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New girl without a clue - help needed defending return of goods please

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Hi everyone, not sure where to post the particulars of mt court case due 17th Sept. I am defending myself and after submmiting my defence the claimant RFS have made a silly offer of addressing matter out of court which I declined and they are now asking me to propose a solution. Seriously worried if I lose I'll incur grands of costs/debt but dont want to give in as I think I have a good case . Thanks for reading and I welcome any help at all.

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Well, I'm sure that we would love to help but you have given us absolutely no details of your story.


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Hello and Welcome,

 

I'll move this thread to our Legal Issues Forum, where hopefully you'll get the help your looking for.

 

Regards.

 

Scott.


 
 

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

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

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

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Happiness (is a cigar called hamlet)

 

Only joking, well, can you please post up you story happiness so we can see the details and advise you accordingly.

 

Kind Regards

 

The Mould

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Ha ha thanks The Mould, Scott and Maroon.

You will be sorry you sked for details but here goes , bought a vehicle June 2006 on HP through RFS made reg payments up until Jan 07 when sister died unexpectedly whilst we were abroad (emergency flights, funeral costs,etc), through grieving didn't have the prescence of mind to be worried about the ONE single payment and direct debits from then continued. in May 07 got a bundle of letters (National Postal Strike) listing charges. I disputed the amount, cancelled my dd in case they somehow took from my account ,got a printout but the company and when I attempted to make payment over the phone call handlers advised that the full amount of charges had to be paid. Got the total amount to pay , put the money in my bank and each time I attempted to pay the amount had gone up (within a day or so). I wasn't exactly sweetness and light in response to the poor attitude from call handlers so went through 'team leader' who was equally as rude - explained I had the full amount of arrears to pay but was told 'too late' I said I would record all conversations as they actively prevented me from making payments call was terminated by the tl and ever since when I gave my agreement number the call would be terminated - I eventually had to go through Trading Standards who intervened and I was then 'allowed' to pay. Since that payment in Dec 08 I attempted to make my first payment but the call was terminated suspect I had a marker against me as 'trouble' but rightly or wrongly I gave up after a few attempts and thought well I will wait for them to base. One year later I received a default notice so consulted Contract Checker they deemed the HP agreement unenforceable , I also took advice from CAB who also advised to go down the Unfair Relationship route. Csse went to County Court but days before Legal 1 Solicitors stated they wouldn't represent on a no win no fee and I'm not ent to leg aid. been to court twice i have since compiled my own defence file . After submmitting this RFS/RCI have sent me an offer of 'addressing' it out of court whereby I start where iI left with the repaymtents but incur the costs of a few grand - I declined. Since spoke via phone and RFS solicitor got shirty as I wouldn't sign agreement to acknowlege their change of ownershipfrom RFS to RCI for courts. I was asked to consider submitting a solution/offer without prejudice but I stated that I didn't think the agreement was enforceable so doubtful I would .....

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:confused:

Ha ha thanks The Mould, Scott and Maroon.

You will be sorry you sked for details but here goes , bought a vehicle June 2006 on HP through RFS made reg payments up until Jan 07 when sister died unexpectedly whilst we were abroad (emergency flights, funeral costs,etc), through grieving didn't have the prescence of mind to be worried about the ONE single payment and direct debits from then continued. in May 07 got a bundle of letters (National Postal Strike) listing charges. I disputed the amount, cancelled my dd in case they somehow took from my account ,got a printout but the company and when I attempted to make payment over the phone call handlers advised that the full amount of charges had to be paid. Got the total amount to pay , put the money in my bank and each time I attempted to pay the amount had gone up (within a day or so). I wasn't exactly sweetness and light in response to the poor attitude from call handlers so went through 'team leader' who was equally as rude - explained I had the full amount of arrears to pay but was told 'too late' I said I would record all conversations as they actively prevented me from making payments call was terminated by the tl and ever since when I gave my agreement number the call would be terminated - I eventually had to go through Trading Standards who intervened and I was then 'allowed' to pay. Since that payment in Dec 08 I attempted to make my first payment but the call was terminated suspect I had a marker against me as 'trouble' but rightly or wrongly I gave up after a few attempts and thought well I will wait for them to base. One year later I received a default notice so consulted Contract Checker they deemed the HP agreement unenforceable , I also took advice from CAB who also advised to go down the Unfair Relationship route. Csse went to County Court but days before Legal 1 Solicitors stated they wouldn't represent on a no win no fee and I'm not ent to leg aid. been to court twice i have since compiled my own defence file . After submmitting this RFS/RCI have sent me an offer of 'addressing' it out of court whereby I start where iI left with the repaymtents but incur the costs of a few grand - I declined. Since spoke via phone and RFS solicitor got shirty as I wouldn't sign agreement to acknowlege their change of ownershipfrom RFS to RCI for courts. I was asked to consider submitting a solution/offer without prejudice but I stated that I didn't think the agreement was enforceable so doubtful I would .....

