Court papers for Cancelled Appliance Direct policy- help needed

[rosebush02]

Can someone help me please.

 

I agreed verbally (on the phone) to an insurance cover with Appliance Direct LTD.

 

After a couple of days, I decided to cancel the policy, which I did on the phone also.

 

The person I spoke to say I could cancel, but I said I knew I could as I know have 14 days cooling off period.

I also cancelled the direct debit I had set up to pay the monthly payment.

 

A couple of weeks later, I had another phone call to ask why I had cancelled.

I told them I didn't require the policy as my other insurance also covered the same as they were offering.

The lady was quite abrupt, but I held my ground and said I didn't require the policy.

 

I never received an agreement from them and heard no more up to a couple of weeks ago, when they called me on the phone again.

This time they told me I owed them £150.

I said I owed them nothing as I cancelled the agreement within the cooling off period.

In reply I was told they would take me to court.

 

This Friday, I received court papers from the county court bulk centre and have to return the acknowledgement of service with 14 days.

 

Some questions I need answers to are;

 

where do I stand legally with this so called agreement if I never signed any contract with them, or received any agreement

and was I within my rights to cancel the agreement 2-3 days after agreeing to it.

 

Thank you

Edited May 31, 2015 by honeybee13
Paras.

[honeybee13]

Hello and welcome to CAG. People should be along later with advice for you.

 

What would help them is if you could type up their POCs [particulars of claim] verbatim, please. Leave out any personal details, it will protect you and we don't need them in order to advise.

 

My best, HB

[dx100uk]

they don't stand a chance if you have proof you cancelled within 14days

 

 

dates would be nice too

when taken out

when cancelled etc.

 

 

dx

[fkofilee]

IF its insurance, you have a cooling off period!... It varys but normally is 14 days?!?!

 

They sound like a real bunch of cowboys.

 

Tell us when you took it out and when the dates were that you cancelled.

Also let us know if you have any terms and conditions.

[Bazooka Boo]

This isn't their 'for life total cover' is it?

 

http://www.appliancesdirect.co.uk/content/appliance-warranty-for-life.asp

[rosebush02]

Hello everyone. Thank you for the help so far.

 

 

I am not sure what the cover was called but it was for my household appliances.

 

 

i had a cooling off period of 14 days according to what I read at the time on the citizens advice bureau page.

I have no proof that I cancelled as it was done verbally on the phone.

The agreement was also made on the phone.

 

 

I never received a policy or agreement/contract for the breakdown cover.

 

 

Dates were May 2014 when agreed and

I am not sure of the date I cancelled, but I know it was 2 or three days later.

The amount each month was supposed to be £14.99.

 

The Particulars of Claim are -

 

The defendant entered a twelve month contract on 19/05/2014 with Appliance Direct Ltd. The defendants warranty number is ******** and the monthly payment is 14.99.

The defendant has cancelled the direct debit arranged to pay for the breakdown cover provided on home home appliances and has entered into arrears.

Letters and phone calls to recover the arrears have proved unsuccessful .

 

The months unpaid are June 2014 -May 2015, totalling 192.91 and a late payment charge of 15.00.

 

Until the direct debit is reinstated, the amount outstanding will increase each month until the contract ends.

 

They have also added £25.00 for court costs.

 

Thank you.

[dx100uk]

phone records

you ideally need some kind of proof you did phone them on XX date

 

 

it would be nice to think that an SAR might come thru by the time of the date for filling your defence

which should be one contending you cancelled by phone within the 14 days period.

 

 

however, I'm sure that if you diled a defence stating such

they would need to produce all the phone/account record to prove their 'case'

 

 

for the meantime

you certainly should be popping up on MCOL website

detailed on the claimform

 

 

and

defend all

leave juris unticked

[rosebush02]

Thank you for the info above dx.

 

 

I have been looking to find out what a SAR is.

 

 

They phoned me so there is no record my end to use as proof.

 

 

I have never paid them a penny.

I told them I was cancelling my direct debit because they said I could not cancel,

but I said I knew I was still within the cooling off period.

 

 

So I cancelled the agreement on the phone and then cancelled the direct debit.

I never heard any more. That was over a year ago.

 

 

I've had no letters, debt agencies or bailiff calls. Nothing.

 

 

Then about two weeks ago I got a call from them again saying I owed them £150.

I told them I owed them nothing as I cancelled within the cooling off period and have heard nothing since.

 

 

That's when she said they would take me to court.

 

 

The court papers arrived on Friday.

[dx100uk]

well incase you are green, just remember that a DCA is NOT a bailiff

and never can be they have no powers

and that bailiffs can only ever get involved in civil debts after a court has judged against you.

 

 

I think that you certainly need to complete MCOL ASAP

hat will unsettle then to see you are going to defend all.

 

 

a CPR 31;14 is in order here

but I'm not exactly sure if we have a version that covers forthis kind of claim.

 

 

p'haps one of the other team or a member could point you in the right direct

 

 

they would certainly need to counter your claim that you cancelled on the phone

and as it was them that ran you, they must hold records of at least the call being made to you.

