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    • I think you misunderstood what I’ve written.    the cooker door was going to be replaced and we were happy wit that. Hotpoint decided not to do this and changed the cooker with what we were told was exactly the same. No changes.    if you google HUD61PS not a real fan oven you will see lots of other customers with the same issues. The oven does not cook correctly !  someone please tell me what cooking instructions we follow ? Fan oven or conventional? This oven is neither ....    we only accepted their ‘gesture of goodwill’ because we were told it was exactly the same. This is substantially different and not a genuine fan oven 
    • Thank you for your replies I really do appreciate your time.  Can I just double check (tired emotional female here not taking everything in properly at moment), the best thing to do is contact tax credits myself on Monday, rather than wait for them to contact me?  And do I tell them on the phone there's been a large overpayment.... Do I need to ask about repaying yet or do I wait?  Sorry, still in a complete panic!! 
    • Well I hope that you request a call recordings is successful – but I'm a bit surprised that you need them because I would have thought that you would by now have read our customer services guide and you would have your own recordings. Just because a company says that it records your calls, doesn't mean that it does – and also it says nothing about the retention policy. They may have a retention policy of only a couple of months or so. There could be other more sinister reasons why they don't give them to you.   So you don't record your calls….  🙄 I'm not quite sure what you're going to sue them for. You had a cooker which you have used since the beginning of 2017 – and that means that you had it for 2 1/2 years and used it successfully before the door broke. They supplied you with a new cooker – which you are not entirely happy with because of the way the thermostat works – and now you are considering suing the supplier for the breaking of the door a few months ago. If I were advising them, I would tell them to offer a cash settlement which included a reduction for 2 1/2 years of use against the full price of a brand-new cooker which you might reasonably expect to last seven or eight years. I think if you had tackled the problem head-on when the door first broke and succeeded in pushing for a replacement door, then you would probably have succeeded – assuming that those doors were still available – but you would still be left with a cooker 2 1/2 years into its expected lifespan. Instead, they supplied you with a new cooker which although work slightly differently, basically means that they have given you a free upgrade which is worth about 30% of the value of new cooker. I'm sorry to say but I think you did quite well – and because you left it so long, it won't be possible to get your door reinstated because I suppose the cooker is long gone. If you can get the recordings which say that you are going to receive "like for like" then that might be helpful, but it seems to me that what they given you as a gesture of goodwill – and you've accepted it and it may well be that you have forfeited any further rights as a result. I suspect that you might come off the loser in this battle
    • Thanks I do not have £s.  I have to do it all myself.    The situation is more complicated than just me.  I was the leaseholder.   Separately, the family hold the fh (I can never  personally benefit),   The bank have tried every legal means to get the fh and failed.   Wasted time, whilst my interest accrued.  The freeholders have their own legal argument with the bank and the bank has limited time to respond/act before they run risk of forfeiture of the lease back to the freeholders... The bigger value is in the lease now.  But long-term the value will be with the freeholders.  Raising the funds to pay off my debt is being looked at - aside from their legal action on poss forfeit. There are discrepancies with the bank's paperwork.  Dates wrong and signatures missing on important docs. I understand one may question how the situation could change soon after 4y.   But it seems the market is changing. Properties of similar value in the locality have remained unsold in 5y - but agents are now seeing more interest and offers on these properties.  The bank has advised they have offers at a certain level but have been reluctant to accept. They spent the last year in futile attempt to get the fh.  If they had pursued the offer for the lh 1y ago there would be very little shortfall - or any shortfall could have been potentially dealt with on some sort of financial agreement? imo they want to pursue b and get the house so they can take advantage of this poss rise in values.  
    • Thanks Andy So having looked thru the small statement they provided lots of £12 charges added on from Jan 2018 adding at least £200 to the smaller balance of £593.75
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saintalan

1999 SLC SCOTTISH 1a small claims Decree, now rebadged by shoes/eruido - think i'm stuffed? No, I WON

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cash the cheque and leave them to it.

they'll soon work it all out...eventually.


please don't hit Quote...just type we know what we said earlier..

 

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Afternoon DX100 et Al

So home today to another letter.

We refer to our response letter 29th August. Copy enclosed.   (This was the compo letter with the cheque)

Our client blah blah blah.

