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    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
    • the pursuers don't have to serve a DN the original creditor did the pursuers have failed to prove one was ever served. fatal under section 87 of the CCA    no signed cca nor relevant T&C's    
    • PDF only please read upload   yes block and bounce all email addresses.   dx  
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bladerunner204

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Hello All

 

First time poster, glad such a forum exists, willl be one of my dialy reads from here on!!! AWESOME

 

My issue is as below, if I can get a view on what my options are?

 

I bought a laptop from PCWORLD in Staines in Aug 2011, my criteria was backlit keyboard, dedicated graphics with HDMI and the fastest processor possible which was the i7, so I found the HP Envy 14, 2002EA very appealing.

 

The sales guy asked me " So why the fastest processer, what you going to be doing on it?" so i expalined its for work and I dont like a slow laptop, " ah right, so business use?" to which I replied "Yes" so instead of the Club insurance I got the Premier Insurance at £14.00 a month, the reason? well if your laptop goes away for repair you will get a loan! That was the selling point of the "Premier"

 

Laptop worked nicely, until May 2012 when it gave off a horrible burning smell, went in for repair to be picked up Saturday, "we dont have any loan but can put you on the waiting list.." Is what I got when I mentioned. Needless to say I did not receive a loan and the laptop was away for 8 working days rather than the 5 promised.

 

Laptop came back repaired worked for 20 mins and burnt out again, so again no loan to give to you sorry sir, will put you on the waiting list, by the end of the week I had not heard back so I went and bought a new laptop as I needed one.

 

Eventually they wrote off the HP Envy, gave me the voucher code popped into the store and they had matched the specification and offered me another HP, which turned out to be an i5, priced at 499.99. You can imagine my reaction to that!!

 

I questioned this as mine was an i7, anyhow alot of time later and many phone calls it transpired that the INTERNAL PCWORLD website had the incorrect specs so they corrected their mistake and offered me the cheapest i7 priced at 799.99. It was a Toshiba it looked nice so I took it, however the speakers popped on this machine so I have just returned it today.

 

After thinking it over and using the not so good toshiba I started to feel extremely angry so glad I was able to return that however now I have 799.99 on a gift card I am out of pocket by 1100-799.99= 299.00

 

and also the 10 insurance payments of 14/month =£140

 

Now since HP provide a years manufacture warranty, why should the customer have to loose out on a 1/4 of the laptops value? I feel very very angry now considering I have 7 warranty/insurance agreements with them.

 

again I will be looking to possibly cancel all of them if i do not get anywhere, so far the Staines manager has offered to ring up head office and see if they can up the voucher, my local Slough store were not even willing to do this. Again no promises.

 

If the store can not get anywhere, where do I go next?

 

Thanks for reading and apologies for any grammar, spelling its late and I am not happy

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wy buy any extra warranty / insurance

 

WASTE of MONEY

 

SOGA covers everything and MORE for FREE!!

 

pers i'd reclaim the usless insurance.

 

as for the LOSS of what you paid as to what they are offering.

 

its spec for spec, not a monetary comparison sadly.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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to be honest I dont have the time, I have it for the ease of it and since the kids use a few of them they do tend to go wrong after year 1... hence the insurnce.

 

anyways definitely going to be cancelling it tomorrow, EVERY POLICY!

 

Please elaborate on the " reclaim the useless insurance"? how they state that the laptop was written off by our insurers, so basically I invoked the claim etc so i used it

 

and when you say spec for spec, do you mean the main core specs or down to the nitty gritty as my main reason was the backlit keyboard as i type alot in the dark, now at 799.99 no laptop has that spec

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the laptop went wrong, under soga it should be repaired or replaced or refunded.

certain 'rules' apply

 

but soga invalidates the need for most extra insurances/warranties.

 

as for any warranty, that is on top of your statutory rights under soga

 

the only need for insurance is that of the commission the salesman/company get

from selling it.

 

there was no need to envoke the insurance as it should be all done under soga.

 

for free

 

i'd specifically ask 'what' benefit the insurance is to you, when it's obv a clear soga case

 

as for reclaiming it

 

well thats another matter, but the insurance iis obvnot needed

in this case and in all intents is useless bar lining their pockets

 

you might have to swallow the fact of no illuminated keyboard

unlesss you identify a second hand model and demand cash to buy it.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Brilliant that I have clearly understood and have fired off an email to their CEO, will update once I hear back. Thanks DX

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id argue the case over the backlit keyboard theres a few models that have it i beleave and i would argue its part of the features of the model

Edited by labrat
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Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I agree with Labrat, If you are making an insurance claim, tell them the back-lit keyboard was a required feature, and as such you require that on the replacement. Insurance companies use the "like for like replacement" to give cheaper computers as time goes on, so you use it to get the best you can :).

 

Insurance is only good in case of an accident, so if you wanted that cover I find it cheaper to get my laptop adding to my home contents insurance. Other than that it sands like your troubles were a SOGA issue anyway, and if you didn't have insurance these faults should have been repaired (unless it was misuse by your kids)


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

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You are of course correct, misuse is the wrong word.


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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