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    • Thank you, just received letter back " acknowledging that the account is now Statute Barred, whilst they do not consider that they have breached any law or regulatory guidelines, the account has been withdrawn from their regular collections process and closed. You won't be contacted by us our agents regarding this matter".   Thank you all for your help, nice to finally get it settled.
    • The points are that you believe that a person or court hearing a Statutory Declaration has the option of rejecting it if he or they believe it is untrue. You must presumably believe that the person or court has a duty to question (perhaps more properly, cross-examine) the person making the declaration. You started by saying this about the declaration as a whole then went on to concentrate on the 21 day rule. I asked you to let us know how you have arrived at that conclusion. In particular I asked why you had provided specific advice to the OP in the original thread (a) that she was likely to be questioned about whether she really did not know of the proceedings at all and (b) if she did not know at all, that she was likely to be questioned about whether she really found out less that 21 days before she makes her SD. I suggested it was unwise to warn the OP of something which would not happen. As far as I can recall you suggested that S14 of the MCA provides for SDs to be rejected if they are not satisfied as to its truth and I asked you to show me where the legislation is that provides for this (because it's certainly not in S14).   The position is that a Statutory Declaration must be heard if made within 21 days of the defendant finding out about the conviction and it will be accepted unchallenged. If it is made outside 21 days the defendant states why as part of the declaration. If the court agrees that the reason it was late (as stated by the defendant and without challenge) is acceptable it will hear the Declaration and once it is heard it will be accepted without question. For the final time, the making of a Statutory Declaration is not a court hearing and apart from being satisfied, in the case of a late declaration being made, that the reason (as stated by the defendant) is acceptable, those hearing it have no discretion but to hear it and sign it to say they have done so. No orders are made; no decisions are made; no discretion is available (apart from the 21 day matter I mentioned).   To emphasise the difficulty your misleading information has caused, the latest post from the OP on the original thread says this (when considering her court appearance on Wednesday):   I am hopeful that they will accept that I knew nothing of the earlier proceedings...   She should not have no worry about that because the court has no option but to accept her declaration that she knew nothing of the proceedings. However, because of your advice she has. I am, once again, about to allay her fears on that score and it would be useful if you didn't tell her otherwise.    
    • So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford?  Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 
    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 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 Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
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I ordered some fresh fish online ,

how easy was that I thought,

took my order then gave me a collection date with a 2 hour window at Billericay branch.

 

 

I made my way through the marauding hoards on a Saturday after queuing to get into their car park to pick my Kipper cutlets I was cooking for a large breakfast.

 

 

To my surprise my fish seemed a little light,

so I checked to find £5.10 worth of fish,

 

 

I asked where the rest was to be told they only get told of the order the day before,

is this not a system fault ,

yes was the reply.

Oh well that's ok then!

 

All was good as stopped off to the local church on the way home to enquire how I could make fish for the masses a la Jesus, but they were shut.

 

I'll write a letter of protest to my friendly Waitrose customer service.

I was lucky to get Fiona Bristoll WOW nothing was too much trouble seemed to be her mantra, but that's what I got NOTHING!

 

Fiona told me it was all my fault as I'd bought in bulk and the system couldn't deal with that, and I should have ignored the date I was given to attend and ring them and give them notice.

My crystal ball was in for repairs ,typical!

 

I know I'll ring them as the 'customer is always right' hasn't filtered down to Fiona,

I rang and was put through to another member of the team,

 

 

I recounted my adventures and after 5 minutes was told he couldn't help me,

it was nice talking to him though, friendly chap.

 

 

I was put on hold for several minutes to talk to a floor supervisor,

but that was OK as I had nothing better to do and the lift music was quite funky.

 

 

I was answered by another friendly lady,

I explained (again ) that all I required was notice that the item would be ready to pick up,

cant do that we don't do live stock updates, should you not?

 

 

I enquired, its impossible you should have contacted the store and sorted it out with them ,

of course I should have ,

but wouldn't that negate the need for an online service if I should just deal by phone with the store, just a thought.

