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    • Hi.   SJP = Single Justice Procedure. Here's some reading for you https://www.gov.uk/single-justice-procedure-notices   If you want to ask for an out of court settlement, you need to deal with TfL. You could write to them if you have a contact name, there are examples of letters in threads here.   HB
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    • Your puppy is certainly subject to the consumer rights act because it is classed as "goods". You don't say when you bought it – you simply say "recently". I'm not too certain what the law is relating to commercial breeders. You say that this person is a home breeder. Is there any distinction? Should they have had a licence? There are two issues here. First of all – and probably most important – you are talking about the health of the puppy. You may not have the resources but it seems to me that it's important to get this addressed as quickly as possible – both for the sake the puppy and also for your own sake because if you end up having to pay out of your own pocket, according to you is going to get a lot more expensive. If the tooth is causing the puppy any pain or discomfort or any difficulties then it seems to me that you have a clear duty to get it sorted out as quickly as possible. You made the decision to purchase a puppy rather than go to a rescue home – where these kinds of things would have been sorted out – and you obviously made your own decision to go to a breeder who you knew was unlicensed – and am afraid that all of the baggage your filing now probably comes with those decisions. On the consumer rights issue, it seems to me that you have a clear case – regardless of the consumer rights act – because whether the breeder was a home breeder or not, licensed or not, it is clear that the money they were charging – it was done as a matter of trade. You say that this person is a home breeder – and I understand that the rules are that if you read a certain number of letters per year and sell a number of pups then you do need a licence. I suppose you will have to make your own discreet enquiries to discover whether in fact this person is actually operating as a commercial unlicensed breeder. It's not terribly relevant to your case – but on the other hand it would add leverage to your position. I think the way forward for you is to get two independent quotations for the veterinary work which needs doing and then write to the breeder giving them both independent quotations and telling them that because you have the interests of the puppy in mind you are going directly to have the work done by the cheapest quote. Because of the breeder's attitude so far I would include this in a letter of claim. I don't think that there is any room for mucking around with the welfare of animals – especially when they are being used to make profits. That means that you would send the breeder the two quotes, tell them the date on which the work is going to be done, point out to them that has so far they have been completely uncooperative and refused to get involved that you are now sending them a letter of claim and that you will issue a claim within 14 days unless they pay in full for all the treatment and any ancillary treatment. In other words you make it clear to them that the sum you are claiming for the media work may not be the end of the matter and that you hold them responsible as a dog breeder – commercial or not, licensed or not, for the welfare in good health of their animals. Frankly I think you should tell them that you are going to report the matter to the RSPCA – and if you care about your animals – and the others that are being produced by this breeder – then I think that this is exactly what you should do. I think you should also ask the breeder if you can have any tax receipts for the £1200 which you paid. It wouldn't at all surprised me if this breeder has received the money – effectively cash in hand. You should ask them for a VAT invoice or else an undertaking that they are exempt. We will help you all the way here – but I'm going to say once again, that I think your first priority is to get the work done. I'm sorry that you decided to buy a puppy – when there are so many in rescue centres – although maybe not as pretty looking is the one that you have. I'm afraid that this is the kind of thing which encourages "home breeders" and breeders generally – and particularly with unlicensed breeders – it means that they more likely to be sloppy and uncaring about the welfare of the animals they produce. I think you should tell us more about "Vets4Pets".  It seems to me that they haven't done a very good job either – and I would be writing to them and asking them how come they have managed to carry out this assessment of your animal and yet they have missed this important defect. I think it's important that pressure is put on them as well to smarten up their act. Please will you tell us the name of the home breeder.   I hope this advice has been helpful to you. I'm sure that some of my comments have made uncomfortable reading – but as I say, we will help you all the way and I think you should start acting straightaway in the interests of your puppy – which doesn't deserve any of this  
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Phantom943

LOWELL/BW claimform - Telefonica o2 mobile 'debt' ***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1033 days.

