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    • Good morning.    I would like some advice please.    I recently (19th nov) bought a Samsung Galaxy S20+ from currys. I did open and set up the phone to try it out but 1) wasn’t keen on it and 2) had trouble with the usb connection when trying to connect with my car stereo.   I decided that I would seek to return it, but only on trying to return it came across the stipulation that if data/software has been installed then a refund would not be issued and after calling was told this was due to GDPR. I did point out to them that phone providers will issue full refunds even if the phone has been set-up and also that in order to be able to test the phone it requires setting up and software/data being installed but was told that it’s their policy.   I acknowledge that I may have handled it more than is reasonable in a shop as you wouldn’t be able to install software in a store, however the phone did need to be set up in order to test it, the phone has been returned back to factory settings and didn’t leave a case or the plastic film for the two days I used it for. Therefore I do not believe it was handled more than necessary.   Having looked at the CCR and CRA I called back to state that their store policy is super erred by the previously mentioned regulations and that their policy contradicts the Consumer Regulations Act.   As you cannot properly test the phone without having to install software on it, their policy creates an unfair term which I told the customer service agent over the phone who spoke to her manager and told me to contact their legal department.   I am still within the 14 day notice of return period so wish to try and preferable use this route.   Any advice at all please?
    • Here is all the details (hopefully) in one post.   The Ford Kuga was purchased from Fast Motor Finance LTD Crawley on 8th September 20 Mileage at purchase was 109520 through HP fiancé via Advance Finance Grimsby   The car was covered by a 6 month warranty that includes engine & gearbox but excludes clutches, flywheels or any wear & tear (Taken from the garages website)    Service History:   08-04-2013 Pre-delivery Inspection 26-11-2013 12809 Service (no paperwork just stamped book) 09-07-2014 25963 Service (no paperwork just stamped book) 09-02-2015 36814 Service (first Invoiced service but no paperwork just stamped book). Gearbox service would of probably been done here but can't verify. 16-02-2016 50385 Service  (Full service, paperwork and stamped book) 31-03-2017 64680 Service (Full Service, paperwork & stamped book) 13-02-2018 76988 Service ( Full service with gearbox service, paperwork & book stamp) 29-03-2019 92592 Service (Full service with paperwork & book stamp) 11-02-2020 106322 Service (Basic Service, no paperwork but book stamp)   As there was no paperwork for last service the garage which serviced the car were able to email over that the service was a basic oil & water change and that the gearbox oil and filters was not changed.   At the beginning of November the gearbox started making some noise and was having trouble selecting gear.   The finance company  asked for the car to be taken to a VAT registered garage to find out what the problem was and not to drive it further.   After the garage looked at the car the estimate was for a full service of the gearbox which would be £370 but because it had gone over Ford recommended mileage for the gearbox there would be no guarantee this would clear the problem and that would mean a replacement gearbox would be needed.   Since picking the car up in September the car has driven 1500 miles.   Spoke to the garage as was informed that the car was over 30 days old and there was nothing they could do and the gearbox would not be covered by the warranty as this would be normal wear and tear!   The warranty company said exactly the same and would not entertain us.   After countless calls and emails to Advantage finance a formal complaint was raised and they finally agreed to send one of their mechanics to inspect the car last week 19th November. The mechanics ahs reported back to Advantage that the noise is down to wear and tear and Advantage have closed the complaint and are sending out a deadlock letter that includes a copy of the mechanics report.   Would their mechanic have to be DEKRA registered to complete the report or Advance Finance own mechanic?   This now means that the car cannot be driven is still at the garage and will need a minimum of £370 to make it driveable on a car that has been driven 1500 miles since collection without a guarantee that this will cure the problem.   We are both key workers that need the car to travel to and from work as well as take our son to nursery, and at the moment having to rely of friends and family to help out with lifts.   I have spoken to Ford and they have told me these car need to have the gearbox serviced at around 35k and at a very maximum of 37.5k and have put this on letterheaded paper, I have also emailed a couple of other Ford and independent dealers to get details of this as well.   Would it be worth getting an AA or RAC inspection done to check the gearbox and to see if there is any other problems with the car.   Thanks again to everyone epically dx & Bank fodder who have helped me with advice.   JJ    
    • nothing they can do anyway so..   dx
    • I've successfully had a Claim discontinued using the exact stages recommended by Andy and DX. They are outstanding individuals in the fight against these dreadful DCA's! Good luck.   'L' will likely pull out at the eleventh hour but mean time try to fob you off with bank giro slip copies as Contract proof lol. Stand your ground!   Also my Letter Before Action actually came AFTER the  Money claim. They can't even get the pre-action protocol right.   Another thing they tried was pretending to send papers that looked like they were from the court for me to sign re: Claims Track.. Boxes had been pre-checked by them to dupe me into signing their preferred action. I printed out my own and sent those to the court instead. 
    • Talks about borrowing £30m have reportedly failed, potentially putting 15,000 jobs at risk. View the full article
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Lowell and vanquis issues summons county court help!!!


