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    • Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?
    • Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time.   What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
    • Hi everyone    ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently.   i want to ignore it but I’m not sure that’s the best thing to do?   i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files.   I have no idea what these people want and this is the 1st contact.    can someone point me in the direction?   thanks    mike 
    • I've been reading up on cases, especially the HSBC vs. Carey. Am I missing something?  It appears to be the conclusion that the decisions in this case meant that regardless of what date  credit agreements were entered into, a claimant no longer needs to produce a signed copy - or even original copy.  It appears that a reconstituted copy of agreement is acceptable by a court and any judge that seems to be swaying towards using it as a reason to find against a claimant could easily be reminded or prompted by their solicitor.  How do I defend my case to be any different?  It will clearly be a case of :   It looks like you probably had a credit card. They've produced a copy of original agreement and added your name and address - so that's good to go. They've got a statement showing a balance outstanding. Therefore, game up - why are you even bothering to defend?     I am working on my "Formal defence"    Can I just ask for some "bullet points"   So far - my main arguments will be that the requested "credit agreement" is not a credit agreement - it is a barely legible application form - which does not bear any account numbers which correspond with the statements produced by the claimant nor match the agreement number included in the original claim (POC).  Secondly, as helpfully highlighted by DX, their WS is relying on a screenshot of "the claimant's predecessors system screen" to show that a default notice was issued on 08/06/2010; clearly there is no copy of said Default notice. Other items I have up my sleeve - should I include? - are the discrepancy in the amounts owing between the Assignment notices - Lloyds stating a figure in excess of £6k (dated 29/6/19) and a letter from Hoist informing me of this assignment but stating an outstanding amount of £4.5k (the amount of the claim).  Clearly, the lack of reference numbers - i.e. their claim does not match the 16 digit credit card number shown on the numerous statements they have included in their WS. And do not match a number shown on the blurry application form. Also, the application form is dated 1998, the first statement they provide is 2010 - can I use this gap/lack of evidence in my favour? I notice on my "illegible" application form there was a reference to "credit card payments insurance" (I assume this is PPI) - during my research, I'm sure I read that any t&c provided should also include this - I notice their seven added pages make no reference to PPI - which even if I didn't take it out would surely have been needed to be included?   So - just to summarise - is it the "poor quality credit agreement"; the fact that they haven't even declared that they are producing reconstituted copies of t&c and the lack of default notice having been issued - well lack of copy?   On the flip side - where do I stand in terms of the payments I was making - allegedly to this account - via Robinson Way? Is that a case of acting dumb/naive?   Thanks very much everyone.   Barafear.    
    • it sometimes takes a good while for all related entries to be removed.   dx
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Lyeskoubi

Faulty Tumble Dryer - House Fire (Any Advice Would Be Helpful)

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Dear whom this may concern,

 

Cut a long story short.

 

I purchased a tumble dryer from Argos it became faulty

l had a replacement under warranty believe it or not it happened again

 

I received another replacement then the 3rd machine set my house on fire and made me and my family homeless.

 

The manufacturers insurance company hired a fire investigator 'hawkins' so they can conduct a report

 

after months of chasing the insurance company they have told us that the report says it could have come from outside or inside the machine they will not pay a claim.

 

Me and my family lost everything there is a initial fire report that the London fire brigade took when the incident happened that mentions the fire was caused by the tumble dryer.

 

If anyone can help with some advice or what rights I have it would be greatly appreciated

 

I believe they are diminishing their rights

I can't believe they are not paying a claim.

 

Thank you

 

Lyes K.

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Sorry I don't understand? What do you mean...

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If the fire brigade report specifically says that the tumble dryer was the source of the fire, you have the best piece of evidence to produce in a county court claim.

I suppose Argos or their agent have the tumble dryer and most likely they won't make it available for a further independent inspection.

This plays in your favour: Fire brigade report and their own biased report saying that tumble dryer"could" be the source of the fire is very strong evidence imo.

Send them a lba and after 14 days issue a claim if they don't respond positively.

Another solution could be to claim through your home insurance and then sue Argos for excess and uninsured losses.

There were a few articles some time ago about tumble dryers catching fire, so if you dig them out and check your model number you might be able to point out to Argos that they should have recalled your product.

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The onus is on yourself to prove the loss. The Fire report in my opinion proves this. They have tried to counter this proof by commissioning their own report, which Hawkins have advised "they are unsure where the fire originated from." They have not provided a valid defence to your allegations. Have you seen a copy of the report. It is unlikely for the Engineer to have absolutely no idea - they will usually advise in their opinion "on the balance of probabilities" where the fire originated from.

 

Personally, if you do have home insurance claim off them. You will get items new for old and let them sort out the issue with Argos. Otherwise complain via the ombudsman. I would be waryu of claiming through the courts initially as this would be a long process - I imagine that your losses are pretty substantial so could be a multi track claim..


Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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