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Received a phonecall last week from BW Legal,

as i dont do phone calls with anyone unless absolutely necessary nothign was actually discussed.

 

Received today a county court claim, which probably explains the phone call.

 

A very old O2 Account which in essence was not paid due to being made redundant in 2010.

I cannot be exactly sure of the dates

but last payment would of been made around July/ August time 2010 if not even earlier.

 

Attempted to come to an arrangement with O2, to no avail

they eventually closed the account added an early termination fee and never heard anymore from them.

 

I provide details of the claim etc below any advice woudl be greatly appreciated:

 

Name of the Claimant ? Lowell Portfolio 1 Ltd

 

Date of issue – 08/12/2016

Date to acknowledge) = 26/12/2016

Date to submit defence = 09/01/2017 (33 days in total)

What is the claim for – the reason they have issued the claim?

 

1.The Claimant's Claim is for the sum of £

2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

3.The claim also includes statutory ineterest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per anum ( a daily rate of £0.11 from the date of assignment of the agreement to xx/xx/2012 being an amount of £

 

What is the value of the claim? less than £700

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile Phone Account.

When did you enter into the original agreement before or after 2007? After.

 

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. Lowell Portfolio 1

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No.

 

Did you receive a Default Notice from the original creditor? No.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No.

Why did you cease payments? Made redundant and disputed account due to unexplained charges and costs.

What was the date of your last payment? Estimated prior to June 2010 but definately no payment after September 2010.

Was there a dispute with the original creditor that remains unresolved? Yes, challenged regarding charges added to account and refusal to accept payment plan offer.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan? Yes. Original Creditor was offered monthly payments but demanded payment of account in full and early termination fee.

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morning and welcome to CAg

 

thanks for doing the excellent ground work and researching what you need to do before posting.

good work!!

 

just one small point

you appear to have cut yourself short on the defence filing date..

and that s now amended above ..

 

if you are 100% happy that your last payment was outside of 6yrs

and within that date your not sent any signed letter that could be construed as acknowledging the debt

then i'd get on and file the statute barred defence detailed below

you don't need to send any letters or requests.

 

pop up on the MCOL website detailed on the claimform

register as a new individual user

note the long ref number given and then log in

 

select respond to a claim

select the [AOS} box

and using the details on the claimform acknowledge the claim

defend all

leave jurisdiction unticked

 

here is the SB defence:

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

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 Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

then once you have confirmed etc etc

log out of mcol...job done.

 

one other thing ive noticed

they specifically claim the mobile account is covered by the consumer credit act

quite rare for that date of mobile agreement

something I've not seen here before...

 

HTH

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Oooo O2 Refresh didn't start till 2013... And this account must have started 2009 2010?

From 2013 was when the HANDSET part was included with a CCA Agreement! Just the HANDSET!

 

My my they have shot themselves in the foot... DX you were right to question it...


 

We could do with some help from you.

 

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

 

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Receptaculum Ignis

 

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Many thanks for the replies.

Defence as per DX's post submitted online today.

Lets see what happens next.

Thanks a gain.

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Received a letter today from Northampton, Dated 12/01/2017 to be actioned by 30/01/2017;

 

 

Notice of Proposed Allocation to the Small Claims Track and the associated questionnaire.

Seems our friends want to pursue this matter a little further.

Not quite what I was expecting but there you go.

 

Completing the questionnaire appears straightforward enough,

 

 

my question would be what else do I need to do now in preparation just in case this does go to court?

Many thanks.

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Fill in the N180, print 3 copies:

 

1. To court

2. To solicitors

3. To your file

 

Nothing else to do, yes to mediation, 1 witness, thats you.


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Success of sorts claim discontinued.

Hopefully the last we will hear of this one.

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why of sorts

you've WON

 

 

2nd one today too


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Well done Phantom...thread title amended to reflect the outcome.

 

Regards

 

Andy


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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