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    • So I have to ask you once again, has sweatband eventually refused to accept any responsibility for this now that you have been knocked back by the manufacturer? I'd be very grateful if you could address this question which I've already asked twice now.
    • Hi    The first one was purchased in August 2020 and returned in October. This is the link to the page.    https://www.sweatband.com/proform-pro-1500-treadmill.html   We wanted to research our rights so we were clear on them before going back to the manufacturer or sweatband. The last communication was with the manufacturer who sweatband directed us to and the manufacturer told us the location of the treadmill was unsuitable and we had to move it our it would void our warranty.    I wonder if you could be kind enough to let me know if you think the link above affects our protection under the consumer rights act?    Thank you again  EM0149
    • I notice that you haven't addressed my question as to whether sweatband.com have actually refused to take any responsibility for this now.
    • Thanks! I've had several successes in the past 4 years or so which stemmed from a financially difficult part of my life around 2011/13. Basically I was financially trapped with Quick Quid, in a cycle of increased borrowing, during this I'd opened three catalogue accounts: Studio, JD Williams and Simply Be , 2 credit cards (Aqua and Barclays) and was juggling finances. In that time I had got 2 CCJs plus 2 defaults so things were pretty tight. I was using most of my available credit until things eventually became unsustainable. When I moved house I used the deposit to pay off Quick Quid and got into arrangements to repay the catalogues. The credit card limit was still rising until 2017 when I borrowed the balance of nearly £6000 from a family member and cleared the Aqua card. The Barclaycard had already defaulted. In 2017 I began action for irresponsible lending against Quick Quid. Basically they could not show the criteria they used to make lending decisions  and kept lending to me so I won the case. I was refunded all interest and fees  and charges plus 8% pa. When it was upheld it gave me the confidence to challenge JDW and SB. These were also upheld and they had to repay interest, fees and charges plus 8% from the second credit limit increase which amounted to about £1200 each. I challenged Aqua where my redress covering 6 years fees, interest and charges accrued to nearly £9000.  Barclaycard was not upheld but the default was moved back to an earlier date meaning it expires sooner.  All my IRL cases succeeded because none of these companies could prove that they had diligently checked my financial history. My credit report clearly showed that I was using a high or at limit proportion of available credit and that I'd accrued two unconnected CCJ's and 2 defaults throughout the lives of these accounts. Whether they should have given me the accounts in the first place was also brought into question but it was the sustained but gradual increase of CL's time and time again without proper checks. JDW were unable or unwilling to show the ombudsman what criteria they used. It only appeared that because I paid on time they continued to offer increases where in reality I was actually juggling finances like a fine balancing act.  It would appear that the FOS are looking at catalogue debt as I know when my cases against JDW and SB were being investigated they mentioned this.  My case against Studio should conclude soon. I was curious as to why now Cabot are trying to cut their losses by offering such a hefty discount. I can only summise that Studio are trying to buy back the debt for less.  
    • They have made an offer  Remind them in no uncertain terms that under CONC they are responsible for the conduct of their agents , (research and quote this) and negotiate a payment plan of their offer As dx says we really need all the details to understand the full picture 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Harlands/CRS **WITHDRAW COURT CLAIM**


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Hi Fed,

 

I suggest you fire off the defence now, post a copy of it here, and keep us informed of further events.

 

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Sorry - the above information was based upon a conversation with MCOL this afternoon.

 

I've issued the defence:

 

"Please see the defence to the above resissued claim:

 

The claim is denied.

 

The claimant has not supplied an account dated 16/08/2014 detailing the amount claimed."

 

Cheers

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looks like I'll have all this to come :-( and my mother. good luck federalez! sure makes for interesting reading, can't believe how long this has taken you and how much it must have cost them. utterly ridiculous, wonder how they're still in business wasting money like this.

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  • 1 month later...

Hi Crunchy

 

Good luck in whatever engagements you have with Harlands.

 

Guys - I have no idea what happened with the county court claim made against me, but after the submission of the latest defence I have received an offer of settlement.

 

The current "balance" is set at 386.33, which they've kindly offered settlement at £193.17.

 

Does this mean that Spratt Endicott / Harlands / CRS have chosen not to pursue the county court claim? How do you think I should proceed?

 

Cheers

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You ignore them

File your claim fleecers or go away

 

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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Hi Fed,

 

Who made the offer and exactly what did they say.

 

I assume you have not heard anything from the court since your defence was filed but please confirm.

 

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Hi Slick,

 

The letter of offer was from Spratt Endicott. As below:

 

"SETTLEMENT OFFER - £193.17 - WITHOUT PREJUDICE

 

We refer to the above names matter and to recent legal proceedings and your defence submitted in this matter.

