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    • I still wish we could see exactly what you had claimed. I'd like to get much more detailed account of the conversation between you and the mediator. I'm a bit surprised that Hermes rejected the situation for something of such low value and am sorry to say it may be something to do with the way that you put across your points – or maybe the arguments that you focused on. I think it will be worthwhile understanding as much as possible, what your claim was about and what went wrong so that we can address those matters when it gets to court. Don't forget that there is still a chance that they may settle before the hearing. If it goes to the hearing then we need to make sure that you are as fully equipped as possible to make your arguments to the court in a convincing way so that you come out having established important principles against Hermes. They have a lot to lose
    • I've been reflecting on this and it seems to me that although it is probably in your interests to leave the car with him, you should retain ownership and not relinquish it until the matter is settled. I don't think there is any conflict between rejecting the car contractually on one hand and retaining the ownership until the matter is settled. By retaining ownership, if there happens to be any move to bankruptcy or something, then you can still assert your ownership of the vehicle. If there was any attempt to dispose of the vehicle without settling your refund first then I think you could legitimately report it to the police are stolen. Goods which are stolen remain stolen even if they are sold on. That means that if the car is sold to somebody and it is yours, then it remains yours and you remain stolen and the purchaser of the car would have purchased stolen property and they will then have to address the problem with the seller – and not with you. If you're able to take photographs of the car then I suggest that you do to make sure that it is in good condition – and you if you are able to keep an eye on it at all then you should do and photograph it from time to time. I think it would be also worthwhile sending the garage a letter saying that you are rejecting the vehicle that you are retaining title to it until they have settled the refund and that it is on their forecourt and as such they are responsible for its safekeeping. Send this letter by recorded delivery, of course.
    • ...Just found this https://find-and-update.company-information.service.gov.uk/company/06034544   I can write to their CEO at their registered office. Not sure if I need to send the letter to both, but figure why not.    
    • No, though I did get a call back just this morning (from someone I'd not spoken to before at Crystal) and I now have the name of their CEO and confirmed I can write to him at the address I ordered from. Good idea though. Provisional letter below (names replaced), minor adjustments may be made following the legal advice:-   Dear CEO,   Reference: I am claiming a full refund on the glazing for my recent window order under my short term right to reject under the Consumer Rights Act 2015.   As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. I have summarised the facts of the case below:-   On 04/10/20 I sent a signed PDF order across to yyyy yyyy. On the 09/10/20 I received an e-mail from xxxx with an order acknowledgement asking for my address so that she could book the order in. I replied the same day with my address and saying please note my order is not the one you've attached, it's the one I've digitally signed and amended to include additional notes, full glazing specification and details of the thermal frame reinforcement, and I attached another copy of this signed order to my reply. On 19/10/20 I sent an e-mail specifically asking for confirmation the glazing spec would be as per the signed quote, and received a reply from xxxx stating ‘I converted the quote you signed off into an order so, whatever is on the quote paperwork that you signed is exactly what has been ordered.’ On 05/11/20 I took delivery of the windows at my home address, and shortly thereafter queried the glazing specification as it did not seem to tally with what I ordered. I received an e-mail from aaaa (head of customer services) on 10/11/20 confirming that yes they had unfortunately ordered the incorrect glass for me. A later e-mail dated 12/11/20 forwarded by aaaa to myself from bbbb bbbb (senior estimator) at Custom Glass, gave full details of the glazing specification sent and that actually requested. I received glazing using ‘Thermaglas’ with the unit having a U value of 0.682 vs what was actually requested, ‘Therma One’ with a U value of 0.590 (better insulation performance). Repeated requests for a refund on the glazing only have been met with refusal citing your terms and conditions and stating you will only reorder the glass. I would point out that this variation of specification was not by prior agreement, and hence I am not bound to pay for it under your own terms and conditions (2.3 No variation to the Contract shall be binding unless agreed in writing by authorised representatives of the parties). Additionally as the item has not been made to my specifications clause 3.5 is negated (3.5 Cancellation - All Crystal products are ‘made to measure’ This means that where goods have been manufactured ‘made to measure’ due a customer’s specifications, they will become non-returnable and non-refundable.’ Furthermore, term 3.5 is not even included in the terms and conditions listed on my invoice number 345198, it is only on the website, and hence I cannot be bound by it anyway.   Due to the difference in specification the sealed units are not fit for purpose and are not as described.   From you I am claiming a full refund of £1190.93 under my short term right to reject under the Consumer Rights Act 2015.   I have calculated this sum based on the total amount paid for the Windows (£1813.14) less the total cost of the frames (£622.21).   Listed below are the documents on which I intend to rely in my claim against you: * 4-14-4-14-4 Thermaglas One.pdf * 4-14-4-14-4 Thermaglas * Signed crystal quote 041020.pdf * Copies of relevant e-mails, for dates see the above summary * Invoice number 345198   I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.  I would invite you to put forward any proposals in this regard.    In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.  I look forward to hearing from you within the next 14 days.   Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.   Yours faithfully,    me
    • The finasl part of that Lewes Judgment regarding the Unicorn Feed tax, is worth slipping in somewhere about the addition of any "Admin" or other DCA fees to a claim is abuse of process, as only the driver can be sued for such .
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Hello,