Unless agreement in 14 days instructed to commence court actions etc etc.

 

So now am I being harassed ? or are they entitled to still write to me ?

The debt is no longer legally enforcable due to the 20 year prescriptive period.

Should I respond or simply ignore now ?

I believe if I respond I should refer to 

 

Prescription and Limitation (Scotland) Act, 1973

 

Further to above I have just once again dug out their letter (Post 66 mentioned) of 19/11/14 where they inform me that "a court decree is subject to a 20 year prescriptive period, therefore this account is not statute barred"

 

I guess referring them to their own letter may be the way to go ?

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well the 20yrs bit yea.

 

wind 'em up why not.

 

further harassment will force me to raise a serious complaint with the relevant authorities concerning your actions.

esp in relation to your admission in your letter dated 19/11/14 [copy enc]

 

I shall also seek financial compensation

this will be carried out with no additional notification to yourselves should you fail to desist.

 

there is a Scottish SB letter in the legal section of our library to add too the above

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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ah its moved

debt collection section sorry

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please don't hit Quote...just type we know what we said earlier..

 

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Well thanks again and good morning.

 

Shoosmiths do seem to take things a bit more seriously now rather than ignore me and bombard me.

 

this morning I receive another letter.

Blah blah

Please accept this as acknowledgement of your complaint that our letter demanding payment is harassment, as it falls outside of the specific 20 year prescription period detailed in our letter 19 Novv 2014.

 

Carry out full review etc in accordance with FCA rules and respond within 8 weeks.

 

 

Now I wonder where this can possibly go.

Either my complaint is upheld or they find something beyond the 20 year prescription period ?

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they cant argue

the decree is clearly stamped

the prescribed period of 20ys has expired.

extinuquished..dead gone parrot.

 

dx

 

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please don't hit Quote...just type we know what we said earlier..

 

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Polly Gone = Dead Parrot that is what they got

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:mad2::-x:jaw::sad:

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Should get an apology and Compensation again possibly.

We shall see. 

Thanks folks.

Shows the arrogance of "their client" refusing my near 50% payment offer much earlier in the thread.

Posts 24 and 25

Edited by saintalan

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It is all over 😊

Thank you to everyone who has taken an interest and particularly DX100uk who has helped keeping me on the right tracks.

Today received the following

 

Having reviewed the matter I do agree that the 20 year prescription period ended on 20 August 2019 and you should not have received further correspondence from us requesting payment after this date. I apologise and you will receive no further correspondence regarding this matter , and I will ensure your account is closed.

 

Conclusion

I confirm I uphold your complaint and I apologise that you have had to raise this. On this occasion I do not consider we have met the high standards I expect. I have provided feedback to the line manager , so that processes can be reviewed in order to ensure these errors are not repeated, and in order to allow staff training surrounding prescription periods.

In light of our error in contacting you, a cheque for £20.00 shall follow. Retaining this payment won't affect your right to refer this complaint to the FOS. 

 

 

etc etc.

 

So to end this happy story does anyone believe I should let the "FOS" know ?

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Yes let the FOS know, if you are happy to close your complaint.


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sorry without going back

did you involve the FOS before..only on a small phone at present

 

shoos ineptitude and shear volume of correspondence designed to harass IMHO might deserve a great compo figure?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Thanks what I meant was I have never been to the FOS.

I am happy it is over but can the FOS take any additional action that helps me ?

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yes they can.

esp if you consider that the communications have been harassment and the customer experience overall has been poor.

 

now harm in ringing the FOS and asking their view on opening a complaint.


please don't hit Quote...just type we know what we said earlier..

 

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Technically the only complaint I have relates to correspondence after the 20 year period. They were entitled to harrass me up till then. 

When I got my previous £50 compensation my complaint was not upheld but the compo was for not dealing with in the correct timescale.

I could I suppose also use this as bad service.

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pers i'd do it for all the others that have had it happen and are sadly too scared of erudio and their dogs

 

so I have an issue with a company called erudio and their solicitors concerning a slc student loan. etc

 

just remember this,it's costs erudio +£450 if the fos get involved.....regardless to anything you might get..


please don't hit Quote...just type we know what we said earlier..

 

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