 

Our client is willing to accept a reduced settlement figure of £193.17 in order to draw this matter to a close. If you cannot pay immediately, we can arrange a different arrangement over a longer period. All repayment offers and settlement proposals will be considered, call us and see what we can arrange for you or alternatively you can email email addy removed.

 

Should you have any questions please telephone....

 

Can you please contact us within 14 days of this letter..."

 

Prior to that I received confirmation that my defence had been passed to the claimant - but nothing more.

 

What do you think the next steps should be.. I don't quite understand what they're playing at?

 

Cheers

Edited by slick132
removed email addy
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Hi Fed,

 

I'd send a Without Prejudice reply to SE saying :-

 

Dear Mr xxxxxx,

 

Thank you for your letter of xxdate.

 

I maintain that I owe nothing in respect of this matter and have sufficient evidence to defend the claim successfully in court.

 

Accordingly, your Settlement Offer is rejected.

 

Yours sincerely,

 

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  • 2 weeks later...

Hi all,

 

I have now received a letter from SE saying:

 

"Please be advised that our client the Claimant is withdrawing the Claim from the Court.

 

However this matter is now being passed back to our client Credit Resolution Services."

 

Seems I may have another bout of correspondence from CRS in the next few weeks....

 

Cheers

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Hi Fed,

 

Yahoo !!

 

This is the best news I've had all week.

 

If CRS have the temerity to write to you again seeking a penny, we can laugh in their face and tell them where to go.

 

If they persist, you have excellent grounds to take THEM to court seeking a nominal award (at the court's discretion) which would stop their antics for good.

 

Delighted at this news !! :whoo: :whoo: :whoo:

 

:-)

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Hi Slick..

 

Of course, I'm very pleased. They're clearly a persistent bunch, so I hold little hope they'll rest...

 

As always, your assistance and support in these matters has been nothing short of phenomenal.

 

Have a great B/H weekend.

 

Cheers

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You have a good w/e too and, when I have a cheeky beer tonight, I'll raise a toast to your success.

 

Thread title amended to reflect your **WIN**

 

:-)

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Excellent nice result Fed.Just check with your court that they have filed a Notice of Discontinuance......just for peace of mind.

 

Well done

 

Regards

 

Andy

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Excellent news :)

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

 

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  • 1 month later...
  • 8 months later...

Hi all,

 

Feels like a while since I've been in touch - so thought I'd catch up with my friends at CAG :)

 

While I should have, I absent-mindedly neglected to inform you all that the notification of discontinuance was filed on the 3 Sept 2015. I have heard/received nothing of this affair. Well, at least until Tuesday this week...

 

I've received an email from the solicitors (Spratt Endicott) who represented Harlands/CRS :

 

"We have been trying to contact you. Please could you contact us on 01295 204074 regarding our reference 1xxxxx.xx2 between 9.00 am - 5.30pm Monday to Thursday and 9.00 am - 5.00pm Friday.

 

Alternatively, you can reply to this email and we will respond accordingly, it is important that we speak with you."

 

Of course this comes as a surprise as I, maybe naively, believed this could be behind me.

 

Do you think I should acknowledge this?

 

Regards

Fed

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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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Hi Fed,

 

You could safely ignore this if you want and make no response at all.

 

Or you could drop Spratts a brief email for a bit of sport :-

 

I refer to your email of xxdate and must ask why you are seeking contact from me.

 

It really annoys me that Spratts are happy to pester folk on the orders of Harlands/CRS but without bothering to check any paperwork or history, to satisfy themselves that any money is really owed.

 

See how they reply and then decide if they should be reported to the SRA.

 

:-)

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Why do I get the feeling they will try legal again.?

 

Spratts have not "tried legal" with one single case we've seen here since they started acting for Harlands/CRS. :flypig:

 

If they "try legal" again on this one, I pledge CAG a Site Donation of £25.

 

:-)

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Hi all,

 

Why do I sense that they were dipping their toe in the water again?

 

My response : "I refer to your email of 7th June 2016 and must ask why you are seeking contact from me?"

 

SE response : "In order for me to discuss the file with you for data protection purposes can you please confirm the first line of your address and postcode.

 

Once this is confirmed I can disclose the details of the account to you."

 

My response : Provided above details

 

SE response : "Sorry the email was sent in error."

 

This is despite the fact that it was sent P&C with a previously used reference!?

 

Maybe I read too much into it and an over zealous junior administrator took it upon themselves to reopen old files they chose not to waste time on, but what likelihood/sense of closure do I have here? This will continue to be an open case I presume!?

 

Cheers

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Hi Fed,

 

You may be over-thinking this. I think Harlands/CRS just passed on a bundle of customers who they say were in arrears, so Spratts could send out begging letters.

 

I doubt Spratts had any knowledge of the court action taken previously by the other solicitors.

 

Just typical of Harlands/CRS to get things wrong.

 

Let us know if you get any further demands.

 

:-)

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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