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    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
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barbaraanne

Help regarding a currys coverplan

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I am a new member and seeking help regarding a currys coverplan.

 

This coverplan was for a panasonic 26 lcd tv purchased 4yrs 7mnths ago. I am having technical problems and having similar difficulties as every other customer i've read about on this forum.

 

I understand that Coverplan has been replaced by Whathappens next.

The coverplan states 6wks must elapse before vouchers are given. Whathappens next is 21days.

I really need to know which apply's to me.

Please can someone advise

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Hello and Welcome, barbaraanne,

 

I've started a new thread for you.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks Scott.

 

I am new here! I will work it out eventualy

Alf

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Alf,

 

There's a superb guide to the site here............

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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The terms of your original coverplan agreement stand. The company have 28 days as per the agreement to repair or replace your TV before they must issue vouchers for an exchange.


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Just checked my cover plan agreement and it states. IF YOUR PRODUCT CAN'T BE REPAIRED, OR IF IT TAKES LONGER THAN 6 WEEKS TO REPAIR, YOU MEY REQUEST A REPLACEMENT. I shall be going to the store tomorrow to see why my set still has not been returned.

 

It went away on 3rd Nov as we could not receive bbc channels. I have been visited 5 times and advised firstly that the signal was too weak.

 

Then the signal was too strong and I would need to fit an attenuater to reduce signal strength. Which didn't work.

 

The last time it was del;ivered and the fault was still there so it was taken away again. That was on 1st Dec and have heard nothing since.

 

While I may have to abide by the six week rule because thats what the contract says. I will also argue that the contract also says that IF THE PROBLEM CANNOT BE SOLVED OVER THE PHONE, WE WILL SEND AN ENGINEER OUT TO YOU. Well I have never seen an engineer in 5 visits. all iv'e had, have been delivery drivers.:mad:

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Just checked my cover plan agreement and it states. IF YOUR PRODUCT CAN'T BE REPAIRED, OR IF IT TAKES LONGER THAN 6 WEEKS TO REPAIR, YOU MEY REQUEST A REPLACEMENT. I shall be going to the store tomorrow to see why my set still has not been returned.

 

While I may have to abide by the six week rule because thats what the contract says. I will also argue that the contract also says that IF THE PROBLEM CANNOT BE SOLVED OVER THE PHONE, WE WILL SEND AN ENGINEER OUT TO YOU. Well I have never seen an engineer in 5 visits. all iv'e had, have been delivery drivers.:mad:

 

With all due respect, let me give you a few pointers.

 

1: Do not take out your fustrations on the store staff, they are not mastercare, all they are responsible for is sending and recieving your package. They can't issue vouchers, and can't write your TV off or repair it. So not only is being angry with them pointless, it's actualy damaging because they won't want to help you.

 

2: As far as an engineer goes an operator will only send an engineer out if the fault can be repaired in your home, if the bloke on the phone believes this isn't possible he won't offer you an engineer. Obviously it'd be pointless them wasting your time and having an engineer called out only for him to say there's nothing he can do and it'll have to be collected anyway.

 

Anyway, it's over the 28th day, give mastercare a ring, and quote the 28 day rule, they should send you a letter with a voucher code to go buy a new tv.

Edited by Renzokuken

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Thanks for that advice. I respect the points you make regarding the treatment of store staff. I am a customer service adviser so I empathise with your sentiments fully.

 

I will update again tomorow. Thanks again

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I have rang currys. No trace of set will call me Wednesday.

 

Tech guys called and wanted to know what was the problem?

 

I was also told that because I have cover plan agreement I will have to wait six weeks before I can invoke the VOUCHER RULE

Edited by barbaraanne

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Hi, Sorry to hear of your troubles. Yeah Coverplan policies willhold out until exactly 6 weeks (even if they know it wont be fixed in time). It is then up to you to call Mastercare and request the 6 week replacement rule (only after 6 weeks). They will then confirm that 42 days has passed, work out the nearest spec of applaince, and issue you with a voucher along with a pro rata refund of any warranty to put towards a replacement. If you decide to buy another warranty it will then go onto the newer WEH.;)

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Hi

Yeah you are absolutely right about the six week rule.

To recap. WE HAD BOUGHT THE PANASONIC VIERA 26" FOR £1300 IN JANUARY 2005. THE REPLACEMENT VALUE WAS £149.99. This would have given us the same make of tv and identical in most things except a pc port which the original had.

 

Anyway after plenty of haggling I managed to get £499 and bought a 32" VIERA.

 

So all in all we are pleased with outcome.

 

The next day we received a call from one of the drivers who said "I will be with you in five minutes" He wanted to bring the old set back!!

 

Many thanks Ex DSG Man

 

and to all who helped

 

Alf

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