Jump to content


WontGetFooledAgain

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

Recommended Posts

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

Share this post


Link to post
Share on other sites

Think I pressed the button too soon....

 

Sent LBA on 8th....giving 14 days...then completed on-line process this morning,

Now realising I've moved before the 14 days was up....

 

Aaaaghhh....where does this leave me please??

Share this post


Link to post
Share on other sites

You have not waited for the 14 days, so you have not satisfied the pre action protocol.

Giving ammunition away for free.

I don't know if you can do anything short of withdrawing the claim and start another one once the 14 days are up.

Share this post


Link to post
Share on other sites

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:

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Yo!!...sounds worth a try...

Will have a go ....suppose it's goung to be 1st thin Monday morning:-D:-D:-D

 

Thanks for't heads up! (think Yorkshire accent...)

Share this post


Link to post
Share on other sites

....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??

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Much appreciated king12345!!

 

TBH....I'm quite happy at (the prospect of) losing my fee to the court in order to cut Sofology loose :-)

 

Will get back if/when there 's a development.

Share this post


Link to post
Share on other sites
....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.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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??!

Share this post


Link to post
Share on other sites

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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??

Share this post


Link to post
Share on other sites

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Whatever you do, do not go to the Ombudsman or you will end up wasting a year, keep the sofa and no refund.

Go down the legal route or section 75

Share this post


Link to post
Share on other sites

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!!)

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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:

Share this post


Link to post
Share on other sites

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.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

aw thank you

let us know when its concluded in full


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

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...