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    • This looks like the same email address, a warning from the UK FCA about a clone firm with the name.   https://www.fca.org.uk/news/warnings/north-state-clone-fca-authorised-firm
    • Thanks for the very thorough response.    To be honest, I didn't think it was going to be easy, never is and especially not with a company like Amazon who as you state don't have the process in place to escalate to a human to understand this. Merely having a 'bod' on chat who seemingly just regurgitates what the computer tells them to say.    (Side note) - I also noticed we are no longer included in ADR schemes on the amazon web pages for the UK.    To also clarify amazon have issued a returns label on the first damaged table saw, but this has not been collected by Hermes yet. It is currently sitting downstairs occupying 'space' along with the second one.   I would be happy to settle for a Bosch table saw.  They told me they can't order a new one as it is out of stock.  I think it is more prudent to stick to getting a Bosch Table saw in this instance and for amazon to supply it one way or another.    Also I wanted to add something, I have spoken to Bosch themselves and they criticised amazons behaviour in this, they said they are looking at picking up the table saw and replacing the top that is damaged under warranty.  However this will take around 4-6 weeks (at the moment this is an option Bosch are looking into themselves independent of amazon).  If I do go down this option can I get any discount legally from amazon for the hassle?  Or is it still better to peruse them directly and not do this?   Thanks in advance  
    • I understand that the most recent promise was that the car would be delivered to you yesterday. Please could you bring us up to date. Did you receive the car? If so, is the car okay?  
    • On a side note – I think that if they didn't collect the items from you within the next seven days, then particularly given their size and weight – about 26 kg each – I would put Amazon on notice that I was going to be charging them storage. I think £5 per day is probably not unreasonable – although don't expect Amazon to be happy about it.
    • I think that whatever you eventually do, because you are within 30 days of the delivery of each damaged table saw, you should assert your right to reject them under the Consumer Rights Act. You wouldn't normally need to do this with Amazon – but I think that it is a prudent thing to do in the circumstances and it protects your position in case there is any question arrived in the future. So I suggest for the moment that you send to letters – separate envelopes – to Amazon identifying the items by their invoice reference number or whatever and that they have arrived in a damage date and because you are reacting within 30 days, you are now formally rejecting the items under the consumer rights act 2015 and that Amazon should make immediate arrangements to collect the items from you. As I have said, send the letters separately – but also try to confirm by sending Amazon an email using their contact system and maybe some other email address – keep copies of everything. The letters of rejection should be sent at least by recorded delivery. What is interesting here is that you have spent vouchers on an item which was sold to you at £272. Looking at the link you have posted, it now appears that the price has increased to £359 and so there is no doubt in my mind that you should be entitled to a Bosch table saw even though it is now that price. The objective of contract damages is to put you into the position that you would have been if the contract had not been breached. This means that your expectation at the end of a successful transaction would be to be in possession of a Bosch table saw. If that means that it is going to take £359 to put you into that post-contract position, then so be it. If you are prepared to accept a Bosch table saw instead of the DeWalt one which you apparently now prefer, then even if you found one elsewhere at say, £400, you will be entitled to claim the cost of that from Amazon. It gets a bit more complicated if you singly want your money back. If you want your money back then I think that you are only entitled to the value of the vouchers. If Amazon are unable to supply the saw table then it seems to me that you are entitled to receive the cash – and of course that is where Amazon will grind their heels in to the point where you may have to bring a small claim against them for the value of the vouchers. If this is what eventually happened – that you had to issue a court claim – then I think you are not looking at any resolution in the very near future. I can imagine that Amazon would object and muster a lot of energy to defending the claim. I can imagine that it would go on for at least six months and maybe more. I think you need to factor this delay into your calculations about how to deal with this. So I think broadly the position is that if you want the DeWalt then we can probably help you get your £272 cash which you could use to pay towards the DeWalt – but it will take quite a bit of time. If you are prepared to settle for a Bosch table saw then in the event that Amazon are unable to supply one, I think that you could quite reasonably source one elsewhere and if it was more expensive, one Amazon that this is what you are going to do and that you would be looking to them for the full reimbursement. This also would take quite a few months. I notice that one of Amazon's third-party sellers is selling a Bosch table saw for £429. Of course to buy this quickly, you would have to fork out the money now and then start claiming against Amazon. The problem of dealing with Amazon is that although they are generally speaking excellent, when things go wrong, they become very difficult to deal with. They are so huge that they don't act rationally in an economic kind of way. Amazon are not used to being pushed around and they don't have the mechanism for dealing with things. They don't seem to be able to escalate things rapidly to a responsible human person who will look at the problem and understand the principles. It's all done by procedures and that means it becomes very cumbersome to deal with. I've given a pretty convoluted reply here. Have a look and tell me how I can clarify things that you don't understand  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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MBNA/Restons Claimforms - 2 MBNA Cards **DISCONTINUED***


