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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
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      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. 
       
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BW/Lowell claimform - old CapitalOne 'debt'***Claim Discontinued***


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With my defence due in tomorrow, do I need to mention anything in the defence about an old account I had with Cap 1 being in dispute as a result of missold PPI affecting payments but settled in full in 2013 with Cap1 hence an abuse of court process/time by BW and Lowell?

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Responding to your PM

 

There are few points that need clarification first before you can finalise your defence bgizzle ...firstly.....

 

What was the date of your last payment to the account..? you state it was defaulted Nov 2008.

 

The second is with regards to the PPI refund...was the balance reduced by said amount of £340 ? Is the claim amount of £384 correct?

 

Regards

 

Andy

 

But it wasn't settled in full was it ?

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That was my understanding at the time but looking back it appears not. So let me rephrase

 

With my defence due in tomorrow, do I need to mention anything in the defence about an old account I had with Cap 1 being in dispute as a result of missold PPI affecting payments but settled in 2013 with Cap1 hence an abuse of court process/time by BW and Lowell?

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No...you are only dealing with the balance...the PPI is history

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Unless of course the PPI should have cleared the full balance?

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Okay. I'll leave that out. please see below and confirm if this is sufficient?

 

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD

Defendant: XXXX XX

 

1. The Claimant's claim was issued on 29th September 2014.

 

 

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Defendant has not paid any part of this debt in the last six (6) years.

 

4. The Claimant's claim to be entitled to payment of £384.82 or any other sum, or relief of any kind is denied.

 

 

5. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 and CCA but the claimant has failed to comply with this request.

 

6. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

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Confine defence to what Andy gave you. Everything you've added is either repetition [no.6], superfluous [no.3] or not appropriate at this stage [no.5].

 

The shorter, the sharper.

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Thanks @ Oleg - I'll revert to the original 3 provided by Andy

 

@ Andy - I have also just found out that the date of assignment (according to cap1) differs from date BW/Lowell have stated on claim. When is an appropriate stage to highlight this and them not responding to CPR and CCA requests?

 

Apologies for appearing a bit silly but legal matters turn one into a bumbling fellow

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You dont....once a SB defence has been submitted there is nothing further to add...hence Olegs post

We could do with some help from you.

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Okay... Deadline day is here. Below is what I seek to submit following the patient advice given by andy and others. Please cast your eyes over this one more time and confirm i'm not missing out anything.

 

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD

Defendant: XXXX XX

 

1. The Claimant's claim was issued on 29th September 2014.

 

 

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 

3. The Claimant's claim to be entitled to payment of £384.82 or any other sum, or relief of any kind is denied.

 

Is there a legal format to adhere to?

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Okay... Deadline day is here. Below is what I seek to submit following the patient advice given by andy and others. Please cast your eyes over this one more time and confirm i'm not missing out anything.

 

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD

Defendant: XXXX XX

 

1. The Claimant's claim was issued on 29th September 2014.

 

 

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 

3. The Claimant's claim to be entitled to payment of £384.82 or any other sum, or relief of any kind is denied.

 

Is there a legal format to adhere to?

 

Just paste into the mcol form

 

You should receive acknowledgment Monday.

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Strange that: most of us adore them with an undying exquisite passion.

 

Urgggggggggggggggggggggggggggggggggggggggggggggggggggg!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! plop!:smash::director::fencing::brick:

:mad2::-x:jaw::sad:
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  • 1 month later...

Update since submission - Courts sent acknowledgement receipt of defence letter a couple of days after submission via MCOL. They advised a 28 day timeline for BW/Lowell to respond else claim will be stayed. Its now 1st Dec and I've heard nothing back.

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The same as 95% of claims we deal with...very few ever do respond.

We could do with some help from you.

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Its 28 + 3 ...same as for you submitting the defence.

 

Andy

We could do with some help from you.

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Only if they respond...then you will receive a Directions Questionnaire to submit.

We could do with some help from you.

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You mean if they (BW Legal) respond to the court? If yes they already did and their letter to the court which I have been cc'd to reads

 

"The Court Manager,

Northampton County Court (Bulk Centre)

 

Claim No: XXXX

Lowell Portfolio v xxxxx

 

The claimant intends to continue with the claim,

 

We confirm that we have sent a copy of this letter to the defendant

 

Yours faithfully,

BW Legal"

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Well just wait until you get the DQ and then you will know if the above is genuine.:-)

We could do with some help from you.

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

 

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