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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   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? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   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 HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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theberengersniper

Ceiling paint damage, Dunelm offer compensation but only to decorator

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Hi all,

 

About 12 months ago my partner and I bought three ceiling lights from Dunelm and fitted them using the recommended bulbs. Over the past 12 months dark stains have appeared on our ceiling above each bulb.

 

A sample light was sent back to Dunelm who investigated the issue with the supplier and eventually accepted liability, offering to pay to have our ceilings repainted.

 

This is all great and we're happy with the service. We obtained quotes and sent a middle-of-the-road quote to Dunelm for approval, however they refuse to send me the money, instead insisting the money is paid directly to the decorator we contract to do the work.

 

I have a few issues with this. It's not the decorator who has suffered a loss, we have, so why is not us who are compensated for an agreed sum? Second, I have never paid upfront for any work in the past, which appears to be what Dunelm expect me to do in effect.

 

I guess my question is, is there any basis on which to insist it is me who is compensated, leaving me free to contract whomever I wish?

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Hi all,

 

About 12 months ago my partner and I bought three ceiling lights from Dunelm and fitted them using the recommended bulbs. Over the past 12 months dark stains have appeared on our ceiling above each bulb.

 

A sample light was sent back to Dunelm who investigated the issue with the supplier and eventually accepted liability, offering to pay to have our ceilings repainted.

 

This is all great and we're happy with the service. We obtained quotes and sent a middle-of-the-road quote to Dunelm for approval, however they refuse to send me the money, instead insisting the money is paid directly to the decorator we contract to do the work.

 

I have a few issues with this. It's not the decorator who has suffered a loss, we have, so why is not us who are compensated for an agreed sum? Second, I have never paid upfront for any work in the past, which appears to be what Dunelm expect me to do in effect.

 

I guess my question is, is there any basis on which to insist it is me who is compensated, leaving me free to contract whomever I wish?

 

It is pretty standard for companies to pay a contractor for which an estimate has been provided. You have asked for your ceiling to be repaired and Dunelm have offered to pay for this to be done.

 

I am not sure you can insist on cash, as it is up to Dunelm how they want to deal with it. It is not as if you can take them to court and win based on method of payment.

 

Speak to the contractor to see when they can do the work and then liase with Dunelm about when they will pay for the work. You might find that the contractor cannot do the work at a date/time that is convenient to you and you can see if Dunhelm will pay you the estmate in cash so you can find another contractor who is available at a more convenient date/time. Unless you show effort in seeing what works, then Dunelm think you don't intend on having the work done and you just want the cash.


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It sounds like you wish for the cash rather than the repainting of the ceiling, if you want the ceiling repainted by the decorator what is the issue?


It is easier to enter a rich man than for a camel to pass a needle

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The issue is primarily that I have never considered it a good idea to pay a tradesman in advance of work being carried out, there is no incentive to complete the work to any particular standard. If I were the one in control of who gets paid and when I would feel like I had some sort of control over the quality of the work being carried out. As it stands, my fear is the decorator knows this is a quick and easy job, turns up, slaps some paint on and then disappears knowing full well he's got his money and has technically done what he's been contracted to do.

 

Thanks both for your comments. I realise it sounds like I'd rather pocket the cash however that is not true, I'd simply rather be in control of who was working in my home and to what standard.

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Yes you could insist on the cash, but on the basis that everybody seems to been so positive and so helpful, I think it might be in your best interest to go along with it.

 

I don't understand why you feel that this means that your painter will be paid in advance. I agree with you that it would be a very bad idea.

 

What I think it does mean is that you will pay out of your own pocket and seek reimbursement.

 

I think that what you need to do is to get them to agree that they will pay within seven days of receiving the bill for the work.

 

If you wanted, you could cause trouble and insist on having the money paid to you, but they might balk at this and you might end up in conflict and also delaying a situation where by and large it's unnecessary.

 

Stand on your rights? All stand on the most pragmatic solution?


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It is like when you make an insurance claim the insurers make you go to one of their approved suppliers and choose a replacement item rather than handing over the cash. They are obliged to make good, not pay you money because you asked for it. You could always ask them to buy you a tin of paint and you will collect it from your nearest store. In short, they are paying for something and they want to make sure that waht they are paying for is what they actually get in return for their money.

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PS, they will claim the VAT back from the painter, you cant do this for them

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Get the cash, paint the ceiling yourself.

 

H


40 years at the pointy end of the motor trade. :eek:

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