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In respect of counterclaiming. I was correct, you should have made any counter claim at the time of submitting your defence as a "part 20" claim.

 

If you wish to do this after submitting your defence you will need to make an application to the court for permission - there is a fee for this and also a risk of further costs.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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you can levy Compound int from the date of each PENALTY charges

to the date they settle [ this will be in restitution]

 

In respect of counterclaiming. I was correct, you should have made any counter claim at the time of submitting your defence as a "part 20" claim.

 

If you wish to do this after submitting your defence you will need to make an application to the court for permission - there is a fee for this and also a risk of further costs.

 

 

thanks for this folks your all helping alot.

sorry I havnt been here but its all been a bit of a nightmare.

we have just had a misscarriage and ive had to take my dad for his cancer treatment.

all in all a rubbish sept.

 

So back to the fight. can i just confirm

 

1. yes I can counter claim but I will need to wait for the court to be allocated and then ask which ever judge I get. I understand I will have to pqy

2. Its from the date the charge was levied to the date i submit my papers and then 8% from then on until the court date or they walk away

(Im happy with evryone walking away as this is my last contestable debt)

3. what form do I use for the counterclaim?

 

cheers folks your all a great help at this time

 

Geoff

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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condolences

as i understand you have the aq, but not returned yet? is this small claims, or?

as you didn't do one with your defence looks like you would need the courts permission.

can the aq include request for such permission? otherwise, prob in form such as n244.

in any case, once permission then would need to file particulars of the counterclaim (cpr 20.4)

see post #68

double check

Edited by Ford

IMO

:-):rant:

 

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CISheet v101.xls

 

put their int rate in cell d 15

 

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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condolences

as i understand you have the aq, but not returned yet? is this small claims, or?

as you didn't do one with your defence looks like you would need the courts permission.

can the aq include request for such permission? otherwise, prob in form such as n244.

in any case, once permission then would need to file particulars of the counterclaim (cpr 20.4)

see post #68

double check

 

i have returned the AQ as it had to be in by the 16th.

It is the small claims track.

 

the defence is that I have had an account with vanquis but they wont send me any paperwork to prove that the account has a CCA , or a default notice etc..

. They havent sent anything.

It is now awaiting allocation to the local court.

 

However I have now had a chance to go through all the paperwork sent and have found a number of late payment etc charges and these have been put in the CI calculator.

if they apply upto the date that vanquis sold the account it comes to about £700.

 

If they apply upto the date of settlement, for instance the begining of my claim being lodeged it comes to £2600 .

 

The balance being sought by lowells is £2400.

 

Now bearing in mind there was no paperwork prior to defence having to be submitted

I am hoping I can apply to the judge, when it is allocated one, to counter claim now that the account info has been supplied.

 

im not bothered about getting ny excess money out of vanquis or lowells I just would be happy with them walking away.

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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ok. they prob won't have an actual copy of your dn (even if one was actually sent), but they would ordinarily need to show on balance that one was sent, and was compliant. though without any proof to the contrary it may be difficult to rebut compliance assuming j accepts one was sent. does the sar info come up with their comms logs re things in/out?

as for original agreement paperwork, maybe they don't have any, which could be also one reason for their non reply to your cpr request (it being small claims could be another).

check with andyorch etc re doing your counter claim etc.

Edited by Ford

IMO

:-):rant:

 

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just to add, you mention poss having to amend defence as well. afaik, this can be done with the consent of the claimant if they agree, and if they don't consent then with the courts permission. cpr 17. nb poss costs consequences may ensue.

IMO

:-):rant:

 

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  • 1 month later...

