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    • when talking about liability make sure that you point out in the strongest terms that CEL's NTK is NOT  POFA compliant and even fails to create ANY liability by their failure to use the key phrases of the POFA to create a liability. Quote their NTK and show why it is cobblers with reference to the para of the Act you rely on. I know you have this a point 12 but move it up to sit with the relevant points rather than being isolated. context is important, your WS is telling a story as well as reeling out facts.   Point 8, the additional costs are only applicable to the driver and where a keeper liability is created under the POFA only the original sum on the NTK is enforceable. Courts ( Southampton and Lewes plus others) have decided that the extra additional charges are indeed extravagant as they represent more than XX% of the actual contractual charge. This invites you judge to use their formula rather than work in isolation. they will thank you for that, they like "persuasive" cases to refer to. ppints 14-16. Dont tell the court its business, this looks like commentary rather than your WS so reword it and shorten these points and drop the bit about what parliament is minded to do at some point in the future, you are dealing with a problem with the law as it is.   So get all of your siupporting docs and images together and you will be good to go. Do not rely on their pictures of signs, CEL are happy to use a computer to change the reality to fit in with thier claims of that particular day and use stock images when they cant lie.
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    • Well they would have to secure judgement in France and then have it transferred to UK – have it confirmed there and then forced. For this kind of value I can't imagine they would start.   I'm not particularly familiar with French law – but I do believe that there is a moral aspect to contracts – and so therefore the principal which is enshrined in UK statute – the supply of goods and services act 1982 – most likely exists in France. The principal being that where a price hasn't been agreed then a reasonable price will be implied. You seem to have excellent evidence that the money they are demanding is not a reasonable price. They should have engaged with you the beginning and agreed a price. Their loss
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    • Just got an email from the solicitors - not sure whether they will have sent copy in Royal Mail too - just stating that they will be relying on the evidence in their "premature" WS produced back in October last year.    This is the WS that I based my formal defence/Witness statement on .   assuming they pay their fee by July, and the case goes ahead in August, it will be a simple case of persuading the judge that their lack of credit agreement and default notice are enough to win me the case?   Sit and wait  
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WontGetFooledAgain

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

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Almost there....Barclays just informed me that the credit agreement is cancelled, and the refund of deposit paid now back in my account:-D

 

Think I'm happy to adjust claim status now...."settled" appears to be the correct option at the mo' (the other being "paid in full"...which doesn't ring true, as Sofology/Barclays have ended agreement without passing any monies to myself)

 

Again....just want to be sure, not wanting to be at home to Mr Cockup again..:oops:

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Paid in full...means the required amount plus the court claim issue fee


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yep, if they dont pay the court fee you alter the value of the claim to reflect they still owe you £70

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They've paid the court fee (#43)

 

What they didn't do, was pay the total amount as instructed on the 'court' papers.

 

Instead, Sofology have dealt directly with BPF in cancelling loan....leaves me exactly where I want to be, and not at all out of pocket! :)

 

In the end....I opted for 'settled'....seemed to best describe the outcome.

I've informed Sofology of the 'settled' status of the claim....hoping that's the end of it??

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Still unsure what you mean by " What they didn't do, was pay the total amount as instructed on the 'court' papers. "

 

But as you state " leaves me exactly where I want to be, and not at all out of pocket " thread title amended and concluded.

 

Andy


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

 

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