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    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   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? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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Not sure where i stand on TV return/repair


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Hi all.

 

Need help figuring out where i stand on a faulty logik tv i purchased from Currys.

 

I've had the TV for 14 months.

 

This last month it keeps putting itself on standby.

Sometimes it happens after a couple of hours, other times after 10 mins.

I've checked many times to make sure that its not on sleep mode.

This seems to be happening more and more frequently.

 

I tried to return it but i've been told that because its outside of the 12 month warranty they cant do anything.

 

After contacting customer services i have been told the only thing they can do is send it away for repair at a cost of £100,

which could be more depending on the fault and non refundable if they are unable to fix it.

The tv originally cost me £400 and so feel a little reluctant to fork out another £100.

 

After extensive search online, i have found out this same fault has effected quite a few customers purchasing logik TV's.

It seems to be a manufacturer fault rather than any fault of mine.

I was advised that because it is fault of manufacturer it is still Currys responsibility to repair/replace the product even though its over the 12 month warranty.

 

I went back to store and was told agian there was nothing they could do, "its not our problem".

i either pay £100 and take my chances or buy a new tv.

 

I have read alot of conflicting info on these forums about where i stand trying to get this problem resolved,

so any help anyone can offer me would be greatly appreciated

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Hi Mat and welcome to the CAG :-)

 

I am not sure what your rights are considering the length of time you've had the TV.

If it was a shorter period of time then you could reasonably expect a repair or replacement but not after 14 months.

Check out the link in my signature re SOGA.

I am sure you will get more advice form others shortly.

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Guest Paul - CurrysPCWorld

Hi Matt,

 

Thanks for taking the time to post. I am sorry to read that your TV has developed a fault.

 

You do have another option available which you may not have been made aware of when you spoke to a member of our team. If you want to forward me your full address details to [email protected] I will organise an 'out of warranty assessment' which is based around the SOGA and the life expectancy of your product.

 

It does sound as though you spoke to our tech team who will have offered you a fault and fix service which is the other route you can go down.

 

If you do decide to go with the option that I have suggested we will take a payment of £95 which is refundable based on the findings with the TV. If it is deemed that the TV has created a fault through no fault of your own (manufacturing defect) then we will look to repair or offer a gesture of goodwill towards the cost of a replacement product based on the amount of time that you have owned the product for (in your case 14 months).

 

Have a think about what you would like to do and drop me an email and I will be more than happy to look into this further for you.

 

All the best,

 

Paul

The KNOWHOW Team.

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Thanks for the link. i have read a number of websites similar. I thought the more i read up the better my knoweledge would be but the more a read the more i'm getting confused. Read several pages about how under EU regulations goods are covered for 2 years, and how goods should covered for manufacturer faults for a realistic life expectancy. And then read other pages saying the opposite. i know this may seem a little petty for a £400 tv but i dont really want to have to buy a new one every year

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Hi all.

 

Need help figuring out where i stand on a faulty logik tv i purchased from Currys.

 

I've had the TV for 14 months.

 

This last month it keeps putting itself on standby.

Sometimes it happens after a couple of hours, other times after 10 mins.

I've checked many times to make sure that its not on sleep mode.

This seems to be happening more and more frequently.

 

I tried to return it but i've been told that because its outside of the 12 month warranty they cant do anything.

 

After contacting customer services i have been told the only thing they can do is send it away for repair at a cost of £100,

which could be more depending on the fault and non refundable if they are unable to fix it.

The tv originally cost me £400 and so feel a little reluctant to fork out another £100.

 

After extensive search online, i have found out this same fault has effected quite a few customers purchasing logik TV's.

It seems to be a manufacturer fault rather than any fault of mine.

I was advised that because it is fault of manufacturer it is still Currys responsibility to repair/replace the product even though its over the 12 month warranty.

 

I went back to store and was told agian there was nothing they could do, "its not our problem".

i either pay £100 and take my chances or buy a new tv.

