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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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CamMoreRon

Fabric purchased online from France never arrived, seller now ignoring emails

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Hi all,

 

Back in May, I ordered some fabric from an online store (Tissens) in France which never arrived - the tracking info said there was an issue with the address being incomplete.

 

I contacted Tissens' customer support at the beginning of June and they responded saying they would investigate and asked me to confirm my delivery address. I did this and heard nothing back for a further 6 weeks. When I chased it up, they eventually responded to say the shipment had been returned to them, and that if I wanted it shipped out again I would need to pay 14.5EUR.

 

I asked for them to confirm the delivery address on the shipment, as I had ordered from them before with no issues and my details were all saved on an account with them. A further week went by with no response, so I checked the invoice and found it had the correct address, meaning the problem was at their end.

 

I finally lost my patience and wrote:

 

Hi M*****e,

 

I'm really disappointed to not have a response from you.

 

I have checked the delivery address I entered when placing the order and it is 100% correct, and also identical to the address used on a previous successful order. So if there has been a problem with the address, it has not originated from my side and is either an issue with you or the shipping company.

 

Under the UK's Consumer Rights Act 2015 (which applies to purchases from other EU countries) the trader (you) is responsible for the goods until they are delivered to the customer (me). If the goods are not delivered to me within 30 days, I have a right to a full refund - with no charges or fees applied.

 

I would prefer to have the goods I ordered shipped to me, but this will have to be at your cost, not mine, as you were in breach of contract by not supplying the goods within an acceptable time period.

 

However, I will accept a full refund of all costs (i.e. items, shipping, and taxes) so I can place the order again.

 

I really do not enjoy having to speak to people like this, but I have been very patient for over 2 months and got nowhere.

 

Please respond as soon as possible.

 

He responded that day saying he would speak to his manager and get back to me.

 

A week went by, so I chased up for a response.

 

A further week went by, so I asked for a response again.

 

A further week went by, so I have (today) chased up again to say I need a response by COB tomorrow or I will take things further.

 

I just want them to post me the fabric I ordered, as they are the only company worldwide who supply it. I'm not sure whether I can still reverse the transaction, but if I do I'm nervous that I will be black-listed and never be able to place another order.

 

What can I do?

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How did you pay for the fabric?

 

To be honest, it's likely that the company won't deal with you again anyway, so you may as well just get a full refund.

 

Can you get a friend or relative to buy the fabric again on your behalf (and have it sent to their address, obviously).

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It was paid by debit card online.

 

I've just ordered again to a relative's address and will look in to reclaiming my original purchase with my bank.. I'll update this once I've spoken to them.

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yes do a chargeback

 

dx


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I dont know about France but in some countries if the delvery address and the cardholder address are different the bank wont process the payment and the company supplying the goods gets billed for the failed payment even though there isnt actually anything wrong. French postal system is also very off, returning things becasue they feel like it or the wrong postcode when it isnt wrong so your original parcel may have never left the country to even attempt delivery. Other countries are worse though, Italy for example

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Sweden are just as bad. I live in Sweden and have the misfortune to experience their incompetence.these were parcels sent to an address within Sweden.Anything abroad I send by DHL no trouble yet

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