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They have no first hand information in your affairs, they are 3rd party interlopers, you have no entered into an agreement with them, their exists no contract between you and them, they have no authority in your affairs. DO NOT give them your name, say to them 'NO CONTRACT' never enter into any dialogue or agree to anything. When you give your name, you name in ALL CAPITALS you are entering into a silent agreement, you name in ALL CAPITALS is the name of your corporation because only corporations can enter in business and exchange money. No NAME no agreement.

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  • 1 year later...
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Hi,

 

Just a quick question.

 

When you are compiling a monthly expenditure report do I need to include my wife's income although she has not been using the particular credit card which in fact dates before our marriage?

 

Recent activity regarding debt collectors and credit cards has been thankfully quiet. Once they find out you can't pay rather than wont pay they seem to slow down a bit. Just takes a bit of time and grief getting them to understand (buggers).

 

I have a new 'friend' in Aktive Kapital my 3rd such friend regarding that particular MBNA card, lots of calls that have been ignored as MBNA seriously messed up when they had the account.

 

 

Thanks for your help,

 

Royalblue

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There are different forms.

Some are for sole income and some for joint/household income.

What does it say on the form?

[sIGPIC][/sIGPIC]

 

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Hi,

 

One from the Nat West is titled 'Financial Statement' It has a monthly income column but does not stipulate whether it is joint income or not. There is a space for monthly income but is not divided into self and partners income

 

The one from Capital One has a column for partners salary and is titled simply 'Income and Expenditure form'

 

Cheers.

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I would contact both and ask them to clarify what they need from you.

These forms normally come with an explanatory cover sheet telling you what they need.

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

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If it is solely your debt from before your marriage

any other income is none of their business.

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Agree with Brig - the debt is yours so income of others related to you is irrelevant. - One question - why send them your I&E?? - just work out what you can afford then tell them how much you intend to pay - only a judge can demand it. Rmember to leave money for emergencies.

 

Intend

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There is always Bazzoka Boos letter

 

Dear Curr or Madman,

 

Thank you for prompting me to check my income

and expenditure having do so I can confirm that

I must reduce my payment to you to £1 permonth

thank you so much 1st payment herewith.

  • Haha 1

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Hi royal

 

I take a pragmatic view. Supply an I&E statement if you think it will help and don’t if you don’t. CASH flow is very good for adding authenticity if you choose to. Similarly, do a joint one if it helps and a single one if it doesn’t. Brig is of course quite correct that a partner’s income has no bearing on a non-joint account; however, I have found presenting the full household picture helpful as then what you call b*ggers can see a genuine inability to pay.

 

love

 

vic

 

PS I would never ever supply an I&E to a DCA

Edited by victoria_siempre
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Hi Vic,

 

Yes that's more or less what I have been doing but until now have always included the Wife's wage. Mint and Nat West (the same company now) also Capital One have been understanding and happy to go with my sums.

 

A recent error either by the bank or Mint meant that they almost put it in the hands of a DCA. (payments paid where not being received) I made the mistake of phoning them and going through an updated I&E at the same time. I phoned due to the urgency of the matter and to stop a DCA getting involved. They are best to deal with one at a time!

 

Lesson learnt (again) always write!

 

Thanks all!