 

I have a county court claim form (scan of front page attached) filed by Drydensfairfax with Arrow Global Guernsey Limited as the claimant. The claim is for £10,478.26 + costs + fee = £10,768.26. This is for the MBNA credit card which I originally asked for assistance concerning in Feb 2011 (see posthttp://www.consumeractiongroup.co.uk/forum/showthread.php?293514-MBNA-Allied-International-Credit&highlight= - that was with AIG and I never received a response to the SAR request at that time. I wasn't aware that the debt had been transferred to Arrow Global since. I have received some letters from Drydensfairfax but ignored them, probably should have dealt with it then.

 

The claim was issued on the 16th October. I filed an acknowledgment and intention to defend the full claim on the 2nd November. I have today (12th) sent off the CPR31.14 request, also attached - recorded delivery. This was taken from the consumer wiki /index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

 

The question I have, which I'm not quite sure on the answer to despite having read as much as I can on this excellent forum, is what should I do about the 28-day deadline to file a defence which falls due on the 18th. Well, for a start the 18th is a Sunday, so will the deadline be on the Friday 16th or Monday 19th? Shall I file a defence like the one put together by "southernjessy" on /forum/showthread.php?366533-Bryan-Carter-Arrow-Global-County-Court-Claim&p=3993765&viewfull=1#post3993765 ? Is there anything I should do or need to know about?

 

I did NOT take out PPI on this card, I know that for a fact. There were quite a lot of charges applied, however, but I don't know the full value - I can possible find out if I still have old statements. Is that worth doing?

 

Very much appreciate and replies, advice and pointers. And once again, thanks to everyone involved in this forum - it's been invaluable to me at various points over the past few years!

 

Stewart

 

Original thread http://www.consumeractiongroup.co.uk/forum/showthread.php?293514-MBNA-Allied-International-Credit&highlight=

Edited by Andyorch
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I have unapproved your attachments personal information still showing (Claim number/account number/username on summons).

 

Please remove and repost.

 

Regards

 

Andy

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Many thanks for your repost Stewart.

 

Ok in the absence of disclosure/compliance with your CPR 31.14 you could have also requested an extension within the CPR request (CPR15.5).Otherwise a defence must be submitted on time to avoid a judgment by default.

 

 

:-

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15

 

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy,

 

Thanks for the feedback.

 

I'd already posted the CPR 13.14. Shall I write another letter and send it tomorrow - "in line with my previous correspondance..."? Do you know of a template to use for this?

 

Stewart

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A phone call would suffice to the Solicitor, as long as you request written conformation, which you would then forward to Northampton.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks Andy,

 

I'm just waiting for confirmation of delivery from the post office which should be today. Once that happens, I'll call DF and ask them for a 28-day extension to allow them to comply with the CPR request. What happens if they refuse it - do I tell the court and ask their advice?

 

Stewart

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They cant really refuse its part of the process and CPR...but if they do its another nail in the coffin.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hello,

 

Wanted to share this update for the records.

