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SOFOLOGY giving me the run-around. Any advice please?***Settled***


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Just been reading up, and realised I should tick NO for interest required....then I don't need to consider the 'fields' I referred to earlier...:roll:

 

....and coming to the conclusion that it might be better to drop BPF from the frame, and just stick with Sofology??????

Edited by WontGetFooledAgain
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Found this on MSE forum...

"At the end of the day the case itself is not prejudiced by involving the courts too early. If the courts rule that the defendant owes you £50 then they owe it to you irrespective of the early issuing. That said, the defendant can petition the court that you were unreasonable prior to the litigation (eg giving 14 days in a letter but issuing after 10) and therefore that despite the fact you've won the case that you must carry the costs and may be deprived of interest charges."

 

was hoping it would come down to losing my court fees.....???

 

Can live with that.....if it's the case?? :oops:

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They could use the argument that you have denied any sort of negotiation prior to issue courts paper.

True, if you have to win the case you will win it, however judges are not impressed when pre action protocol is ignored and if I don't remember wrongly, a member here won the case but was ordered to pay other party costs.

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So...I cancel this 'case'....lose the £70....then start another when the 14 days have passed.

 

If that's the way it's got to be.....:|

 

Is there a procedure for cancelling....somewhere you can point me?

 

Thanks BTW....I got myself in a bit of a spin this week with all of this!!

 

PS.....what might their defence be?...I'm struggling with that if the 30 day rule applies!!

Edited by WontGetFooledAgain
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No need to cancel the claim...speak to MCOL and explain what has happened...you may be able to make an application to extend the service....pursuant to CPR 7.6

 

Regards

 

Andy

We could do with some help from you.

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Nothing is off the table until court hearing.

If they offer to refund without paying court fees, it's up to you to accept or not.

Worst that can happen is that they offer you a refund and you refuse as you now want court fees.

Judge MIGHT impose that you pay their costs as you have not followed the pre action protocol.

So if they want to refund minus the court fees, take it.

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....spoke to MCOL....too late....only choice is to cancel...or leave as is!

 

If I leave ..as is.......what's the worst that could happen?

Is the chance for Sofology to refund/collect off the table now??

 

MCOL staff are not allowed to offer advice...and possibly never heard of or understand CPR 7.6....I would just leave it as it is.

We could do with some help from you.

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Thanks Andyorch....the lad I spoke to was very quick to say there was nothing to be done once I had pressed the button.

 

Bit of an update:

 

Barclays got back to me this a.m. as part of the sect75 claim I started with them on 22nd November.

 

They are saying:

"Please be aware in order for the retailer to accept rejection they are within their rights to complete an inspection, is this something you would re-consider? "

 

Are they correct...does this override my right to short term rejection?

 

Should I feel wobbly??!

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We could do with some help from you.

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The bit that leaps out to me...is:

 

"Early Right to Rejection

• If a fault is discovered within 30 days of receipt of the goods, the consumer may reject the goods and seek a full refund."

 

(Which is where BankFodder came in post #2!)

 

So Barclays are fibbing.....or just don't know the rules??

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Section 75 process does expect that both parties exhaust all avenues of resolving a problem initially...let them come and inspect it if they really want to...does not alter the time frame or your rights.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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RESULT..........!!

 

Sofology got the court papers today.....and called me up at today!

 

No mention of receiving Court papers too early....which surprised me.

"Following receiving your court claim form, we have decided to go ahead with a full cancellation and refund to save you the stress and inconvenience of a court case. " (Bless 'em :-D)

 

They've paid my £70 court fee......arranged pickup for Sunday....and say that refund of deposit paid (and cancellation with BPF) will go ahead on Monday.

However...they want me to inform the Courts that the case is settled...and to do it now!!

 

Happy to settle on the MCOL page.....am I putting myself in a daft position by ticking the 'settled' box at this stage?

(....think I know the answer to this!!)

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Do not withdraw the case until you have your money and let them know that you won't cancel.

Just a simple email:

Dear Sofology,

I note the content of your communication and as agreed i expect collection of your sofa on (date), cancellation of finance agreement and refund of deposit (£xxx) on (date).

Regretfully I will not be able to cancel the court case until all your promises are fulfilled.

I will withdraw the court case as soon as this matter is fully resolved as you promised.

Regards

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As above :wink: But well done.

We could do with some help from you.

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Thanks king12345 and Andyorch.......

 

went for...."I refer to our earlier conversation, and email below and I expect collection of your sofa on 23rd, with subsequent cancellation of finance agreement and refund of deposit.

 

I will be happy to inform the Court that the matter is settled after I hear back from you on the 24th. To do otherwise would effectively mean be a lie to the Court, which is something I'm not prepared to do.

 

Should an alternative earlier collection time become available, I'd be happy to fit in with that, and enable a swifter arrival at a final settlement time."

 

......I'm sure that Sofology wouldn't want me to lie:roll:

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I personally would have gone with the above (Post #44)...lot more professional and business like........lie to the court ?????

We could do with some help from you.

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Well....questionable choice of (my) words aside....looks like it's all over!! :)

 

Sofa was collected this afternoon....and re-payment of my deposit initiated.

They've even stopped asking me to mark claim as 'settled'...and accept that I'll be waiting for everything to 'clear' before I do so.

As Borat would say...."Great Success".....

 

BTW....when the time comes, is it just a matter of ticking the 'paid' button in Claim Status Options??

 

Once again....huge thanks for all your help with this....it's a great forum!!!

 

Merry Xmas....and I've made a donation through Paypal

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aw thank you

let us know when its concluded in full

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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