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    • Good morning.    I would like some advice please.    I recently (19th nov) bought a Samsung Galaxy S20+ from currys. I did open and set up the phone to try it out but 1) wasn’t keen on it and 2) had trouble with the usb connection when trying to connect with my car stereo.   I decided that I would seek to return it, but only on trying to return it came across the stipulation that if data/software has been installed then a refund would not be issued and after calling was told this was due to GDPR. I did point out to them that phone providers will issue full refunds even if the phone has been set-up and also that in order to be able to test the phone it requires setting up and software/data being installed but was told that it’s their policy.   I acknowledge that I may have handled it more than is reasonable in a shop as you wouldn’t be able to install software in a store, however the phone did need to be set up in order to test it, the phone has been returned back to factory settings and didn’t leave a case or the plastic film for the two days I used it for. Therefore I do not believe it was handled more than necessary.   Having looked at the CCR and CRA I called back to state that their store policy is super erred by the previously mentioned regulations and that their policy contradicts the Consumer Regulations Act.   As you cannot properly test the phone without having to install software on it, their policy creates an unfair term which I told the customer service agent over the phone who spoke to her manager and told me to contact their legal department.   I am still within the 14 day notice of return period so wish to try and preferable use this route.   Any advice at all please?
    • Here is all the details (hopefully) in one post.   The Ford Kuga was purchased from Fast Motor Finance LTD Crawley on 8th September 20 Mileage at purchase was 109520 through HP fiancé via Advance Finance Grimsby   The car was covered by a 6 month warranty that includes engine & gearbox but excludes clutches, flywheels or any wear & tear (Taken from the garages website)    Service History:   08-04-2013 Pre-delivery Inspection 26-11-2013 12809 Service (no paperwork just stamped book) 09-07-2014 25963 Service (no paperwork just stamped book) 09-02-2015 36814 Service (first Invoiced service but no paperwork just stamped book). Gearbox service would of probably been done here but can't verify. 16-02-2016 50385 Service  (Full service, paperwork and stamped book) 31-03-2017 64680 Service (Full Service, paperwork & stamped book) 13-02-2018 76988 Service ( Full service with gearbox service, paperwork & book stamp) 29-03-2019 92592 Service (Full service with paperwork & book stamp) 11-02-2020 106322 Service (Basic Service, no paperwork but book stamp)   As there was no paperwork for last service the garage which serviced the car were able to email over that the service was a basic oil & water change and that the gearbox oil and filters was not changed.   At the beginning of November the gearbox started making some noise and was having trouble selecting gear.   The finance company  asked for the car to be taken to a VAT registered garage to find out what the problem was and not to drive it further.   After the garage looked at the car the estimate was for a full service of the gearbox which would be £370 but because it had gone over Ford recommended mileage for the gearbox there would be no guarantee this would clear the problem and that would mean a replacement gearbox would be needed.   Since picking the car up in September the car has driven 1500 miles.   Spoke to the garage as was informed that the car was over 30 days old and there was nothing they could do and the gearbox would not be covered by the warranty as this would be normal wear and tear!   The warranty company said exactly the same and would not entertain us.   After countless calls and emails to Advantage finance a formal complaint was raised and they finally agreed to send one of their mechanics to inspect the car last week 19th November. The mechanics ahs reported back to Advantage that the noise is down to wear and tear and Advantage have closed the complaint and are sending out a deadlock letter that includes a copy of the mechanics report.   Would their mechanic have to be DEKRA registered to complete the report or Advance Finance own mechanic?   This now means that the car cannot be driven is still at the garage and will need a minimum of £370 to make it driveable on a car that has been driven 1500 miles since collection without a guarantee that this will cure the problem.   We are both key workers that need the car to travel to and from work as well as take our son to nursery, and at the moment having to rely of friends and family to help out with lifts.   I have spoken to Ford and they have told me these car need to have the gearbox serviced at around 35k and at a very maximum of 37.5k and have put this on letterheaded paper, I have also emailed a couple of other Ford and independent dealers to get details of this as well.   Would it be worth getting an AA or RAC inspection done to check the gearbox and to see if there is any other problems with the car.   Thanks again to everyone epically dx & Bank fodder who have helped me with advice.   JJ    
    • nothing they can do anyway so..   dx
    • I've successfully had a Claim discontinued using the exact stages recommended by Andy and DX. They are outstanding individuals in the fight against these dreadful DCA's! Good luck.   'L' will likely pull out at the eleventh hour but mean time try to fob you off with bank giro slip copies as Contract proof lol. Stand your ground!   Also my Letter Before Action actually came AFTER the  Money claim. They can't even get the pre-action protocol right.   Another thing they tried was pretending to send papers that looked like they were from the court for me to sign re: Claims Track.. Boxes had been pre-checked by them to dupe me into signing their preferred action. I printed out my own and sent those to the court instead. 
    • Talks about borrowing £30m have reportedly failed, potentially putting 15,000 jobs at risk. View the full article
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Can you post up the particulars of claim from the front page of court docs you received covering your personal details it will help members to advise.

