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    • Thanks guys. Updated witness statement accordingly with dx's post. I have a draft order. As follows, is this ok?   It is ordered that: 1. The default judgment dated 10 November 2021 be set aside. 2. The Claimant pays the Defendant’s costs of this application to the sum of £275. 3. The Claimant has permission to file and serve a reply if so required.   4. All enforcement be put on hold pending the outcome of the application.   So with the N244.. include the Witness statement, draft defence, and draft order? And include a copy of all evidence?   Thanks
    • we need the exact particulars of claim, not what you have put please.  
    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
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@DisneyStore @myhermes DisneyStore-Worst customer service of my life!! ***Resolved***


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Last Tuesday was the much awaited release of some limited edition dolls. I am a collector, I have been my entire life, I have spent literally thousands. I got up at the crack of dawn and waited for them to be listed online. I managed to get the two I wanted but separately . I received my tracking code (Disney use Hermes), I noticed the code was an old one of mine from three months ago but had been updating the new order. The second order was doing the same. I asked Disney on Facebook what was going on with this and was told it was a "mistake". I asked well if this code is a mistake what is my tracking code? I did not receive a reply.

 

 

Then I check the tracking on Friday and both orders had changed to "not delivered-address query". I rang Disney to find out what was going on and she said "that's a tracking code from three months ago" I told her I was well aware of this, and had questioned it on facebook, but it was not dealt with. And besides the code was updating that day. She then told me when she puts in the code I was emailed its bringing up someone elses name. She put me on hold several times. She then told me " I have no idea what is going on". I was then promised a call back, which to be fair she did. she told me she "still had no idea what was going on and I have escalated this as an emergency" (?!).

 

 

After this call I checked on Facebook, others are complaining of this same issue. In addition, some who ordered one doll, have received an entirely different doll (the only one that hasn't sold out), Clearly something has gone very very wrong with these orders. It took Disney several hours to respond to these messages on Facebook.

 

 

After this i've checked the tracking for both orders again, one has changed to delivered and "not delivered- address query" has completely disappeared. I rang work to check id been sent the right one and luckily it was. However, still no sign of the other doll (incidentally the one I wanted the most and went for first). Also, when ive gone to work to pick up the box, the box its been sent in has written all over the side for all to see what the box contains. Sorry, but this seems like a special brand of stupid to me!! I rang Disney again to tell them one had been delivered and is there any news on the second. I was told the "emergency escalation has not been responded to yet". The attitude of the staff on these calls has been infuriating, they don't seem to care at all and give the impression of 'and?'.

 

 

I rang again on Saturday. I was told I would have an update "On Monday". I've rang again on Monday to be told "we are waiting to hear back from the warehouse". He promised me that he would ring me back "on or before 6 o clock even if there is no update". Unsurprisingly this call never happened. In the meantime pretty much all of my messages on facebook have been ignored and the page is full of others saying the same ie getting ignored. I have also emailed the chief exec THREE TIMES and have not received any response whatsoever.

 

 

These dolls were very expensive and cannot be replaced, Other than buying off ebay for £200 plus. I cannot put into words how frustrated/disgusted I am with Disney.

 

 

Also worth noting, before this I had twice received emails/txt messages informing me my order was on its way, At that point I had no order!!!! I was even able to follow the tracking despite it not being mine. I had emailed Disney about this asking what was going on and is there some sort of data issue. Yet again, this was ignored!!

 

 

It sewems to me Disney are in chaos at the moment and have put up a wall of silence!!!

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Hi Hacked _Off

 

How did you pay for them?

 

Have you sent a Formal Letter of Complaint to:-

 

Mr Graham Burridge

Managing Director

Disney Store UK

[email protected]

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Hi Hacked_Off

 

Time to escalate the matter, send a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do. Explain that you've sent 3 emails to Mr. Graham Burridge, Managing Director, UK, but no response.

