are we getting there now .thks
The Defendant contends that the particulars of 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.
the claimant replied to a request made under a pre action protocol letter of claim and a Consumer Credit Agreement request , pursuant to s.77 of the Consumer Credit Act 1974 )request made on 19/11/2018
the reply contained incomplete reconstitutions and with with documents missing from the list in my request
a cpr 31.14 request was made to the claiments solicitor on 02/06/2019 which the claiments solicitor has refused stating cpr 31 does not aplly even though no track has yet been allocated
1- The Claimant claims £657.10 is owed under a regulated loan agreement with money in advance r. I did not recall the precise details and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply.
2-the Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from either the Claimant or money in advance
3 The claimant has produced a reconstituted version of the original agreement , it is considered that this is not a true copy of the executed agreement as it is
the claiment has yet to produced a copy of any legal assignment of this debt
4 It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:
a) Show how the Defendant has reached the amount claimed for
b) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.
c) Show how the Claimant has the legal right, either under statute or equity to issue a claim.
d as per Civil Procedureicon 16.5 it is expected that the Claimants prove the allegation that the money is owed.
There's a difference in buying a car privately or at auction, and buying one from a retail seller, regardless of the price. buying from a dealer you have certain statutory rights as a consumer, and you pay a premium for the supposed benefit of buying from reputable source.
An engine management light could be a minor problem, the issue here though is that the seller delivered the car with the light on, then dumped it and made a quick exit, that gives a fair idea of his attitude to customer service. If the engine management light came on while the car was in the process of being delivered, any reasonable seller would have told the buyer the light had come on and taken the car straight back to sort it, not done a runner and hoped the customer wouldn't notice.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
This is a bit of a lengthy one but I’ll summerise best as possible.
THIS IS HOW THE PHONECALL WENT
I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker)
I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded.
Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
so far so good.....
i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
so far so good....