 

 

dx

[rosebush02]

Not sure what MCOL is but I will check this out tomorrow, along with a CPR31.14. Thank you very much dx. I have some sort of starting point now. I will also ask for a SAR now I know what that means

[dx100uk]

the claimform should make ref to you being able to do this all on line

MCOL.

 

 

dx

[AndyOrch]

Thread moved to General Legal Issues.

 

Regards

 

Andy

[ericsbrother]

You wont need to do a SAR,

you can demand copies of the tapes as part of your defence as "discovery" under CPR 31.14.

 

 

You can get the dates of your return call from your telecoms service provider without any hassle

and that will be enough to sink their claim even if they dont want to provide you and the court with the tape of your call.

 

 

No-one will believe that someone who can prove they called back (and cancelled a telephone agreement) really didnt.

 

 

If they dont provide the evidence you can request that the claim is struck out.

 

Also, complaint about unfair trading terms wouldnt go amiss.

[Bazooka Boo]

The good old Warranty con.......

They don't stand a cat in hells chance with this!

[rosebush02]

I understand what a CPR 31.14 is (sort of), after reading some info on them,

but I am unsure what my defence as "discovery" means.

 

I didn't make a return call because they phoned a few days after I agreed to their contract

and I told them I had changed my mind and was cancelling. This was 2 or 3 days after the first call.

 

The lady I spoke to was quite abrupt and said I couldn't cancel.

I told her I was still in the cooling off period and I knew I could.

I then cancelled the direct debit at my bank.

 

I had a third call when they tried to take money through the dd and couldn't.

It was a different lady who I spoke to this time.

She was very abrupt and told me again that I couldn't cancel.

 

They have never had any money from me and I never heard another thing from them until a year later when

I had another call telling me I owed them £150.

 

I told them I owed them nothing as I cancelled the contract a few days after agreeing,

but was within my rights as it was in the cooling off period.

They said they would take me to court.....and so they are doing so!

 

I called my bank today to find out what date the DD was set up and the date it was cancelled.

The bank has no record of the DD at all.

 

I was sent all my statements from January last year up to the present date, to check if Appliance Cover Direct had ever taken any money from my account.

They haven't. SACD want a whole year's money plus extra and court costs!

 

I cannot fill in a defence if I haven't had the audio recordings of the telephone conversations, so what do |I do here????

 

Regards

[AndyOrch]

The Particulars of Claim are -

 

1.The defendant entered a twelve month contract on 19/05/2014 with Appliance Direct Ltd. The defendants warranty number is ******** and the monthly payment is 14.99.

2.The defendant has cancelled the direct debit arranged to pay for the breakdown cover provided on home home appliances and has entered into arrears.

3.Letters and phone calls to recover the arrears have proved unsuccessful .

4.The months unpaid are June 2014 -May 2015, totaling 192.91 and a late payment charge of 15.00.

 

Until the direct debit is reinstated, the amount outstanding will increase each month until the contract ends.

 

 

Defence

 

Paragraph 1 is noted , after initially agreeing by telephone I cancelled by telephone 2 days later..pursuant to the Consumer Rights Directive in UK law/ distance selling regulations cooling off period of 14 days and in accordance with my rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

 

Paragraph 2 is denied..as there was never a direct debit set up or authorised by my Bank.

 

Paragraph 3 is denied and irrelevant..the claimant never sent a copy of the contract as the contract was cancelled as above.

 

Paragraph 4 is denied for the above aforesaid reasons.The claimants claim and intended future charges are denied.

 

 

Dont bother with CPR 31.14 and DSARs the claim is nonsensical.

 

Regards

 

Andy

[rosebush02]

Thank you Andyorch, I appreciate your help.

 

So, I just deny all on the claim form and add the above for my defence?

[dx100uk]

have you defended all on MCOL yet

ack'd the claim {AOS}

[Bazooka Boo]

And stop talking to them on the phone, if they ring, laugh and hang up.

[SabreSheep]

All communication must be in writing from now on in as this is easier to proof then phone calls, as you have discovered.

 

Once your defence is submitted, the court will issue an allocation questionnaire. Come back to us when you receive this. Remember deadlines are important. If you miss these, they *may* win automatically.

[rosebush02]

No I haven't done the AOS yet. I plan to do it online this evening. I am still in good time as received it on Friday and have 14 days to return it to them.

 

I don't think they will try to phone me now that they have started court proceedings, but if they do I won't pick up as I have caller display!

 

I will come back once I hear again from the court with the allocation questionnaire as I don't have a clue what this is either.....sorry.

 

Anyway, a big thank you to everyone on here who has helped to date

[dx100uk]

I would do it all online at mcol

 

DX

[rosebush02]

Thanks dx. Just doing it now!

[rosebush02]

Have received a 'Notice of Proposed Allocation to Small Claims Track'. I must complete the N180 (Directions Questionnaire) by 22nd June. The first section is re settlement/mediation. I really can't see the claimant wanting mediation anyway, so should I just tick no to the case being referred to a mediation service. Also, what is an 'expert witness'?

Should I write to the claimant and ask for audio copies of the telephone conversations via CPR 31.14?

 

Regards,

[dx100uk]

you must indicate you are prepared to enter mediation