 

Send it to:-

 

Mr Robert Iger

CEO

Walt Disney

[email protected]

 

 

i paid with paypal on both orders. Ive emziled a formal complaint to Graham and two updates of whats been going on, so far I have nor received any response whatsoever.
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Hi Hacked_Off

 

Time to escalate the matter, send a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do. Explain that you've sent 3 emails to Mr. Graham Burridge, Managing Director, UK, but no response.

 

Send it to:-

 

Mr Robert Iger

CEO

Walt Disney

[email protected]

 

 

 

Done that earlier ;)

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Excellent, should get a response.

 

a) Have you raised a dispute with paypallink3.gif?

 

b) Did you use a debit or credit card to fund your Paypal account?

Was the balance of your Paypal account zero, when you paid by debit/credit card?

 

Done that earlier ;)
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Excellent, should get a response.

 

a) Have you raised a dispute with paypallink3.gif?

 

b) Did you use a debit or credit card to fund your Paypal account?

Was the balance of your Paypal account zero, when you paid by debit/credit card?

 

 

Debit card funded paypal. Ive not raised a dispute because I want my item!

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Lets see if you get a response from Disney.

 

But if the balance on your Paypal account was zero when you carried out the transaction, then you can carry out a Chargeback. The clock is ticking regards carrying out a Chargeback.

 

Again the clock is ticking on raising a Paypal dispute.

 

 

Debit card funded paypal. Ive not raised a dispute because I want my item!
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Lets see if you get a response from Disney.

 

But if the balance on your Paypal account was zero when you carried out the transaction, then you can carry out a Chargeback. The clock is ticking regards carrying out a Chargeback.

 

Again the clock is ticking on raising a Paypal dispute.

 

 

that's a good point, what the timelimit?

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hank you for taking the time to contact us. Your case has been escalated to myself following your emails to Bob Iger and Graham Burridge.

 

We are sorry to learn of your disappointment following your experience with us, and we thank you for your patience while this was investigated for you. Please be assured the satisfaction of our Guests is of paramount importance to us, and we apologise that your expectations were not met on this occasion.

 

Firstly we would like to apologise that the callback you were expecting has not happened as of yet. Our Guest Services team have been looking into your case, and had escalated to us here in Head Office. This has involved us liaising with a number of teams to ensure this was resolved for you, and we apologise that this was not in the timeframe you would have hoped for. Due to a systemic error with your tracking number there has been a delay in sending your Maleficent doll to you, and we apologise for any frustration this may have caused. Following investigation, this is now being resolved and the doll will be out for delivery today or tomorrow. We thank you once again for your patience with this matter, and we hope you are looking forward to adding Maleficent to your collection.

 

We would like to assure you that a select number of dolls are reserved for any quality issues following each release. Should you find that your doll has not arrived in the condition you would have wished for, we invite you to contact us as soon as possible so we are able to assist you. May we take this opportunity to thank you for your feedback regarding the packaging of your Aurora doll; we can assure you this has been shared with the relevant teams for future considerations and we encourage you to share any further feedback you may have.

 

With regards to the Blue Aurora Doll issue, we can advise that this was flagged to us on Friday afternoon. As I am sure you can appreciate, it can sometimes take a little time to resolve such issues, and as such Guests querying this were responded to on Facebook as soon as the information was available, early on Friday evening.

 

Feedback we receive from our collectors is invaluable to us, and is integral for planning future releases. We would like to apologise again, that your recent experience with Disney Store has not been what you, or we, would have hoped. We thank you once more for your patience while this issue was investigated for you and if we can assist you any further, please do not hesitate to let us know.

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Are you saying the Hermes guy called at your work, but had no delivery for you?

 

that email was received yesterday and the hermes guy has been and gone today, no doll!
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All you can do is call them as suggested.

 

'Should you find that your doll has not arrived in the condition you would have wished for, we invite you to contact us as soon as possible so we are able to assist you'.

 

nope no doll
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