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    • I think I know the answer , but We booked our dog into boarding kennels for our holiday , starting Tuesday 16 Unfortunately about 2 weeks ago the dog picked up a parasite called giardia .this causes soft stools etc . The vet gave us the treatment and said the dog “should “ be ok in time for the boarding .A side effect of the treatment is that the dog has still has soft stools , similar the those when the parasite is present We messaged the kennel Friday , explaining the situation , also topping up the final payment , It appears the kennel did not receive the message , so we spoke yesterday ( Monday ) They were unsure as to whether the dog should be accepted . over night they massaged us and cancelled the booking , we do have a plan “B” this involves our daughter moving  back home for a week . Their T&Cs are quite tight , regarding cancelation by the client , But in this case they cancelled , have I got a hope of getting a refund , less , say , a admin charge , over £300 fees have been paid for 10 days boarding We do have "Pet Plan" Insurance Extract from T&Cs     “You agree that if you do not arrive on the start date of your booking, you will be liable for the full payment per day. You agree that should you return from holiday early and decide to collect your dog before the end of your booking, you will not be entitled to any refund of payment. In the unlikely event of illness or other circumstances resulting in a reduced stay with us, the total booking fee is still due and you will not be entitled to a refund or part refund. You agree that if you cancel giving less than 14 days notice the total fee is due. You agree that if you cancel your booking you will lose your full deposit. If you bring less dogs than are booked, you are still responsible for the balance due. “
    • The SD is dead, when  I applied to have it set aside a copy was sent to by the court to Credit Agricole the debt owner,  it was part of my appeal that Credil Limits were not authorised to make the application. Credit Limits then withdrew the application. As far as I am aware Credit Agricole did not respond. Creditl Limits came back to me ignoring the grounds of appeal see letter 15/4. They refer to statute barred, the loan was for double glazing it was not part of the mortgage so I still contend that the 5 year rule applies.   I did not contest the original French court order but before the hearing  I wrote to Credit Agricole offering to pay over a long period of time as the home in France was about to be repossessed by the mortgage bank (and it was). Credit Agricole did not reply to my letters. The original judgement had the following 'Since immediate enforcement is not a necessity, it shall not be ordered.'   See compliments slip below purported to be from Credit Agricole, undated and unsigned, this is probably in response to my appeal when I said that I had nothing from Credit Agricole suggesting that CLI were agents. I am not convinced that this is genuine, CLI have had plenty of opportunity to produce this since they were 'appointed'  in 2018!   Can CLI represent Credit Agricole here in the UK as they are debt collectors and as far as I can see are  not registered with the FSA?   Thanks again   comps.pdf letter.pdf
    • thanks fk and bank fodder, yes I know been here awhile I just needed bit advice, seems this company have a habit of taking peoples money!   I can not record phone calls so will go bank ty xx
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traderman

Lowell Statutory Demand set aside **won**

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Well, got back from court yesterday after applying to set aside a stat demand. No one from lowell turned up and they didnt file an afffidavit as ordered by the court.

 

My application to set aside was on the basis that they hadn't complied with the CCA s78 etc, were in default, that the debt was Statute barred and the service of the SD by 2nd class post was an abuse of the process of the court.

 

Judge said there was no question that the SD should be set aside and didnt even go into the facts, saying he had read my affidavit already.

 

** Useful tip. I had forgotten to ask for costs in the original affidavit (which you should do). I sent a copy of the court order ordering lowells to file an affidavit in reply to them by recorded delivery and told them that in view of the fact that they were in default, and had failed to file the affidavit in 14 days, if they didnt withdraw and tell the court they had done, I would ask for costs.

 

I showed that letter to the district judge. (Who tend to be senior local solicitors, not the grumpy wigged type on the TV). The judge awarded £60 for costs for the work done. I got the impression that if I had lost wages, those could be considered too. The judge ordered that the costs be payed immediately as I also got the impression he wasn't impressed with the Leeds shower and their contempt for the legal process.

 

I am now planning to go full steam to recover the costs if they dont pay. They can't mount a counterclaim as they don't have the CCA info and are in default!

 

For those not experienced in the legal world, it isn't too daunting going to court. The hearings are in private in a back room and the News of the World won't be there reporting. Give it to 'em.

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This is excellent news. Good luck with claiming your costs. x


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traderman,

well done ... I am having to go to court end of next month to get a set aside for the CH and reading your success is encouraging. This is will my first time ever and I do not know what they will ask and what I have to say - if you can share this with me it would be of great help for me and others having to daunt on this first time first hand experience of attending a hearing.

many thanks.

bobneedhelp

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