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    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
    • im being an idiiot, its late, ive corrected those dates and will submit tomorrow unless someone states otherwise
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Bryan Carter/Lowell/Shop Direct court claim***Claim Discontinued***


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Hello all Im not new but still a newbie lol,

 

 

I have had a court claim sent from Bryan carter to which I tried to sort it out myself without posting....big mistake :sad:.

 

 

I sent a CPR18 but by looking though some other posts it seems I have sent the wrong thing. :|

 

I have had a reply for the CPR 18 from Bryan carter which I have attached a scanned copy to this post.

 

 

Please can someone help, I don't like owing money and this account was originally for £200 which I had offered to pay shop direct but they refused,

didn't do this in writing though(another mistake I expect)

 

 

I had tried to keep up the payments but once the 1st lot of charges went on,

which I think was late payment charge of £25 + account in arrears charge another £25

and by then the next monthly payment I just couldn't afford it.

 

I asked the catalogue then if they could help by at least dropping 1 of the charges which they said wasn't possible

so now I owe £725.60!

 

 

I know I never did send back the signed credit agreement and at the time my husband who is self employed had no work

and was on JSA and we had 3 young kids. T

 

 

his was about 4 and a half years ago and have spoken to the DCA's

and bryan carter about paying the original £200 but they wouldn't accept my offer.

 

I have done the acknowledgment of service online and have until the 19th of December.

I don't know if anyone will be able to help, after having to unplug my landline because of 10+ calls a day

if I can I don't want to have to pay bryan carter a penny.

 

Sorry for the long post I hope someone can help me.

Edited by Andyorch
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Hi Linzi

 

You need to convert your upload to PDF...Jpg is far too small to decipher.

 

Regards

 

Andy

We could do with some help from you.

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Thanks for replying so quickly. Sorry, I went into this without asking someone for help first, so I have no idea what the POC is? If it's what is written on the court forms these are:

 

This claim is for 444.79 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

This debt was assigned to/purchased by Lowell Portfolio I LTD on 30/06/2009 and noticed served pursuant to the law of property act 1925

 

Particulars

Re:Shop Direct

A/C No ********

and the claimant claims 444.79

The claimant also claims interest pursuant to S69 County Court Act 1984 from 30/06/2009 to date at 8% per annum amounting to 155.81

 

 

I have no idea what the charges are for they have added £155.81 for their interest plus the £55 court fee and £70 solicitor's costs. I have no statements because its been nearly 4 and a half years so I have no clue and no evidence. From what they said in their letter it seems they want me to provide all the evidence for the case they have started against me?? surely it should be the other way around? Like I said, I went into this blind and think It is now going to be too late to fight it :-(

Edited by Andyorch
Points hi lighted for CPR 31.14 ref
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Well they wont have a clue either...that's why you must defend all and make them work/accountable for the claim.

 

 

Andy

We could do with some help from you.

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Thanks andyorch, but what do I do now? I have no clue what to do, from their letter is seems like I haven't got a leg to stand on. I am also running out of time I only have until the 19th of December to do something. I don't even know what I need to by the 19th lol, is it file a defence? :| I did look through lots of posts to see if I could do it without having to bother anyone, but I am still completely stumped.

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Thanks for replying so quickly. Sorry, I went into this without asking someone for help first, so I have no idea what the POC is? If it's what is written on the court forms these are:

 

This claim is for 444.79 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

This debt was assigned to/purchased by Lowell Portfolio I LTD on 30/06/2009 and noticed served pursuant to the law of property act 1925

 

Particulars

Re:Shop Direct

A/C No ********

and the claimant claims 444.79

The claimant also claims interest pursuant to S69 County Court Act 1984 from 30/06/2009 to date at 8% per annum amounting to 155.81

 

 

I have no idea what the charges are for they have added £155.81 for their interest plus the £55 court fee and £70 solicitor's costs. I have no statements because its been nearly 4 and a half years so I have no clue and no evidence. From what they said in their letter it seems they want me to provide all the evidence for the case they have started against me?? surely it should be the other way around? Like I said i went into this blind and think It is now going to be too late to fight it :-(

 

Don't apologise, shows weakness... Lol

 

Whats the date of the claim linzi?

 

Don't worry about the counter at the mo, you could file separately against the oc for any charges at a later date.

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Thanks mike, I will not say sorry again lol I just feel stupid because if I asked someone from the start then I would have had more time to sort it out and I have to keep asking about everything because I thought I could do this by myself, which is proving to be a mistake :oops:

Is the date of claim the issue date? that is the 15th November 2013.