 

I posted the CPR31.14 request to DF on the 12th using recorded delivery, which was confirmed as signed for on the 15th. Today I phoned and spoke with DF and they agreed to hold the case for 7-days until they are able to confirm receipt of the request as they have just moved offices and are in disarray. They have told me that they will write to me confirming receipt and hold the case until they are able to provide me the documentation and when they are able to to do so, will give me 14-days to respond and file a defence if I want to. All good so far.

 

I phoned the court to check what I need to do to ensure that this happens. I have been told by the court that unless I file a defence by 4pm on Monday 19th should DF apply for judgement, they would be awarded it. I asked about CPR15.5 where it says "Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing" and was told I could do that but that it wouldn't stop a judgement without a defence!! WTF?

 

Complicating matters further, the court are about 1 week behind in their paperwork, so even if I do write to them today then they won't process it until after the 7-days have expired.

 

I plan to write to the court as per 15.1 and post it recorded delivery. I think it's probably a good idea also to write to DF confirming our conversation and the 7-day hold and then extended hold until they can fulfil the 13.14 and post that recorded as well. Does that make sense? Any advice very much welcomed.

 

Stewart

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Just make sure you file an embarrased defence by tomorrow otherwise they will have judgement against you

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hello,

 

I have received the attached letter from DF stating that they "...will not take further action whilst we await these documents." (the CPR31.14 request). Do I still need to file an embarrased defence with the court in this case?

 

Stewart

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I would still file a defence.

 

Under CPR 15.5, the extension has to be agreed for a specific timeframe up to 28 days. This looks vague.

 

Have a read of the early pages of my mbna/arrow thread where I had to do CPR15.5 requests.

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Thanks for the advice MrHat and creditcardmug. I have just now filed (online) the following defence. More updates as events warrant it. :)

 

---

The Defendant neither denies nor admits to any indebtedness to the

claimant.

 

The Defendant sent the claimant a CPR31.14 request for the

original signed Agreement, Default Notice and Notice of Assignment

relied upon in the Particulars of the Claim.

 

The claimant received the CPR31.14 request on the 15th November by

recorded delivery and has confirmed receipt of the same in writing

on 16th November stating that 'We confirm receipt of your request

for documents and have now submitted a request for these documents

to our client. The matter has now been placed on hold and we will

not take further action whilst we await these documents. Upon

receipt of these documents, we will forward them to you and allow

you 14 days to consider them and respond.'

As of the 19th November, the claimant has not supplied the

requested documents, which were requested in the CPR31.14,

including the Notice of Assignment, which would prove the

Claimant's right to bring this action.

 

The conduct of the claimant is denying the Defendant the right to

submit a full defence and as the action stands at the present

time, the Defendant is somewhat confused and unsure as to exactly

what the claimant's claim is for, the Defendant is unable to file

a full defence as a direct result of the claimants negative

Pre-Action Conduct.

 

The Defendant respectfully requests that the Court stay (Suspend)

the proceedings under Practice Direction 4.6 (1) until the

claimant complies with the defendants CPR31.14 request. The

defendant respectfully requests that the court impose a time scale

of seven (7) days upon the claimant to comply with the defendant's

rightful entitlement to inspect the documents that the claimant's

claim is to rely on, and that should the claimant fail to comply

with the court's order, then the defendant respectfully requests

that upon notification by the defendant to the court of the

claimant's further failure to comply with the Practice Direction

sanctions imposed by the court, that the court makes the motion to

strike out the claimant's claim on the grounds that the claimant

is unable to substantiate the claim.

 

The Defendant also makes a respectful request to the court for the

court's consideration, to permit the defendant to submit an

amended defence if the claimant supplies the requested documents

mentioned.

---

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Hi there - I have exactly the same issue - with a defence that needs to be filed today - for an MBNA debt that I don't believe I owe. It's from 2009 when I lived at a previous address, and I know it was settled. I haven't written to Dryden's Fairfax requesting anything as The Blue Hand has (personal family issues taking up my time, although I did acknowledge service to buy me time). Do you think I can send the letter to DF today, and enter a similar defence and hope that I get the chance to defend? Or should I just defend, deny I owe the money and request that the court ask DF to provide the documents?

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