 

I have read alot of conflicting info on these forums about where i stand trying to get this problem resolved,

so any help anyone can offer me would be greatly appreciated

 

 

NOTHING at all to do with the warranty!

thats EXTRA obn top of your statutory rights under SOGA

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

 

unlike curry's to get this wrong since they changed around

 

you need to contact this REP

 

you will not be able to PM

this gent

please follow the info below:

 

From:Paul - CurrysPCWorld

Hi Guys,

you can contact me at http://getsatisfaction.com/curryspcworld/

I will be able to chat to you further from there.

Kind Regards,

PaulThe KNOWHOW Team

 

or

Thanks for taking the time to post your issue on the forum.

I am sorry to read of the trouble that you have experienced

If you would like to email me at [email protected] with your agreement details and postal details and tel number,

I will look into this for you to see what I can do to resolve this.

 

 

Kind Regards,

Paul

The KNOWHOW Team.

................

 

 

 

i'll alert him to the thread

 

it IS their pigeon & as its a known manu fault could well result in a new TV

 

however, it certainly should NOT cost you anything.

 

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 guys, thanks for the replys.

 

Paul - i'll send you my details, thank you.

Biggest worry was i'd lose £100 plus my tv, thats why i've been checking up if there was anything i could do.

 

Really appreciate the quick responses

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I must express a little concern with this 'out of warranty assessment' Would there not be a conflict of interest there as it would be in Currys interest to find no manufacturing fault (no cost to them and you lose money)

 

I am not suggesting that this is what would happen, just a concern.

 

What I would suggest is that you (with Currys agreement) get an independent report done. If the report shows a manufacturing fault then you would have grounds to get the report fee back from Currys

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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yes i am getting concerned on this too.

 

have already mentioned before this Depreciation of 'value' because its out of warranty.

 

warrany means nowt to do with SOGA neither is is a time the appliace should last for and thus becomes worth 'less'

if it fails with a manu fault.

 

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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Guest Paul - CurrysPCWorld

Hi Guys,

 

I appreciate your concern as we are the seller and the investigator of the product.

 

The best thing that I can suggest is that if the OP would get an inspection done by us as its only 1 payment they will have to part with. If the report comes back suggesting that the fault is not a manufacturing defect then get a second oppinion.

 

I understand your concern but what you have your doubts over could never really happen. Any fault that is found gets charged back to the manufacturer who would then pay us back for the work carried out.

 

I hope this helps crush any doubt guys.

 

All the best,

 

Paul

The KNOWHOW Team

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Guest Paul - CurrysPCWorld

Hi Guys,

 

We charge the £95 and that covers the costs of picking the unit up and petrol and delivery of the product. This then normally gets charged back to the manufacturer of the item. Then the £95 gets refunded to the customer.

 

That is the process that is in place and we do have to stick to that.

 

Hope this helps.

 

Paul

The KNOWHOW Team.

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Hi Paul.

 

I really don't see why the customer has to pay up front for a problem that in all likely hood lies with the manufacturer.

Is there anyone you can talk to about maybe not sticking to that process?

It really seems unfair to the customer.

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Thanks for the link. i have read a number of websites similar. I thought the more i read up the better my knoweledge would be but the more a read the more i'm getting confused. Read several pages about how under EU regulations goods are covered for 2 years, and how goods should covered for manufacturer faults for a realistic life expectancy. And then read other pages saying the opposite. i know this may seem a little petty for a £400 tv but i dont really want to have to buy a new one every year

 

You are correct regarding the EU regulations and the representative on this forum from Currys is trying to mislead you. All electronic goods in the EU are covered for a period of 2 years regardless and Currys should not be offering to check or repair for £100, £10 or even £5! See here for a simple explanation or here for detailed. This is the actual directive.

Currys don't have a leg to stand on!

Edited by Conniff
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Guest Paul - CurrysPCWorld

Hi Guys,

 

The EU Law was not implemented in the UK because if it was, it would have overridden the SOGA which helps the customer more as they have a longer period to claim. It accepts a product should last over 24 months unlike the EU law which will not accept a claim outside of that period. If the item was bought outside of the UK (e.g pixmania France) then the customer would have been able to claim under the EU guidelines.

