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    • Thanks for the reply     Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 18/02/2021   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? By anagreement between New Day Ltd RE Marbles & the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 2140.14  2. Costs   What is the total value of the claim? £2325.14   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I could have   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? Not Sure but im going to look back on old emails. But I think it would have been around 2018.   Do you recall how you entered into the agreement...On line /In branch/By post ? If I did it would have been online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No but there is a DCA on there that could be for this.   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser by the looks of it.   Were you aware the account had been assigned – did you receive a Notice of Assignment? I could have but I’ll need to look back.   Did you receive a Default Notice from the original creditor? Not sure but its possible.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure but its possible.    What was the date of your last payment? I don’t know.   Was there a dispute with the original creditor that remains unresolved? No.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
    • Hi dx,   Thanks for the quick reply!   Unfortunately the history is a tad complex but I'll give it a shot:   I originally had a PCP contract on a Volvo. The PCP was coming to an end so I went to renew for a new car. When I went for this, unbeknown to me, my credit rating had slipped so I was declined. In a panic, as I was going to be without wheels for work, the salesman asked if anybody would be willing to take the finance out on my behalf.    Again, in a panic, I asked my brother to and he did not hesitate to take the finance. At the time of the sale, the contract was changed to a  PCH. It wasn't really explained at the time,  what this implied. I suppose it was naïve on my part not to look into this further but it seemed like a rush job at the showroom. He just wanted the sale in other words and brushed past all the details... sign here....sign there etc.    Fast forward to COVID and I loose my job. Cant afford the payments. Only had the car a year or so. I ring up to explain this and they tell me of course.....but.......we (Volvo Contract Services/Santander) want £5,000 for early termination. I was gobsmacked.    I told them there's no way I can pay that; I don't have a job. Not interested. I look into this further and there's FCA advice regarding miss selling of car finance and a lot of what is on that subject applies to my situation. I thought I could ask Volvo/Santander for their complaints procedure before I contact the FCA. I emailed them this request.   Next thing I know I get this letter through my front door today from DWF Law LLP (Manchester) saying that I have 30 days to cough up or else they will issue County Court proceedings. Of course the letters cover page with the actual threat is a mixture of my details and this other persons details and their agreement stapled to it.   As far as I'm aware though, a PCH isn't regulated by the CCA?   What do you reckon?    Sorry, just to be clear; I handed the car back in November time.
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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.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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I bought a Panasonic Washing Machine in Nov 2010 from John Lewis. In OCT 2011 the washing machine went wrong.

 

After several attempts by Panasonics cowbows JTM, the machine is still not woking correctly. John Lewis say its nothing to do with them its Panasonic. Panasonic claim the problem is with JTM and JTM say Panasonic.

 

Can anyone help with how to proceed.

 

Can I take legal action against all 3 and claim consequential losses and damages. There have so far been 11 repair attempts! The machine works for a couple of hours and then fails again!

 

Any help appreciated.

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If this is a 12mth warranty & the fault was logged with John Lewis before the warranty expired I'd thought it'd been up to them to sort? The Sale of Goods act I think covers you up to 6 years why not give Consumer Direct a ring who will point you in the right direction. Also write to the Head Office of John Lewis & tell them you will be contacting Trading Standards/ watchdog. I hope you get it sorted.

 

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John Lewis probably will try and send you away - as most retailers do. However, as they sold you the item, I'd follow up your complaint with them.

It should be covered under the 12 month warranty anyway, and as the fault was logged the month before that was due to expire - and is still yet to be rectified - I'd tell John Lewis' that you are giving them one last chance to put things right, before you extend the matter - at which point you may want to contact Watchdog, write to the Chief Exec of John Lewis, etc.

 

Usually, the higher you start, the quicker it's resolved.

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I bought a Panasonic Washing Machine in Nov 2010 from John Lewis. In OCT 2011 the washing machine went wrong.

 

After several attempts by Panasonics cowbows JTM, the machine is still not woking correctly. John Lewis say its nothing to do with them its Panasonic. Panasonic claim the problem is with JTM and JTM say Panasonic.

 

Can anyone help how to proceed.

 

Can I take legal action against all 3 and claim consequential losses and damages. There have so far been 11 repair attempts! The machine works for a couple of hours and then fails again!

 

Any help appreciated.

 

your claim is clearly under soga and is nothing to do with any warranty nor the manu

 

it is squarely John Lewis's bag to replace or refund after so many attempts to resolve the issue.

 

its very rare to see john lewis wriggling like this.

 

i would expect you had 24mts replacement with them anyway as JL have done that for a good few years now.

 

pull the CEO's office string and quote SOGA

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/forcustomersith

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dark

 

Write a Formal Letter of Complaint, mark it as such. Explain whats happened, how they have let you down (given you the runaround) and what you want them to do.

Send it :-

Andy Street, Chief Executive

[email protected]

 

Some tips:- http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

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  • 2 weeks later...

I bought a Panasonic washing machine from John Lewis almost a year ago and to be fair it has been washing fine, but just recently it has got a lot noisier during the final spin. Logged a service call and after chasing it up it turned out that JTM had lost my details, so I logged another call and the engineer didn't show up or call or anything.

 

By this stage I then got onto John Lewis's call centre customer care who just repeatedly gave me the default pigeon holed lines saying that there's nothing that they can do and it's between me and Panasonic, but after demanding the number of the most senior customer care person that I could speak to at their head office and one phone call to a director later the machine is going to be replaced with a Bosch. At least I know Bosch's service is reliable enough and can be counted on.

 

All in all my six year Panasonic warranty sounded good and was one of the main reasons that I bought it, but of course it's not worth the paper that it's written on if you can't actually get any service through it. There's just no way that I had any confidence in Panasonic's support after all this and the idea of having to endure it for six years just wasn't going to happen.

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