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    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. 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.     2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore 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 how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974     11. 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.
    • Thank you for the reassurance I will pop back on tomorrow and let you know how it went.
    • Just like is said in BN's link regarding total lack of oversight or proper challenge   "To put this in context, £12bn is more than the entire general practice budget. The total NHS capital spending budget for buildings and equipment is just £7bn. To provide all the children in need with free meals during school holidays between now and next summer term, which the government has dismissed as too expensive, is likely to cost about £120m: in other words, just 1% of the test and trace budget."   Says it all doesn't it Serco and co given more than the entire NHS capital spending budget to ... fail, miserably   penalties for that - more of the same money for more of the same failures.
    • Yes, you should explain your issues. If you read other threads here, ladies who have spoken to HMRC on the phone have found them understanding.   Just be yourself and tell it like it is.   And please come back and tell us how you got on.   HB
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi all,

 

I have a problem with Tesco Opticians regarding a purchase that I made a couple of months ago for prescription sunglasses. As you may be aware, Tesco do not make the lenses for their glasses on site, instead having them sent from an off-site location.

 

When I ordered my BOGOF prescription sunglasses, I specifically and directly said to the assistant that I wanted normal tints in one set, and reactions lenses in the second pair. Having gone through the details and paid for this order, I went away looking forward to receiving my two pairs of sunglasses. However, when I received them I was unhappy to find that one pair had been sent without tints as requested.

 

When I mentioned this, the assistant shoved the paperwork in my face that apparently proved that I did not ask for tints, because I had signed it. However, had I known that I wouldn't be getting what I requested, I told them that I would not have signed anything until I received the goods. At this point I was effectively told it was tough, and I wouldn't be getting a refund. I asked to speak to the manager, and was told she wasn't available and she would call me the same day. No phone call.

 

A week later I received a scruffy letter from the outlet manager, not even on letter headed paper, not even formatted correctly and couldn't even get my name correct, basically saying the same thing and refusing a refund.

 

I then made a complaint to Tesco Optician head office, and once again received no phone call as I requested - a month later, I received another letter, this time from their head office once again saying the same thing - that because I had signed some form this proved that I had agreed to what I was expecting to receive irrespective of what actually arrived.

 

My question is this - under the Sale Of Goods Act, do I have any basis for a refund owing to receiving goods not as I expected when I ordered them? Can distance selling regulations be used given that the sunglasses were being made off-site, even if I ordered them in-store?

 

The lack of any positive action from Tesco Opticians has been extremely frustrating, and I am basically left feeling like it is my fault that I did not get what I wanted.

 

Finally, anyone else wanting to use Tesco Opticians, I would advise them not to do so - if you do, do not sign anything that does not have a legal contract aspect, and do not pay for your goods until you receive them.

 

Thanks for any help you can give!

 

Ste

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Hi chizzleface

 

Speak to your Card provider, ask to do a Chargeback, explain that the chargeable product 'is not as described'.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

This is easily corrected by Tesco, but stubbornness won't allow them to sort it out.

 

Debit card, so Section 75 can't help me :(
Edited by rebel11
Advise might be misleading - Need to see the signed form
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Hi chizzleface

 

Speak to your Card provider, ask to do a Chargeback, explain that the chargeable product 'is not as described'.

 

 

This is easily corrected by Tesco, but stubbornness won't allow them to sort it out.

 

Brilliant, thanks - I'll give it a go and let you know how it goes on! :D

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And who says 'that the chargeable product 'is not as described'.' They were probably accurately described on the order, which the OP signed.

 

The distance selling angle is clutching at straws as well, because the product is made offsite! I don't know any Tesco stores that manufacture anything in store. Everything is made somewhere else!!!!!

 

Wow

 

H

42 years at the pointy end of the motor trade. :eek:

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Tesco do manufacture in-store if you think about it - bread.

 

'Chargeable as opposed to BOGOF'

 

And who says 'that the chargeable product 'is not as described'.' They were probably accurately described on the order, which the OP signed.

 

The distance selling angle is clutching at straws as well, because the product is made offsite! I don't know any Tesco stores that manufacture anything in store. Everything is made somewhere else!!!!!

 

Wow

 

H

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Tesco don't manufacture bread in Store, they bake it from ready-made dough packs, delivered daily.

 

If it wasn't for the marketing people keeping the the 'bakeries' open they would all be closed now. The newly baked bread smell makes customers happy so they buy more.

 

H

42 years at the pointy end of the motor trade. :eek:

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http://www.telegraph.co.uk/foodanddrink/7901850/Tesco-fresh-bread-advert-banned-for-misleading-viewers.html

 

Tesco don't manufacture bread in Store, they bake it from ready-made dough packs, delivered daily.

 

If it wasn't for the marketing people keeping the the 'bakeries' open they would all be closed now. The newly baked bread smell makes customers happy so they buy more.

 

H

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