 

To confirm DSGI would not look or accept any claim under E.U law as it was not officially passed in the UK.

 

Kind Regards

 

Paul

The KNOWHOW Team

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Hi Paul.

 

I really don't see why the customer has to pay up front for a problem that in all likely hood lies with the manufacturer.

Is there anyone you can talk to about maybe not sticking to that process?

It really seems unfair to the customer.

 

Don't you have a comment on the above Paul?

Surely customer service should be your highest priority in these difficult times.

I am sure Curry's are more financially able to put up the costs of repair than many of their customers would be.

Finding an extra £95 could be impossible for some people these days.

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Hi Guys,

 

I appreciate your concern as we are the seller and the investigator of the product.

 

The best thing that I can suggest is that if the OP would get an inspection done by us as its only 1 payment they will have to part with. If the report comes back suggesting that the fault is not a manufacturing defect then get a second oppinion.

 

I understand your concern but what you have your doubts over could never really happen. Any fault that is found gets charged back to the manufacturer who would then pay us back for the work carried out.

 

I hope this helps crush any doubt guys.

 

All the best,

 

Paul

The KNOWHOW Team

 

Not allowing a customer to get an independent report suggests to me unfair trading. This is not a dig at you Paul as you are following your companies rules.

 

Fact. A TV should last longer than 14 months irrespective of how cheap it was. Obviously if the OP has bashed it about, this would show up to Currys as well as an independent electrician so I cannot see what the issues are.

 

My opinion, firstly report this to Trading Standards and the OFT. Get you report done by someone NOT associated with Currys and if they then refuse to deal due to you not following their procedures, take them to court.

 

This spells out the responsibilities of Currys

 

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

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Guest Paul - CurrysPCWorld

Hi Guys,

 

I appreciate what you are saying and asking as I do with everyone on here, but, I can only referr you to what I have already posted and the processes that are in place.

 

I am sorry that I am unable to wave the charge but it is there for a reason, as stated.

 

Matt, I have received your email and will get this actioned for you as soon as possible.

 

Kind Regards,

 

Paul

The KNOWHOW Team

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calm down ladies........

 

the product is over 6mts old

 

under SOGA the owner is required to get 'an' inspection done

and fwd that with the faulty product to the retailer.

 

FWIW i think £95 is not too bad

in 99% of faults its deemed not the customers fault and the inspection fee gets returned.

 

paul has confirmed what i was suspecting is that wihin warranty they bill the manu

 

i wonder what happens however if the product fails within a 'resonable time' as in soga though

obv or i hope dsg foot the bill.

 

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... 

Link to post
Share on other sites

Hi Guys,

 

The EU Law was not implemented in the UK because if it was, it would have overridden the SOGA which helps the customer more as they have a longer period to claim. It accepts a product should last over 24 months unlike the EU law which will not accept a claim outside of that period. If the item was bought outside of the UK (e.g pixmania France) then the customer would have been able to claim under the EU guidelines.

 

To confirm DSGI would not look or accept any claim under E.U law as it was not officially passed in the UK.

 

Kind Regards

 

Paul

The KNOWHOW Team

 

This may news to you, but Britain is part of the EU and the directive does apply to the whole of the EU with no exceptions or have Currys got their own directives that over ride EU law? Thank goodness I am not a customer of any of these High Street retail shops any more as we learnt our lesson that hard way many years ago.

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The most fustrating think is I work at argos and know what I'd do for the customer if a customer came to me. We sent it away and don't charge unless we find the fault lies with the customer. Thanks for all your advice guys, not sure which direction I'm going to take yet.

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No idea why Currys want money up front and then refund you if the fault is inherent. When I worked in the TV service industry, the customer only paid on collection. What are Currys so scared of that they have to charge upfront. You don't pay upfront for a car repair until the car is ready. Considering some TVs are worth more than cars I think this is very relevant!

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