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You do not have to complete the forms that the Bank/DCA send you.. you can obtain the CASHflow I&E forms that Victoria was referrring to from the links below :)

 

If you are experiencing difficulty in repaying your debts, CASHflow is a way for you to negotiate affordable repayments with your creditors. Before you can use CASHflow, you must have spoken to one of the free advice agencies licensed to offer CASHflow to their clients. The advice agency will start by talking to you about all of the options available, and can help you to decide if CASHflow is the right one for you.

 

If you decide to use CASHflow, you will be provided with all of the tools you need to be able to complete your own financial statement and negotiate offers of repayment with creditors yourself. This will enable you to stay in control of your situation, but still have support from an adviser at any stage if you need it.

 

You can contact a local advice agency to check if they offer CASHflow. You can find a list of free advice agencies that are near to you by searching for a money adviser in England or Wales, Scotland, or Northern Ireland.

Alternatively, you can call National Debtline on 0808 808 4000

CASHflow: http://www.cashflow.uk.net/

National Debtline: http://www.nationaldebtline.co.u k/

https://www.mymoneysteps.org/

Also as highlighted in the CAGnewsletter...

There is the new CAB system that might also be worth a look, this system saves all your details, has guidance allowance figures to work with if you wish and you do not need to be invited / signed off etc with this system, just log in and away you go (see below)

 

(Also, there are a number of other self help tools and systems around so might be worth a little exploration if this is what you eventually decide on.)

 

http://mymoney.nedcab.org.uk/moneyadvice/

 

http://mymoney.nedcab.org.uk/moneyadvice/ (example of completed dmp)

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Thanks CitizenB.

 

I have used the CCCS before but they couldn't do much at the time. The Cashflow page looks interesting and I shall be looking at that.

 

Cheers,

 

Royal.

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There is always Bazzoka Boos letter

 

Dear Curr or Madman,

 

Thank you for prompting me to check my income

and expenditure having do so I can confirm that

I must reduce my payment to you to £1 permonth

thank you so much 1st payment herewith.

 

I'm stealing this one! :lol:

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 1 month later...

Ok, this is a surprise. These two cases that MBNA gave up at the last minute have just been sold to MFS Portfolio. My last contact was when Restons agreed to halt proceedings on the day the case was due to be heard in court.

 

I have not heard from MFS yet but do they have any options as the original paperwork could not be found by MBNA?

 

Any thoughts?

 

Chhers,

 

Royalblue.

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They did this a couple of years ago. They went the court route but couldn't find any original paper work so backed down at the last minute, in fact the morning of a court hearing.

 

Two years later I get a letter saying they have sold this debt on.

 

Does anyone know what rights the company that have bought the debt have? What can they do?

 

Cheers,

 

Royalblue.

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I'm curious are MBNA habitually dropping or stopping cases at the last minute?

 

Any case that has similarities to Harrison v Link appear to be dropped.

 

 

http://www.bbc.co.uk/news/business-13199797

 

Harrison v Link Financial Ltd ALL ER (2011).pdf

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If you issued a defence to the claim then its game over for them using the same circumstances or particulars of claim so to speak, once you have defended a claim they cannot then raise the same issue again without the material facts being different.

 

They can chase outside of course but that should be it as far as legal action goes.

 

S.

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Discontinuance and subsequent proceedings

 

38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#pagetop

 

I've had a letter too!

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Westie,

 

I wonder if these people bought old debts as a job lot or just weren't told of their history.

 

I think I would want my money back if I had bought my debt!

 

Good luck.

 

Royalblue.

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  • 2 weeks later...

Hi Westie,

 

Heard anymore?

 

Had a letter today from MFS saying they are the new creditor. Do you think that makes a difference to the discontinue rules you posted above?

 

They have also named the same solicitors as before. (also the same ref numbers)

 

Royal.

Edited by royalblue1878
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RB, there are quite a lot of threads regarding MBNA/MFS - it might be a good idea to have a read.

 

Especially if there is a CCJ or tomlin order involved.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • dx100uk changed the title to MBNA/Restons Claimforms - 2 MBNA Cards **DISCONTINUED***
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