 

Told me she was sorry several times." It happens all the time with bulk orders",

I repeated to her from the previous customer service agent ,

yes with bulk orders it often does,

shouldn't someone be told so that so it can be corrected? I naively asked,

 

 

I'll put you through to someone else that can help,

lovely I said cant wait, no rush, really getting into the hold music now ,

quite disappointed when it was interrupted 5 minutes later by Kieran (not as disappointed as would be 10 minutes later)

 

through to the head honcho ,

the main man,

the big cheese.

 

 

He hasn't risen to the heady heights of customer service by fobbing off customers I thought,

so Kieran wanted to hear it from me,

no problem as I had know learnt my patter off by heart,

so off I went and disclosed all.

Ahh said Kieran I see the problem!!

 

You should have read terms and conditions, ahh he hadn't understood bless him ,

I ill explain that the system took my order,

I entered my £47 payment ,

told to pick up order, but order not ready.

 

NOPE definitely should have read terms and conditions,

Kieran I asked ,

man to man ,

 

 

do you read the terms and conditions on everything?

Yes I do, he proudly declared,

 

 

Kieran I don't really have the time to do that when all I want to order is some fish,

and I don't suppose most of your customers do .

 

 

We have 1000's of happy customers I was told,

( they must read the terms and conditions I suppose),

 

 

But wouldn't it be simpler if the computer just 'said no' and I could get my order elsewhere?

No I was vehemently told by Kieran no retailer in the world could do that.

Not even TESCO I tentatively ask, No not even them ,

 

 

I do my shopping with them said Kieran (I was beginning to understand why) and they cant do it.

 

 

What you should have done was put it in comment section of order what you wanted them for, that it was for a PARTY. AHHHH THAT WOULD HAVE GOT MY ORDER COMPLETED I declared .

 

No but at least they would have rung you to tell you that it couldn't be done, stupid me.

We chewed the fat for a while which was ironic as it was all I could offer my guests !

 

 

We do try our best, and if its not available we try to offer supplementary items,

But I only want my kippers,

I said trying to stop my bottom lip from quivering,

 

 

I started to feel I was in an episode of Fawlty Towers with Kieran doing a passable impression of Basil.

There's nothing I can do, terms and conditions , you do understand,

 

 

I didn't really but as stubble that had grown while hanging on the phone was itching and needed shaving I meekly accepted that it was all my fault ,

 

 

I should have read terms and conditions,

I should have ignored everything the online thingy told me ,

I should have rung the store,

I should have been realistic

( as Kieran pointed out)

and accepted there was no way the store could get that amount of fish in at short notice,

 

 

it was all my fault (he was good, this fella, I started to apologise to him for wasting his time).

 

One last try ,

is there really nothing that could be done to smooth the online process, really ?

We can put me on the moon I helpfully explained,

 

 

We cant always get it right, no I agreed, but here's something that will make you laugh Kieran,

it happened last time I ordered ,

oh how we chuckled,

I think I even heard Kieran slap his thigh.

 

 

He felt my pain, he knew I'd been treated badly ,

he knew I'd wasted my time talking to several advisors and emails,

he knew I was talking common sense, I was readying myself ,

maybe they will send me my order?

maybe ill get a discount?

 

 

I now knew how they felt on Deal or no deal, there was a silence I could hear Kieran's intake of breath ,

I readied myself £10 off your next order triumphantly declared,

 

Kieran I said take your £10 and ..............

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.... and put it towards an order of fish, provided it is only £10's worth, and not £47's worth??

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Waitrose supply chain is pretty weak. My local store is quite big, yet they very rarely have all of the special offers they advertise on their website. They even do deliveries from the store, but apparently they quite often cannot actually deliver what is ordered online, as the store does not have the stock. The Waitrose online ordering system is unable to actually check whether the store arranging the delivery has the items in stock. I have ordered from the nearest Tesco superstore and only had a substituition on a couple of items. Tesco also quite often provide a better item when they substitute.


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Which is probably why there main customer service manager shops there!!! They honestly didn't see that there was a problem, even though it happens frequently!

Why wouldn't the local store contact me at the very least to tell me they didn't have it in stock but I could pick it up another time? I could have bought less but the online website said I had to spend £40 minimum!!!

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