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    • Hi dx100uk,    OK will do, I'll wait for that possible stage to come and keep this updated when I can.   I didn't buy a parking ticket.   Kal   ...       Way off topic but I love your profile pic, gonna listen now and allow Jeff Beck to send shivers down my spine in his epic WGW P3 solo ✌️    
    • Apologies, misunderstanding on my part. I was thinking of a shop called Cotswold. Please ignore me.   HB
    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that the claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
    • time for an sar first make sure you read all the posts in the sar link too.   dx  
    • its a car park at the side of a lake   simplest thing to do is ignore them until or unless you get a letter of claim.   then comeback here.   i will gather you didn't buy a ticket at all?   dx  
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gavrd1

dashcam faulty after 17 mts, can't be repaired -offered new one at reduced price?

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In May 2015 I purchased a Snooper DVR-3HD dashcam from Amazon sold by Amazon

in October this year it developed power related faults including turning on, battery holding no charge etc

 

I returned it to Snooper via their technical support who recently emailed back saying that although it was out of the 12 month warranty (I'd owned it 1 year 5 months) it was not a model that they stock anymore and that they do not have spares for the device and therefore cannot repair it.

 

They have therefore offered me a newer model the DVR-4HD at a discounted price of £99.99 instead of the regular RRP of £149.99. However I do feel that although this is an upgraded model I feel it is only giving me the option of paying £99.99 for a replacement direct from Snooper and if I don't, then I am stuck with a faulty dashcam which I have paid £139.99 for and lasted only 17 months.

 

Obviously there is the issue under the Sale of Goods act of arguing that goods must be fit for purpose for up to 6 years and I would consider a dashcam of that price to be more towards the higher end of the dashcam market compared to many other cheaper models and therefore expect it to last longer than 17 months before being faulty and then unable to be repaired.

 

The SOGA also says that the claim should be against the retailer (Amazon in this case) but it is Snooper who have dealt with the repair via their technical support and have not exactly told me what the fault was yet. Should I be directing my claim towards Amazon instead and should I be requesting either a replacement or at least a partial refund from them seeing as it can't be repaired?

 

Or is it fair to consider that a £139.99 dashcam can be classed as "dead" after just 17 months (i.e. only expected to last that long), or that £99.99 is a reasonable price to pay for a replacement model which now retails at near enough the same price as the old one when effectively the only main difference between the two is that the new one would be at the start of a new 12 month warranty?

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If they were to make a cash offer then I would accept that you dont get the full amount back,

amortisation of business assets is usually over 5 years

so they should refund 60% of the original cost.

 

the aternative is to replace like with like so do they have anything of a similar spec at the moment?

 

Your contract is with Amazon so tell them that you want a new one,

reconditioned one of similar spec or a refund of £98

- this being the residual value left in an item of this value after 15 months use.

 

You can sue them if they dont agree and with proper reasoning, quoting the relevant legislation and some previous cases you will win using a standard calculation like this one

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I had an issue similar to this, dashcam purchased from Amazon 3rd party seller... Failed after 5 months. Seller tried to fob me off until I complained to Amazon who instructed the seller to repair/replace item... Seller then demands I ship the faulty one to China at my expense (Royal Mail quoted me £43 shipping). I again complained to Amazon about their unreasonable demands and asked that they either arrange for shipping or refund me.

 

Amazon then decided to hide behind their 30 day refund policy and refused to help further... refused to refund me and because I had purchased the item using a gift card I received for Xmas... I was screwed and couldn't even do a charge back.

 

I would never suggest that you purchase another dashcam through a different friend/family account, nor would I suggest that you then return the faulty one as being non working on arrival and get a refund... that would just be wrong. :)

 

BTW... NEVER get a Mini 806 dashcam or anything remotely like them... they're all utter garbage... I would however highly recommend the Nextbase range as reliable and good quality... It's caught some complete and utter idiots on the roads.

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