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please help . products bought Curry's


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Hi,

I am seeking helpin relation to products i bought from curries .

 

I purchased some products from curries under the 12 month no intrest free option in 2009 that totalled just over £1000 , a small deposit was paid and then i was expecting a letter 11 months later about a payment that would have been due , i didnt recive this letter and contacted HFC bank ( they had arranged the loan) and they confirmed they had no record of my order , i contacted curries not only by phone but i went to the store and showed them the receipt and they could not track any order but advised me to contact HFC even i told them they dont have any records . I then contacted HFC again and demanded they review all acounts at the address , i have bought from curries before where the arrangements were arranged through HFC so they only had records of previous order but nothing for this mysterious order bought in 2009 . At this point i didnt know what to do, i had funds in my account waiting to pay for the goods, some weeks had passed after the payment was due and i recived a letter from a collections agency pursuing a debt , i had suspected straight away that this would be the money owed to curries but i requested a receipt of goods as i didnt want to just make a payment , i waited a month and curries didnt bother sending the collection agency the receipt but confirmed the goods that were bought which coincided with the products that i purchased , the amount owed had court fees and intrest fees added , i then advised the collection agency that is my order but explained to them that this was a 12 month intrest free option and i chased not only HFC bank but curries to make the payment when it was due but they had no record of the order . The advisor from the collection agency then suspected that there may have been an administration error by curries but the debt had to be settled, i did not dispute this but declined to pay for any extra charges , advisor was kind enough to put it on hold and contacted curries to confirm my dispute , i then had to wait another two weeks before finding out that curries declined to accept the dispute and demand the full payment , to my amazent i also established that a court judgment was created against me ( i dont recall receiving any letters , five months after the order had been placed, this angered me even more , how could they have created a judgement againt me when there was nothing to pay for 12 months .

I contacted curries head office and copied all of my agreement and sent it to them , i received a call and was advised that my complaint would be dealt with but the advisor from head office also states he feels there has been an error by curries and not to worry as the issue will be resolved .

I also contacted consumer direct over the phone and they referred my case to trading standards , i copied and faxed my agreement with curries and passed this onto the trading standards officer who had then got in touch with curries . It has taken over a month for curries to reply , i spoke to the trading standards officer who read out curries reply , again to my amazement when the order was placed in 2009 curries state they sent a letter 6 weeks later stating that the intrest free option was not completed correctly and they couldnt process the 12 month free option , they then state as they did not receive a reply the amount was deemed to be outstanding hence why the court judgment , they further state that they sent four letters in total . I can confirm that they did not send any letters , not once did i receive any letters confirming my order could not have been processed, i mentioned this to the trading standards officer who confirmed she didnt see any point in requesting the letters from curries as this can easily created and falsified , we both agreed there was an outstanding amount but i refuse to pay the additional charges , curries have refused to remove the extra charges . Currires have not yet replied to my letter which was sent almost two months ago but had replied to the trading standards officer, i was then expecting the same reply but as of yet not heard anyhting and it has been a week since trading standards received a reply .

 

As i am based in Scotland , the trading standard officer has somehow found a flaw in their process of pursuing the debt , it is as follows

"

“This was clearly a consumer Contract and Mr ..... is domiciled in Scotland this action would be regarded an incompetent, upon the grounds that the County Court does not have legal jurisdiction to hear the case. The consumer can only be sued in the Scottish Sheriff Court where he lives. The authority for this statement is paragraph 3 (4) of Schedule 8 to the Civil Jurisdiction and Judgements Act 1982. This rule cannot be contracted out of unless you received written agreement from Mr .... for the matter to be heard in St Albans County Court. Accordingly, I do not think this decree would be enforceable in Scottish Law.”

I am not sure about this legislation but was advised that i have an opportunity to get curries to try and compromise . I still have the funds but do not want to pay for any additional charges and as this has had an affect on my credit rating i would like them to resolve/fix this .

Not once did i receive any letters from curries confirming the order could not have been processed, first i heard was after the payment was due and it was from a collections agency . I have been in touch with curries again to enquire on what address the letters were sent too but have not recived a reply

I apologise for the lenghty explanation but would appreciate any assistance .

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