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    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
    • Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX   I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.   3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.    Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….   Thanks G
    • forget the guarantee, totally worthless, no guarantee or warranty is even worth the paper it's written on.   under the consumer rights act 2015, bensons are quite correct that outside of 6mts, it is down to the consumer to get and pay for an independent report upon any issues. this cost will be refunded upon your win.   also under CRA a 'product' should last a consummate period of time, upto 6yrs typically or even beyond, one would expect a mattress to not to have issues after a mere 10mts.    
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CCA response from Amex...what next?


billyray
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I requested a CCA request from a DCA. They sent me back a very poor application form, with no prescribed terms on it etc.

I sent them back the "Account in Dispute" letter. They then send me back a letter saying "the debt is enforceable" and "the proof of the debt is that the account has been opened, and you have run up the debt" and "impossible to run up a large debt on a credit card without being the legal entity responsible for it." WTF?

 

Why dont they send me a CCA? What letter should I send now?

 

Billy

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Nothing you have sent the account in dispute it's up to them to progress this further, just remember that the recent court cases have no bearing on s127(3) and unenforceable agreements due to missing prescribed terms.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Thanks for the fast reply.

 

They also made mention to the fact that OFT guidelines were meant to apply to those who "genuinely had no knowledge" of the debt, and not those who "wont pay". BS?

 

Also, how do i know they dont have a CCA, but are just too lazy to find it, and can produce it in court?

 

So I should ignore them now? What is their likely next move?

 

Billy

Edited by billyray
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Reckon you'll be hearing from the first of a succession of DCAs fairly soon Billy. Suggest you prepare the obligatory "Bog Off! Account in Dispute" letter and the "Only write to me if you can be trusted with a sharpened pencil" letter and do not enter into any dialogue with any of the DCAs beyond sending them.

 

Suggest that, from time to time, you formally remind Amex of their failing.

 

Important to remember that, despite all the red ink and hit-man threats, DCAs are actually about as dangerous as a cold treacle pudding.

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  • 1 month later...

My thinking was that the DCA would need to refer to their client for acceptance of F&F (unless they were given discretion to make that decision), and they are generally foul to deal with, so I thought it would be better to deal direct. Still, it's all the same in the end, personally I'd rather deal with the organ grinder than the rude, ill-educated arse scratching monkey.

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