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Ok, issue 15.11, deemed served 20.11. Aos by 4.12 and defence filed by 18.12

 

You have a while yet to file your defence.

 

Could you provide any background... Arrangements to pay etc?

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I make it the 17th Dec for Defence...linzi its a bit late now but above in the Particulars I have hi lighted in red what you should be requesting within your defence and challenging them on.

We could do with some help from you.

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I haven't had any arrangements to pay with Lowell or carter,

 

 

When it was with shop direct I was paying my monthly payments but had 1 month where I had money problems

so ended up with the month owed plus charges and the next months payment due,

 

 

I phoned them and asked them if I could pay the 2 months owed if they dropped the charges

but they said no so that's where the debt started and I am ashamed to say I have just buried my head in the sand and ignored the debt :oops:

 

 

Im sure they have only sent this to court now because there isn't long until its been 6 yrs,

If I knew the original amount I owed minus any of the charges I would have agreed to pay that

but Lowell and Bryan Carter have said they wouldn't have accepted it anyway.

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Yes should have been the CPR 31.14 ...but don't berate yourself he wouldn't have responded anyway but offered an extra 14 days extension and still not respond.

 

 

Simply submit a defence by the 17/12 and put the claimant to strict proof with regards the points I have hi lighted. If you are unsure nudge your thread a few days before.

 

 

Regards

 

 

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

 

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Like I said in my first post...I sent them a CPR 18 and wasted time and £6 for special delivery when it was the wrong thing to do. Arghhhh

 

Don't worry, its a tiny claim in the big scheme of things.

 

You have another week to consider your defence... I'd suggest one of Andy's putting it to proof.

 

In the meantime SAR shop direct and start the process of reclaiming all charges

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Thanks again andyorch, so when do I submit my defence?

 

 

do I leave it until 16th/17th? and what happens when I submit it?

 

 

do they have a chance to ignore my defence?

 

 

and who then decides if they need to provide this evidence?

 

 

If I sent the CPR 31.14 would that now be too late if I sent it tomorrow morning?

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Thanks mike, I didn't realise you could still do that? I thought when the bank charges case went to court it stopped you being able to claim charges on anything, so was that just the banks?

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Oh and I wouldn't have a clue where to start with my defence so any help when the time comes would be really appreciated. Thank you both for all your help with this, I was getting in a panic, why did they have to do this right before xmas :sad:

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Thanks mike, I didn't realise you could still do that? I thought when the bank charges case went to court it stopped you being able to claim charges on anything, so was that just the banks?

 

Claims for charges are always fair game, I wouldn't say the oft case was entirely lost v the banks it just made it more difficult for an individual to satisfy cause.

 

Running credit for mail order and credit cards were not considered in the judgment so they would still (if pressed) be required to show true quantum of loss to avoid being regarded as penury.

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Oh and I wouldn't have a clue where to start with my defence so any help when the time comes would be really appreciated. Thank you both for all your help with this, I was getting in a panic, why did they have to do this right before xmas :sad:

 

Give Andy a nudge during the week, I'm sure he'll post you something suitable. If he's not about bump your thread and I'll find you something. Posting on my phone tonight and haven't worked out copy/paste yet :-/

 

I must admit, I file cases at crimbo too in the expectation that offices will be closed and the toerags have less time to create a substantive defence.

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Ok thanks mike, I will start that off tomorrow im sure that will end up being a long drawn out process lol Do you know when I should submit my defence and if its too late to send a CPR 31.14? Im off to bed now sorry if I dont reply until tomorrow

 

thanks for all your help

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Ok thanks mike, I will start that off tomorrow im sure that will end up being a long drawn out process lol Do you know when I should submit my defence and if its too late to send a CPR 31.14? Im off to bed now sorry if I dont reply until tomorrow

 

thanks for all your help

 

Never too late to request disclosure so send it as soon as you can.

 

I'd be ready to file defence the day before its due just in case your (or its) server bombs out at the last min. I make it the 18th, total of 33 days from issue so have it ready on Tuesday 17th latest. See pd 7e 7.1 & 7.2 for assumed filing times

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e#7.1

 

Shop direct don't like sar's so be prepared to sue it in the future for non compliance (I did)

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Hi I did send the CPR 31.14 to Bryan Carter and had this attached reply yesterday. I have to do my defence tomorrow so I was wondering if anyone can tell me what I need to write in my defence please. I have no idea where to even start.

Thanks

[ATTACH=CONFIG]48250[/ATTACH]

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