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    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
    • Is there a defence against the argument Royal Mail say there is no contract, and they are immune from tort and therefore cannot be sued?    
    • what was the defaulted date? no nothing to do with the court case
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Today's meant to be the day.. But unfortunately it doesn't look that way. I was meant to get a phonecall first thing with a delivery time which I didn't get.

I've waited until now + rang, the girl on the end of the phone said my account didn't say I was having a delivery she said who told you so I said Elaine and the man who took my payment.

Too which I got told 1 minute let me see what I can do she put me on hold that was 32 minutes ago! Still on hold waiting.

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Surprise surprise its not coming today now- Monday. After giving them he'll on the phone does anyone no how I can contact TS, financial ombudsman and who ever else I need?

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Monday ! Monday is a bank holiday !!

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I no,

they are truly ridiculous

I had a manager tell me yesterday i would have it today

 

they were quick enough to take a payment

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Did you get a res ion for the delay did you tell them Monday is a bank holiday

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they said its not been put on the van so i asked why and they said there's no management in we cant tell you so i told them it wasnt good enough i wanted to speak to a manager or supervisor but they wouldn't budge. yes i said Mondays a bank holiday and i got sorry we cant tell you when it will come then.

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It maybe pointless but email to Elaine again just to see what she has to say !

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Ive emailed her but they said shes not in the office today so i doubt she will get it

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I had a feeling this was going to happen.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Well I have just this minute had a phone call. I have been on the cases all day and they are bringing me a tv, which isnt mine, just to pull me over till wednesday when its delivered. Im not happy with this and have told them and i am still contacting trading standards, Ive got my mum structuring a letter as shes really good with this kind of thing :)

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Just had a phone call of Elaine and I think it might be sorted, I am having a replacement TV brought to me tonight until wednesday and I am having 1 month credited onto my account!

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and what about getting those useless insurances back

 

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I have asked about them and after being told it was compulsory i did a bit of research online (thanks to you pointing me in the right direction) it is useless and not needed so i have my HP agreement and im going down to CAB to see how i can get them off :) xx

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