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    • How do I know what to reply though and how to get it right.  I may have had 12 months to sort it but I simply have not been able to afford to keep it up. In December I had high hopes but circumstances completely out of my control at that time meant rightly or wrongly my bank account was not on my mind. Bear in mind I have taken out 2000 and paid back 4700 or thereabouts. So it certainly isn’t the case that I never ever paid them or tried to run away.  I have made substantial payments throughout these couple of years. 
    • get some CCA request s running tomorrow. without enforceable paperwork no-one is going near a courtroom door. wait and see what toilet paper each one returns with. they have 12+2 days else one of your options is too cease payment until they do.    
    • Hi  I wonder if anyone can assist. We purchased a proform treadmill from Sweatband.com approximately 3 months ago. It is a fairly large treadmill and we purchased with the intention of putting into our garage which has electrical wiring and my partner has a turbo trainer already in there (has been for years). Only when the treadmill got delivered did it the warranty documents advise against keeping it in the garage. No where on the website for Sweatband or the manufacturer's website does it recommend the treadmill is not kept in the garage. The sweatband website has a treadmill buyer's guide where it actually comments that people like to put treadmills in the garage but consider the head height. So it is only after you have purchased and taken delivery of the treadmill are you advised not to keep it in the garage.    We took delivery and set it up on a proper gym mat. We make sure to turn it off when not in use and to cover the treadmill when not in use. It has been working fine. I used on Friday night and then on Saturday morning when I went to switch on the electrics have stopped.    Sweatband are now redirecting us to the manufacturer who are saying we have the item in an unsuitable environment and this will void our warranty.  The item is so big we cannot physically lift it out of the garage and we do not have a room in the house big enough to store it.    Has anyone had any similar problems with treadmills in the garage and it affecting the warranty? We feel we have been mis-sold a product as it is only after you have taken delivery are you told you cannot store in the garage despite the seller's guide making reference to where to store your treadmill and making reference to the garage but failing to warn it is against advice to store it there. We would have never bought the treadmill if we knew it was unsuitable for the garage.    Also we made the transaction via paypal but using our credit card. Do we have any protection with our credit card or paypal? The cost was £1,500 so we do feel it should last longer than 3 months.   Any help or advice would be much appreciated.   Thanks  EM0149 
    • they weren't enforcement officer, they were a powerless DCA.   the point of only getting 2 days to raise £1500 (not £1800 the £300 repo fee is an unlawful penalty) is one we shall use. BUT!!!....... you can't call the kettle back , you've had more then 12mts to sort this out, you haven't, so the other points are pretty much irrelevant, it works both ways .   your reply has got to be very very carefully worded in most certainly wont be tonight nor tomorrow you should answer poss by friday, you rush back with a poor reply you play right into their games. don't!!  
    • https://tinyurl.com/y484rmfk   A  Secure tenancy is Assured by 1988 Housing act   A Protected tenancy is Regulated by 1977 Rent act which is yours   Both have Grounds for possession order.   The grounds you have quoted are from 1977 Rent act, schedule 15, section 98 which are discretionary   If the LL has issued the correct "Notice to Quit" you need to show it to Shelter, CAB, Solicitor, local law centre checking to see if its correct notice or not.   Read on https://tinyurl.com/y3cdaq8s   Can you upload a copy of the NTQ in adobe pdf form to CAG with personal details Blank out    
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Court Success Against Lowell/Mobile Phone Company


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Happy New Year To Me!!

 

Slightly misleading as no court time needed -

I had multiple mobile accounts which I stopped paying after informing them due to bad customer service

& failure to provide everything promised under contract or implied contract.

 

This they didn't like and each contract was apparently sent to a DCA etc - about £1000 in total maybe.

 

I had got into the habit of ignoring because I'm stubborn and righteous haha but

 

 

couple years later just before Christmas I was surprised to receive court papers for one of the accounts from infamous (on here) solicitors.

 

I stubbornly waited just until the deadline (as they do) to file a defence

and I just decided to go at it with full details to show that I wasn't messing/afraid and that I would be a great witness re the 51% threshold.

 

 

I know the normally better method is to be brief & hold back haha.

I also reserved the right to counterclaim re default defamation.

 

Today I was actually preparing to do a CPR document request but I've just received a discontinuation of claim :D :D :D out of the blue

 

I'm guessing/hoping this means the other accounts won't be acted upon?!

 

Should I bother asking them to remove the default as they've tacitly accepted my defence?

 

I know I'm being smug but im happy!!

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I mean the accounts. Remember they would still exist after the case throw out.

Email Sara De Tute... Get it sorted...

 

As in write a letter to her at L? And demand that all the accounts be closed?

 

Should I ask for the defaults to be removed in the same letter for the same reason do you think?

 

Thanks

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They will almost certainly advise this was a commercial decision not to go ahead with the claim and refuse to remove the defaults :(

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They will almost certainly advise this was a commercial decision not to go ahead with the claim and refuse to remove the defaults :(

 

Yeah I assumed something like that :(

 

I think it's unfair of them because it wasn't a debt issue per se: I notified them first to say they were in breach of contract. I didn't owe money it's all the subsequent bills they thought I should still be paying.

 

On top of that though I had one 'account' where I dealt with multiple phone sub-accounts and though my termination reason covered them all they have applied multiple defaults.

 

They've certainly vexed me haha

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