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    • Another update - just had another round of Text messages, Emails and letters. Physical  letters still going to the old address (forwarded by royal mail). All messages were exactly the same as the previous round with threats of CCj's, Attachment of Earnings, Warrant of Execution, Bankruptcy and Charging Order. Seems to be a 2 week pattern of 1 week letter, following week email - texts seem to be a bit more randon, but always over 10 days between each one.  Not sure if IDR are working diligently behind the scenes to recover monies from me,  or are just spamming me in the hope that i stick my head above the parapet
    • Here's the Claim Form (edited for personal details) and  Defence PDF (edited for personal information). 
    • Should the amount be the figure in the particular or the final amount with fees added
    • The Defendant contends that the particulars of claim vague and are 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. 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 7.1PAPDC. 2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. 3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.  7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as 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 credit Act 1974. 9. 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 Should the amount be the figure in the particulars or the final figure with the added fees
    • post it up here first for checking please dx  
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Fridge Freezer 3.1/2 years old failed


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Back in late October 2014 we purchased an Hitachi Fridge Freezer.

One of those amazing offers reduced from £499 to £349.

 

In mid April it failed with a code (5r) being displayed.

I called Argos and was advised that I should find a company to check it out and produce a report then they would make a decision.

The mention of 3 and a half years was an obstacle I was told.

Just how hard to find someone anyhow eventually (and a mini fridge purchase later) I find a local company.

 

2 visits and 2 hours later they decided it was an exceptionally small leak over time and repaired it.

They had a charge whatever plus an additional charge for the re-gassing.

 

Come late May I write to Argos and get a fobbed off reply that I used an unauthorised company (what?!) and they offer me a £30 store voucher.

This is NOT April the 1st.

 

I then reply again and again I get a letter after a month still offering a voucher and it appears I've been 'dismissed'.

 

On Sunday 5th August and two months has passed we are back to that '5r' fault display.

The unit has totally failed and I'm in despair.

What can I do?

Edited by dx100uk
spacing

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Whilst you may be able to argue and win compensation for the fridge/freezer not lasting a reasonable amount of time without any such faults, the compensation would only be the lost amount of lifetime the product should have left. So for sake of argument the life of the appliance was set at 6 years, you would be left with only 50% compensation. You then have to factor in costs of getting an engineers report into the faults, costs of taking Argos to Court if necessary.

 

And then there is the issue of whether you used a repairer that had relevant experience or qualifications.

 

See what others say, but I am not sure it is worth pursuing, even armed with Sale of Goods act legislation applying at the time you bought it.

Edited by dx100uk
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its CRA now.

 

under those rules they had one chance at a repair [all be it , so called unauthorised, but it got done]

the cost of that should be met by argos in any settlement under a CRA claim

 

you now need to raise that CRA claim, inc those costs,

 

 

have a quick nose around for sale sites and have a look at the 2nd hand value of the same fridge from the same time frame.

 

that should give you an idea of its worth and that should ideally be the sort of figure argos should be offering you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you so much for the reply.

 

Nosed around in vain! The value 'new' is now circa £249

 

Spoke to Argos and they are telling me £30 and that's final as I had it repaired unauthorised plus 'Gassing' is considered natural wear and tear.

I gave them a dozen chances to knock money off a new replacement and they totally refused.

 

The failure is back to what it was previously - Code 5r.

I cannot believe that they would not consider their decision and appeared uninterested that I might pursue this in a CC.

 

I look in amazement at the 'wriggling' to fob me off with them saying I got it repaired so it's no longer their problem.

Is there something I'm missing here?

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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  • 5 weeks later...

Thank you all for the replies.

I decided to replace this with another one. I think way too much 'chasing up' with probably getting 'banned' from them for expecting something that was quite valid. Hopefully this will not happen again and alas the 'unauthorised' repairer never replied when I said their repair failed.

Something not to be repeated. :(

M

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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