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    • Ok well thanks for the help it is appreciate. It’s Car Cash Point. Will press on with the FOS hopefully can salvage something from the situation. 
    • Hi   Sorry did not notice that. Yes I contacted them.immediately after getting their first letter (sent to wrong address) and they advised to send in proof which I did ( and have done  several times). They advised they do not have payment registered and did say the site may not have paid it to them. Is there anything I can do if I have used an unofficial site? 
    • Thanks.  The car was on lease and the leasing co have already grassed me up, so to speak!   I guess it is probably best to wait and see what POPLA have to say and then decide on strategy,  
    • Hang on with the letter till the experts come on, as bits that identify you as the driver definitely need to be changed and writing at all to Parking Lie might not be a good idea at this stage. PE will have sent their letters (IF they sent them) to the address your vehicle is registered with at the DVLA.  With you moving, that could explain the missing correspondence.  Watch out with the DVLA, if you don't update your details and they find out, it's a grand's fine! Yes, get on to the Holiday Inn area manager, and if they are useless, the CEO.  I reckon they will call their dogs off.   Edit - just reading PE's reply to you.  They are an utter disgrace (not a surprise I know).  They reckon you have broken some imaginary contract with them but refuse to give the details and say you have to contact a powerless third party.  Doubt a judge would be very impressed.
    • The later you leave it the more chance you have of receiving the claimants statement...which you can then use as a guide to refute their main points of claim.Drafting a statement in the absence of the claimants really leaves you in no mans land because you are not aware of their main points of claim on which they will rely on...or which you must refute.   Also as previously advised if they dont pay the hearing fee on time and they dont file or serve a statement on you....its a good indication that they do not intend to proceed so all your work has been in vain.   However it is good to be prepared and have a basic statement in case they do pay and do file at the death..leaving you little time to respond and counter.I think a mixture of the two you have already prepared would be the way forward however your point 1 with regards to hearsay evidence wont come into play until you actually receive their statement and if in fact they are relying on hearsay evidence..   Just for information Moriarty do not attend hearings they litigate using and relying on CPR 27.9   Non-attendance of parties at a final hearing 27.9 (1) If a party who does not attend a final hearing– (a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend; (b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and (c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above, the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim. (2) If a claimant does not – (a) attend the hearing; and (b) give the notice referred to in paragraph (1), the court may strike out(GL) the claim. So and if you do receive their statement it must include notice as per above.(CPR 27.9(1) Andy
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very catalogue sent out old/faulty goods and will not receive it back!!

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hi there. this is my first post and i am very worried.

I ordered a set of headphones from Very catalogue recently and when they arrived, they were not in a sealed box as one would expect. When i opened the box everything seemed as it should but when i picked up the headphones they were clearly not right. the extendable ear part would not click into place and they looked flimzy.

I packed them back up and called the catalogue immediately and arranged a return collection straight away.

i thought that was the last of it until i received them back stating that they were old and used headphones and not the ones sent out to me.

i immediately called and explaind exactly what had happened and the young lady on the phone told me to put it in writing, which i did. the letter i wrote explains everything clearly and i have enclosed it on here below.

dear Very

I have received a parcel back today containing headphones that I ordered last month from you.

There was also a covering letter with an incorrect account number on it.

It states that they are ‘used old and not supplied by you’ and you would not be crediting my account and would charge me for return postage.

The words USED AND OLD IN CAPITALS, I am actually glad that you accentuated these words, as this is how I explained them to the girl on the phone when I called to arrange a return!

This is exactly how I received them.

Upon receipt I opened the package and found a box that had no plastic wrapping or security seal at all. The outer box slid off the inner box which then opened and there was a black zipper packet on the right and another compartment on the left, as is the case in the returned item.

I opened the black zipper and inside was a plastic bag with the white headphones inside. I immediately thought that they were very small for the £170 odd pounds that I was paying. I took them out of the packet, which I believe I would have to do to inspect the item that I am buying. I immediately found one problem which was that one of the adjustable sides did not work in the same manner as the other side, by clicking onto place and staying there. They were very flimsy, and I didn’t even bother to open the other side of the box, I was not happy with the product and so I immediately put them back exactly as I found them boxed up and back in a return bag.

I then went onto the web page to arrange a return and found that I could not do this online and I had to call to return this item, which I did immediately.

I spoke to a girl and explained the situation and that I was not happy with the product and that they looked flimsy and faulty. She said that she would arrange the return and that was that. I returned them straight away; as soon as humanly possible, in fact.

I thought that was that until this morning when a neighbour, who took the parcel in yesterday, brought the damn things back to me with the covering, and I might add, offensive letter.

 

If by capitalising the words ‘OLD USED DR DRE BEATS’ and adding that ‘you did not supply this item’ that you are insinuating that I have had any part in removing, replacing, stealing, in fact, your headphones, then I hope you have strong evidence to support this accusation. I am grossly offended by any such insinuation and deny categorically, any interference with the headphones other than already stated previously in this letter. In fact I had never seen, in the flesh, as it were, a pair of these headphones before I took delivery of yours. There was no security seal, no outer packaging (as the young lady asked me this morning when I phoned her about the sticker on the side of the box that was ticked, ‘broken seal’)

I returned them exactly as I found them. One would have to open a package to inspect goods when buying from a catalogue, as I have been doing for years and have never had a problem before.

I behaved exactly as I was supposed to, and returned them as soon as humanly possible.

I urge you to sort out this as a matter of urgency and credit my account as soon as possible. If you do not, then I will have no choice than to take further action against your company.

Regards

 

Again, i thought that would be it until this morning i have received another letter stating that

 

'Unfortunately, as explained in our previous letter, we cannot accept these goods back. it is for that reason that you are required to pay for the goods and any applicable charges. if you wish to have this item returned to you please call and arrange for this and a charge will be made for this of £3.95. we will hold the item for 6 weeks and dispose of them if no contact made and no refund given.'

 

can anyone please help me as these headphones are £170.00 i am not going to pay for something that is not right. i dealt with the situation immediately and as one should.

where do i stand please? any help very much appreciated

regards

angi

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How did you pay for it ?


I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.

I now have experience with Securitas Security Services (UK) Limited and won in court against them 01/2018

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How did you pay for it ?

It's on credit . I haven't paid for it.

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How did you pay for it ?

Its on credit. Terms are 20 weeks

Regards

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Its on credit. Terms are 20 weeks

Regards

 

Hi there

Did you have any ideas on my problem with very home shopping?

I'm getting very worried

Kind regards

Angi

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I would write to them again, sending the letter by recorded delivery and head it "notice before action".

restate the points you have already made and terll them they were returned under the Sale of Goods Act. Point out that they were returned as not of merchantable quality and unfit for purpose under the SoGA. Also remind them that under the Distance Selling regulations you dont actually have to give a reason for their return and any charge for the item will result in you taking them to court under the SoGA to recover your losses. As for their charges tell them that they are unlawful but irrelevant as they are not your goods but theirs. Tell them that courts dont take kindly to accusations of fraud unless they can be proven and you await an apology for this unfounded slur on your character.

Tell them they have 14 days to respond and if you dont get a satisfactory response then come back here and you will receive advice on how to use the small claims procedure to recover your money. I hope someone at Very has the sense to pass this up the chain and you wont be charged but if you do open a dispute with the charge and take them to court without worrying about what they say.

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