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set up a free account on www.photobucket.com you upload the docs to there then posts the links to them from there and we can read them yours above are only thumbnails way CAG does it


NEVER FORGET

 

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Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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set up a free account on www.photobucket.com you upload the docs to there then posts the links to them from there and we can read them yours above are only thumbnails way CAG does it

 

Will do, thanks for that

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Hello there happiness

 

Goodness me I am so sorry to hear about your loss, blimey I am quite embarrassed about my little joke now.

 

Well, I am quite busy tonight and Sunday, however, I shall endeavour to assist you, if I get the chance on the morrow I most definately will have a proper read of your circumstances, if I do not get that chance, then I will get on this case on Monday Morning.

 

In the meantime dear friend, if you can post up those documents for inspection I would be most grateful to you and I am sure so too many others would be also.

 

Catch you very shortly, I do like your name by the way, happiness, yes we all seek that, it is of course already in each and every one of us, well I am going on a bit, not much help for now I know, but I will be back with your case soon.

 

Kind Regards

 

The Mould

  • Haha 1

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tried but too lengthy and wasn't free .....

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sorry was a respectful request , did only mean if you were free , thanks anyway .....

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Oh don't be daft The Mould

I found it quite funny , thank you for your kind words though all is well now but I am quite passionate at the lack of compassionfrom the company despite sending death certificate, etc. I have tried to upload docs but showing only as thumbnails - computers are not my forte .

 

Hope its something nice you're busy with and hopefully will speak again.

THANKS x

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OK Happiness1

 

So they have issued a claim against you, you defended, proceedings have been heard in Court twice, your opponent is requesting/proposing that you Settle the account/claim out of Court in a Full and Final.

 

Can you post up that Default Notice please? If not, can you type it up word for word minus your personal details.

 

The claimant's poc's (Particulars of Claim) can you also post them up please?

 

What happened in Court on those two (2) occasions?

 

Has your opponent made any application for a Summary Judgment?

 

Has the Court given any directions recently?

 

Apart from the agreement/contract what other document(s ) is the claimant relying on to substantiate his claim?

 

Did the creditor make any type of demand for the full balance before he issued the Default Notice?

 

What is the amount claimed by the claimant?

 

What track are these proceedings on?

 

Are the proceedings stayed (suspended) at the present time?

 

A few questions to begin with, sorry about that, but the more detail you can give then the better position we will be in to assist you in succeeding with your defence against this action.

 

Kind regards

 

The Mould

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happiness did you say photobucket was not free, it is , there is an advanced version , but the one we all use is free


NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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thanks kiptower - i'm on it now but somehow when I scan docs they are being saved as thumbnails ????? , thanks x

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Hi The Mould

are you able to view the thumbnails I have put on as its the only way I'm able to scan and upload ??? thanks

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Hi The Mould

 

First court appearance I verbally explained my defence and was advised to submit a defence file.

Second appearance court did not have the defence file I submitted and directed the claimant that a longer hearing would be needed as case has more factors than first appeared therefore the case has been adjourned twice the date set for hearing now being 17/09/2110.

Not seen anything regarding Summary Judgement

Only documents I am aware of that the claimant is relying on is the Default Notice and Termination Notice

Total Amount outstanding as at 19 October 2009 being £ 7,417.94

Claimants statement of costs profit and disbursements Grand Total £3,284.50

Proceedings have beeon adjourned to 17th Sept

 

The offer made by the claimant was to make payments secured by way of suspended return of goods. The amount being £11,840.53

 

My defence includes the following

 

1.Printout from Trading Standards Officer ( confirms intervention Dec 08 when the firm would not accept payment)

2. Legal 1 Solicitors Letter to the claimant (their assessment of the loan agreement which they claim confirmsthat is defective in the following ways ...)

3.HP Agreemnent ( I didn't sign - my husband did)

4.Claimants letters

5.Summary Of Interest June 07 ( which I disagreed with and was the start of the dispute)

6.Letters, emails sentJune 07 to the claimants directors, financial services regarding the company not accepting payments and changing amount due - being obstructive and my willingness to pay

7. Claimants consultant reply 04/12/07

 

Hope this helps

Thank You The Mould

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In court tommorow on this one - the claimant wishes to have the name of company/ownership changed in the particulars of claim. I could have signed and posted the documents back but I dont trust the company therefore would rather do it through the courts. Could the judge go into the whole case or will this be a 10 minute jobby with the allocated hearing 17th September being the full depth hearing ???? The Mould has kindly been looking at my documents and in the process of determining if theres any advice but quite busy with other cases so wondered if anyone can offer support for tommorow.

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Hi Happiness

 

Bump stands for 'Bring Up My Post' and is a means of pushing your thread to the top of the 'pile' where it will be more easily noticed by others who may be able to offer advice and is often used when a thread appears not to be receiving much response.

 

It doesn't guarantee help but 'every little helps';)

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Thank you Middenmess

 

sorry to ask but how do I do that

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Every time that someone posts on your thread [like I am doing now] makes your thread the most recent and therefore it appears at the top of page one of 'New Posts'

 

Hopefully someone with advice will see it and reply.

 

If no response and you need urgent help then click on the black triangle in the left hand column just beneath your user name and that will alert the site team that you need help.

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