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    • 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    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Hi,

I'd like to hear if you have had problems the same as me and if so have you been able to get DFS to do something about them?

 

 

I bought a 2 & 3 Seater Leather sofas last year and they arrived a few days before xmas 2016.

From day one there was a problem with the left hand side of the 3 seater sofa (lack of padding, seat dropping away in the corner and misalignment, where it does not match up to the other side)

 

 

on the 4th January I emailed telling them of the issues I had with the sofa.

They did reply and sent out a Service Manager on the 28th January.

He agreed that some repairs needed doing.

 

 

Thinking about it after his visit, I decided that I did not want a repair, I had paid £2500 and did not expect to have repairs done,

I visited the store where I bought it from and they said they would like me to give them a chance to put the issues right.

I reluctantly agreed on the understanding that if I wasn't happy with the repairs I wanted a replacement.

The repairs were carried out in April of this year but most of the issues were not sorted out.

 

 

Well long story short,

I have sent numerous photos, emails and made phone calls, received a visit from the Store Manager and since registered my complaint with the Furniture Ombudsman and gone through the same rigmarole again only to be told all these months later that DFS still refuse to accept there are problems with the sofa and I now have to pay out for an independent survey, as they need evidence to take it any further.

 

 

I cannot believe it, if you read the consumer law

I've followed all the correct channels but it's got me nowhere.

I even contacted the finance company but have heard no more from them.

 

I wish I'd never walked into the store and bought the sofas.

 

 

where do I go from here without spending out more money ?

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Because you registered the initial complaint in the 1st 6 months its up to them to prove their is no problems.

Just because it dragged out because of time to get someone to look at it and time for a repair to be done is not your problem, its theirs.

You dont have to pay for a report.

 

Please say you paid on a credit card! If so start a section 75.

Realistically you should of demanded a refund from the get go and not allowed them to do a repair, but that's water under the bridge now.

Write a letter to them stating the timeline. Make sure you remind them that the initial complaint was made only a couple of weeks after delivery so your within the 6 months .

Your formally rejecting the goods.

You want a full refund.

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A few years ago I had a problem with DFS and despite allowing them to make repairs the problem, stitching coming undone on all the seat pads, the problem was not resolved.

 

They eventually stopped responding to my communications and because I could not afford to take them to court at that time I published photographs of the shoddy work on the internet and sent DFS a link. I was careful what I said in the caption for the photographs and said "look at the superb quality of DFS furniture"

 

Lo and behold DFS sent someone round the next day, took the cushion covers away and returned them two days later double overlocked stitched and threw in some scatter cushions too. The problem did not return.

 

Try putting some photo's on facebook or twitter and send them the link. You have nothing to lose.

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Because you registered the initial complaint in the 1st 6 months its up to them to prove their is no problems.

Just because it dragged out because of time to get someone to look at it and time for a repair to be done is not your problem, its theirs.

You dont have to pay for a report.

 

Please say you paid on a credit card! If so start a section 75.

Realistically you should of demanded a refund from the get go and not allowed them to do a repair, but that's water under the bridge now.

Write a letter to them stating the timeline. Make sure you remind them that the initial complaint was made only a couple of weeks after delivery so your within the 6 months .

Your formally rejecting the goods.

You want a full refund.

 

Hi thanks for taking the time to answer my post.

I understand what you are saying but they have said that in their opinion there is no fault with the sofa. I did send and official letter as the trading standards advised saying that I reject the goods but they just sent me a letter saying that again there was no fault with the sofa. Through the furniture Ombudsman they have even refused to consider a small discount let alone my money back.

I didn't pay on a credit card, I bought them through DFSs interest free credit which is with a company called Creation.

So I feel unless I get a report in my favour or go and stage a sit in at one of their shops they aren't going to take any notice of me.

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Hi, thank you for your message.

It's interesting to hear about the problems you've had with DFS. My partner has already said to me that I need to consider doing something like you did via facebook etc. as a way of getting them to do something but I have to say I'm a littler nervous of going about in the wrong way. I thought If I followed the trading standards guidelines and as Sgtbush above quoted - I had the right to reject the sofas but it's not as easy as that. Thank you again for your help, it's given me food for thought.

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Hi. I've posted pictures on Facebook, but don't know how to send DFS a link. Can you help please? Thanks very much.

 

 

 

 

 

 

A few years ago I had a problem with DFS and despite allowing them to make repairs the problem, stitching coming undone on all the seat pads, the problem was not resolved.

 

They eventually stopped responding to my communications and because I could not afford to take them to court at that time I published photographs of the shoddy work on the internet and sent DFS a link. I was careful what I said in the caption for the photographs and said "look at the superb quality of DFS furniture"

 

Lo and behold DFS sent someone round the next day, took the cushion covers away and returned them two days later double overlocked stitched and threw in some scatter cushions too. The problem did not return.

 

Try putting some photo's on facebook or twitter and send them the link. You have nothing to lose.

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threads 2 yrs old jimbo you wont get seen here

start a new thread


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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