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    • Just an update on Celticheart37 versus Barclaycard.   On the claim for my late Husband's PPI, Barclaycard have responded saying they have been unable to locate a PPI Policy . They say he held his card since 1979 ( not the late 1980's as I had believed) which means that PPI did not exist and that is fair enough. I accept that PPI did not exist in 1979 so couldn't have been included. So that is the end of that one.They could have told me that at the beginning rather than let me search for proof that would not exist , but never mind.   On my own Barclaycard claim for which they have offered me a refund  "based on averages", I have sent a SAR requesting my statements back to 1993 when the account opened,so hello 12345 I will post an update when I get a response and let you know how far back  they were able to go !   Celticheart37
    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
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Steampud

What are my rights for a faulty watch from Designer Posh Watches online after 3 repairs?

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I bought my son an Armani watch for his 18th birthday last November.

Within a few weeks it was not keeping correct time.

 

 

I emailed the company who said I couldn't get a refund as it was longer than 14 days since I received it.

I sent it off to be repaired.

After a few weeks it returned only to go wrong again.

 

 

I sent it back waited a couple of weeks emailed and got it back.

Again, after a few days my son noticed the hours hand was not on the correct position particularly obvious on the hour.

I contacted them and again sent it back.

 

 

It came back yesterday and the hand is still not correct.

This time I have included some photos to illustrate my point and asked for a refund as I feel this has gone on long enough.

 

At each stage from purchase to now I have had to email them asking where the watch was.

I've been told I would be contacted within 24/48 hours and then waited 2 weeks with no contact.

 

I need to know what my rights are and I hope somebody here can help!

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Please will you let us know who the supplier is.

 

They were completely wrong that you only had 14 days to return the watch. If the fault had occurred within the first 30 days then under the Consumer Rights Act you had the right to assert your short-term right to reject and that means that if you had told them that you are rejecting the watch because of the defect then they would have been obliged to refund you or to replace the watch – at your choice.

 

I gather from what you say it to it is still within six months. If a defect occurs within six months then if the repair fails then they are required to give you a full refund or replace the watch – at your option.

 

It sounds to me as if you have put up with more than enough. Where is the watch now, with you or with them?

 

If it is with you then write them a letter and enclose the watch – send it proper insured registered delivery and tell them you are now rejecting the watch and you want a full refund under the Consumer Rights Act.

 

It will be up to you to decide what action you want to take if they refuse to respect your rights. Frankly the only thing to do would be to threaten legal action. However, if you make this threat then you must carry it out. It's not worth bluffing.

 

If you are not prepared to begin a legal action in the Small Claims Court in the County Court then frankly I'm not too sure what you can do.

 

Bringing a small claims action in the County Court is very straightforward if you let us help you and you read around a bit and make sure you know what you're doing.

 

Don't imagine that you will get your money back immediately. You will have to issue the court papers. You haven't told us the value of the watch but you will have to pay this fee. It is very possible that once they receive the court papers that they will put their hands up and refund your money plus the fee. If they still decide to be stupid then you may have to pay a hearing fee and to be prepared to go to court. If you win, then you will get your fees paid, the money you are claiming, and any other reasonable expenses incurred such as telephone calls, postage, et cetera. You will also get a small amount of interest on the sum which has been owed.

 

On the story that you have given is here, I reckon that your chances are much better than 95%.


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Thanks for that! I am in possession of the watch currently but I have just heard from the company, Designer Posh Watches http://www.designerposhwatches.co.uk/ , (Yes I know!) offering to replace the watch completely, it cost about £100. I am going to accept this and hope it is the end to the story. If not I shall be back and following your advice.

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Good. Well done.

 

Make sure you keep all records and paperwork. I suggest that you take a picture of the watch before you send it back and make sure that you send it back so that it is insured and tracked.

 

 

It's a shame this kind of thing happens. You give an 18th birthday present and it really should go through smoothly without anything to ruin the meaning and the memories of it.

 

I notice that this company seems to have a few poor reviews around the Internet. I suppose that they've got lots of satisfied customers, but clearly sometimes things go wrong and they don't seem to handle it very well.


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