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    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 2. Costs Defence   1.The Defendant contends that the particulars of 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.   2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. On the alternative, if the Claimant is an assignee of a debt, 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 1974.6.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. (Defence mainly taken straight from Micky the Hippo's similar defence)
    • On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 
    • The letter from Drydens is asking me to respond to their letter:   "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."   Obviously I don't want to ignore it. 
    • 2. within 28 days from the date of service of this order, the claimant is to file and serve a copy of the agreement and guarantee referred to in the particulars of claim and reply to the defences field   The claimant has been ordered to send you a copy.
    • From your upload page 6......points 6 and 9  and 10.
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Hi I purchased a washing machine for the Very catalogue in October last year, February I noticed a number of my clothing items had pulls in them but put it down to wear and tear

 

Last week I put 5 x under armour tshirts in there and its ripped them to shreds. I phoned hotpoint who sent and engineer out, a few days before he arrived he phoned me to say it probably needed a new drum so would I change the appointment until the drum had arrived, I had no problem with this so the appointment was changed.

 

The day the engineer turned out he said he was just going to change the paddles I asked where the drum was and he said he did not have one!!, he had no idea what I was talking about when I told him of the phonecall I received but he said it was not a problem as it was the paddles ripping the clothes, I was happy with his explanation so he changed the paddles and left.

 

The next day I put a wash on and as you have probably guessed it ripped my clothes to shreds again! I have contacted them and they want to send another engineer out I have told them no I want a new machine, its caused 100s pounds worth of damage and I am not willing to have it fixed again. I am currently waiting a response from them

 

I guess I just want to know where I stand with asking for a new machine, the machine is only 8 months old I am really not happy having it repaired again

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your claim is against the retailer very under cra..


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ok, so I phone them and ask for a new machine? and am I within my rights to demand a new one?

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You should have gone to the retailer 1st

 

Its been repaired once ..now should be replaced or refunded [ but wont be full price paid as you've had it 8mts

 

But you 1st reported issues within 6 mts so no costs to you

 

Read cra


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It is approx. 8+ months between purchase and first report of any damage.

I think I might consider relying on manuf 12 month Warranty.

What is the Model of the w/m?

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Hi its hotpoint, I have been dealing directly with them

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That's the Brand Name, not the Model No.

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model is wmAQF 721

 

Received a call today from claims depratment asking for photos of clothes or they could just offer me a good gesture of £50. told them no sent pics of clothes

 

they booked an engineer to call today, I cancelled, I want a new machine now its been fixed and the problem still there.....waiting on a response

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Sounds promising


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

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email received today from claims department today offering me £80 for the clothes......told them to take a run and jump!........4 tshirts alone ruined in March purchased In april worth £220......they reminded me they were not an insurance company so can only offer a contribution.

 

Also received and email from CS who said they cant do anything about the machine until the claims department has finished, I dont understand this, I need a machine, why do I have to wait for the claims department....

 

Any advice?

 

p.s I still have receipts for t shirts and all the pics of damage

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they say that because they really dont know anything so are hoping you are satisfied with that kicking of the ball into the long grass.

 

a letter as a pre-action protocol to their CE who is aidan Barclay,at 1st floor, Skyways House, Speke rd L70 1AB giving referece number for purchase and lay out exactly how much you want and why so £xx for faulty washing machine and £YYY for replacement of damaged clothing caused by the single use of the machine on (date).

 

Say that you expect to receive an acceptance of the liability or a denial and a lawful reason as to why they arent liable within 14 days of the receipt of this letter or civil action wil be taken to recover the losses caused by the faulty machine.

 

Say that you also expect them to make arrangements to remove said machine or you will bill them for its disposal.

Edited by dx100uk
spacing

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I have resent all photos with labels showing along with a completer timeline of events, also supplied Receipts for the 4 tshirts that were purchased in February and worn and washed once, I never sent them pics of underwear nightwear or towels etc just told them that numerous items had been ruined

 

Told them I would accept an offer of £300, which I think is very fair, and also to get a move on with on as they wont return the machine until this claim is dealt with, if this fails or they start to mess me around I will take the above advice, it took me 2 hours to do this today, as well as the hour I spent the other day, its time I dont have.

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and who did you send them to? If it wasnt the CE then it wont get a decision. Stop talking to the parrot and tread on the owners toes All you have doen is wasted 2 hours of your time by your own admission

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messing me around..........

 

Customer service say they cant replace or fix machine until claim is settled, claims department says they cant settle claim until machine is replaced or fixed

 

can I send a pre action protocol by email?

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yes,

but I would send it as an attachment so it can be forwarded to the correct person when the CEO's office asks legal to look at it.

 

you will then get a third ddepartment to try and soother things but as long as you have made it clear what you expect and why then thery will either accept or deny your demands.

 

So keep the list as simple as possible so cost of washing machine plus x items of clothing with a total value of £yyy.

No need for receipts or pictures, that is for court of they are dumb enough to not want to settle.

 

tell them when you expect a response by and then when you expect apyment so response within 14 days and payment within 21 days or off to court it goes and then you will be after incidental costs as well.

Edited by dx100uk
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where did you find info about CEO I have been searching. cant find anything, looking for email address

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ceoemail.com


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

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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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amazing they have removed the actual CEO E-Mail info, but inserted department managers?

 

 

Very

 

Mr Sasha Berson Customer Director

 

Email sasha.berson@shopdirect.com


:mad2::-x:jaw::sad:

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Very.co.uk, Littlewoods.com and VeryExclusive.co.uk, has appointed Henry Birch NEW CEO as from 2018 May 4th

 

very obtrusive no E-Mail as yet, must be because everybody has complaints against shop direct????


:mad2::-x:jaw::sad:

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Shop Direct Lauren Young 07919 228622

 

Brunswick Eilis Murphy 0207 404 5959

 

Bondholder enquiries

 

Shop Direct Will MacLaren will.maclaren@shopdirect.com


:mad2::-x:jaw::sad:

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