Hi, ok some important questions and some help please. It all went quiet for a while after I was told it was being sent to my local court. I havn't filed a counter claim yet as I was told by the bulk court to do nothing until I heard from my local court. That was about a month ago. Anyway today a lot of papers arrive from the Chelmsford county court. they state that the hearing will be on the 19th december at the small claims court. Right the thing i need help with is the following. 1.What form do I use to send to the court for a counter claim and if claiming for compound interest am I claiming for restitution? 2.If so any idea where I could find particulars of cliam for that. they are just penaltycharges (late payment etc) pretty standard and I have done the CI sheet. 3. I take it i agree to mediation? But also I would like to get the counterclaim in before that starts as it will give me a bit more leverage 4.What documents do I have to send them? All I have is the SAR they sent me and the original letters asking for the account to be suspended due to finincial hardship (wife lost job) all ignored. Then the CCA request then the debt not acknowledged letter. All pretty much ignored. only one answered was the CCa request with aphotocopy ot t&c's. 5.Can I ask for disclosure order from the judge as they still havnt sent a CCA even with the SAR request and I still have never seen one. If so what form do I use? Please help as the deadline is now approaching Geoff

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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ok Im going to go the n whatever it is asking for disclosure and ppermission to counter claim.

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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Defendant is asking the court to make an order for the following.

 

The defendant seeks the disclosure and the production of a verified and legible copy of each of the following documents mentioned in the Particulars of Claim:

 

1: the original signed credit agreement as regulated by the Consumer Credit Act 1974. If the document relied on is a document bearing an electronic signature then the defendant requests that there is verifiable proof that this document is linked to the defendant and contains all of the prescribed terms.

 

2: the document assignment showing the claimant has a right to enforce this agreement

 

3: statement of account or statements showing how the amount being claimed has accrued. This statement should include any default/penalty payments.

 

4: default notice The Claimant was asked by letter (recorded delivery) on the 16th June 2013 for copies of this document in order that the claimant could file a defence. They refused to provide copies of these documents. It is impossible for the defendant to mount any comprehensive defence unless these documents are made available for inspection. The Claimants Particulars of claim are vague and give no details regarding these documents, how or where they were signed, the contents or indeed if the claimant has any right to enforce any alleged debt.

 

The defendant maintains that without the ability to mount a comprehensive defence then the interests of justice are not being served and requests that if these documents are not supplied within 28 days this action is without merit and the claimants case should be struck out. The defendant also requests that the court allow the defendant a stay of 28 days in order to file a counter claim against the defendant. The reasons for this are as follows; The Claimant brought this case against the defendant and supplied no supporting documentation before filing their claim.

 

The defendant was compelled to acknowledge the service within strict time limits and file a defence with only vague and limited information. In the meantime the defendant made a Subject Access Request under the Data Protection Act in order to obtain details of this account. This request took approximately 28 days to arrive. After that time the defendant has had time to study the account details and now believes that the Claimant has levied unjust penalty charges on the account and charged a rate of compound interest at 29%.

 

The defendant maintains that this constitutes unjust enrichment by the claimant and wishes to claim these monies back from the claimant. The amount of money the defendant wishes to claim is £2500 which is more than being claimed by the claimant.

 

It is requested that the court orders a stay of 28 days in order that the claimant may be compelled to disclose the above documents and that the defendant be allowed to file a counter claim against the Claimant.

Edited by citizenB
formatting

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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Point 4 - the default notice - was this requested by "letter" or by way of CPR31.14 ?

 

Aside from which, it is most unlikely you would receive a copy as these are templates with the account holder's details inserted.

 

They could provide a "sample", but that would not prove there was any incorrect information or non compliance with the mandatory/statutory requirements.

 

The best they could do, I would think, would be to provide evidence by way of their communication logs that one was printed / sent.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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finlander, we are not quite sure what you are asking of us. Are you wanting to submit an application to force the opposition to disclose documents to you ?

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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sorry prob not being clear.

 

The default notice was requested as part of the disclousre and so was the credit agreement.

 

Nothing has been sent .

 

No reply

 

What Im trying to do is avoid being ambushed by being sent all these documents as part of the claimants bundle 14 days before court.

 

Im trying to get the judge to say give him the docs now and give him time to study them.

 

I am hoping to get some disclosure before hand as at the moment they have disclosed nothing.

 

That makes defending very difficult.

 

Also I want to ask the judge for permission to counter claim.

 

I couldnt earlier because I didnt have the account information until recently.

 

When I spoke to MCOL they said wait until a judge is allocated then ask him.

 

What I need to know is how to ask him?

 

Geoff

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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.........

Also I want to ask the judge for permission to counter claim.

 

I couldnt earlier because I didnt have the account information until recently.

 

When I spoke to MCOL they said wait until a judge is allocated then ask him.

 

What I need to know is how to ask him?

 

Geoff

 

 

see civil procedure rule part 20.4 etc and associated Practice Direction 20 para 1.1, 1.2, 2.1 etc ie if permission is required then via an 'application notice' including the (now) 'additional claim'?

IMO

:-):rant:

 

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