If you cant copy them or scan them just type the details.

DG:)

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what details would you like to know dg?

 

Usual says particulars of claim its normally on the left hand side of the page - its the part that says what they are claiming.

DG

 

Says something like and the claimant claims etc.,

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particulars of claim. the claimants claim is for the sum of 794.67 being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and mbna europe bank limited under reference xxxxxxxxxxxxxxxx and assigned to the claimant on 20th march 2009 notice of which has been given to the defendant. the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section87(1)of the consumer credit act 1974.the claimant claims the sum of 794.67

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Did you receive anything prior to the court papers from mba?

At the top of the court papers on the left is that filled in as mbna or a DCA? there may be two names and addresses on (one of them says send any docs to)?

Have you acknowledge service of the claim yet to the court as your really need to do that you can do it on the internet it gives you the details on the papers along with a password? It then gives you a bit more time.

I assume you are going to defend the whole of the claim?

Have you done a CCA request to them?

Have you any other letters, DN anything like that from MBNA?

Can you post any of this info up, scan it or digital thro photobucket?

DG:)

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thanks for the help dg,had letters from mbna but think i binned them!yes there are 2 names top left of papers one claimant cl finance. the other send documents to hc solicitor.got the details to respond to the claim will do this on internet.should i defend all of the claim?

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i have a claims company pursuing this claim should i talk to them about this?will they sort this out with my claim?will they charge me more?sorry but i may sound stupid but really dont know what to do! many thanks bbm

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You need to CCA CL for a copy of the agreement they have 12 + 2 days to respond and you need to send a £1 PO with it made out to CL write you account no. on the back of it. You need a copy of the CCA to post up for members to have a look at and check it is enforceable.

You also need to send a SAR letter cost £10 PO to mbna this should produce copies of statements, dn and should show any late payments etc., they have 40 days to respond to this request.

Yes defend all the claim because after all you have no information relating to their claim. You just put on the acknowledge that you are defending all.

Just check the claim form I think you have to respond within 14 days that makes around the 11th but just check it out please.

Don't worry you will get plenty of help with everything from the members.

These claims companies I think only deal with you claiming charges.

I'll post you the letters shortly just amend where necessary.

Make sure you send them SD I know it costs more but it ensures they get the letters by 1pm next day.

DO NOT SIGN THE LETTERS just print your name or type it but never ever use your usual signature (digital enhancement and all that.)

DG:)

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Sorry I've not been able to post the letters up.

If you go to the main page and click on the right hand side of the posts for debt collection industry it will take you to page that has the link for the letters template you will find the CCA letter and the SAR letter there.

Edited by diamondgirl
different post

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You can also send this letter to CL

Your Name and Address

 

 

Date

 

 

There Name/Address

 

Dear Sir,

 

Re: Their details/your name/Case No.

CPR 31.14 Request

 

On xxxxxxx I received the Claim Form in this case issued by you out of the xxxxxxxn County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defense, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

 

Yours faithfully

 

 

A N Other

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Before sending these letters I'll get someone to stop by and check that I have advised you right as I'm still relatively new at this and would not like to think that I might advise you wrong.

DG:)

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