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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • 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....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
lamboboy

Help with a dealer pulling a fast one please

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Sorry, thought I had PDF'd and not completely sure where the 'attach' button is! ... may have found it now...

 

OK.... We have the following claim form, directions questionaire and an EX730 Mediation Factsheet but no defence. I have asked her to check online regarding the defence but there is nothing on there either.

 

Please see attached

lb

Binder1.pdf

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Single file – multipage documents please in PDF format


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The papers that you have received say that a defence is enclosed. If the defence is not enclosed then you need to get onto the court PDQ and tell them that they have made an error


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I don't know how to do that!

 

Found defence.

 

If this is no good as an attachment then I apologise.

Binder2.pdf

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Okay, this simply gives you notice that they are going to defend. It doesn't contain any details and says that the defences to follow.

 

I'm not too sure how long they have to file the defence. I will flag this up to AndyOrch


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thank you

 

Is this scare tac tics do you think?

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What makes you think that – and do we really care?


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Yes its just an acknowledgement that they have submitted a defence....dated 22nd Jan 2019.

 

 

This claim is subject to the Test Pilot Scheme of Online Civil Money Claims.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/practice-direction-51r-online-court-pilot

 

This Practice Note identifies two pilot schemes to test online court environments in county court money claims: the ‘Online Civil Money Claims Pilot’ (formerly the ‘Online Court Pilot’) to test an online claims process for money claims in the County Court for use by unrepresented parties (‘litigants in person’) ( CPR PD 51R) and the ‘County Court Online Pilot’ to test a procedure to enable legal representatives to file and issue County Court money claims online ( CPR PD 51S). These pilot schemes commenced on 7 August and 12 September 2017, respectively, and both run until 30 November 2019.

 

 

You have also received the Notice of Proposed Allocation dated 4th Feb and Directions Questionnaire N180 which you must complete and file and serve by the date instructed.Once you have completed and submitted this you will receive a Notice of Allocation N157 which Directions on what both parties must do next and by what date. (Payment of hearing fee/Exchange of statements and evidence)

 

 

When you submit the DQ the claim reverts to the normal style MCOL claim process.

 

In the meantime chase up a copy of their defence.

 

 

We now have 2 threads which involve the Test Pilot Scheme.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?492785-Moneyclaims-service-Responding-to-a-Defence&p=5174553#post5174553

 

Andy


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Where ? You have already uploaded the above yesterday


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We presumed that this was it!

 

OK she has contacted the court and they have said it may take a few days to send.

 

Will post as soon as we have it.

 

Thanks again for your time

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Good evening

 

We have contacted the court and they have sent the identical document as the 'defence' as provided to you previously!

 

Your guidance would be gratefully received.

 

LB

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States defence to follow......that is not a defence just a acknowledgement they intend to defend.

 

Take a look at post 8 here......this is what the court should have sent you.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?492785-Moneyclaims-service-Responding-to-a-Defence


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Thanks Andyorch

 

We have contacted the court and they have advised that the Defendant's Response is the Defendant's Defence at this time.

They said that his Defence is that he refutes the claim and that there will be a later time for details.

 

In the meantime, we have still not been granted access to inspect the vehicle which is obstructive in gaining evidence of the issue we believe was there at the time of purchase. The mechanical diagnosis was never advised to us as the garage repair was organised and authorised by the seller and was never muted to the car owner nor authorised by such as to then assume any liability for the costs incurred. Therefore, should the garage really be pursuing the seller and the seller then pursuing us? It's all confusing!

 

Thanks

lb

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So in effect he has not submitted a defence...which must be submitted 14 days after acknowledgement of service...you really cant proceed to the next stage unless a defence is offered for you to consider...thats the way the Legal system works.

 

There is no later time for details...14 days and if not served then you can request judgment


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In his solicitors letter dated 23rd January, they state they have acknowledged and as a result have until 18th to serve a defence. Is that timeline the same??

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Okay well if the time has not yet expired...thats fine.....post up the defence when you receive it.


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Thank you

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Hi Andyorch

 

Defence filed today and emailed directly to the cClaimant with a preface of:

 

Please find attached by way of service

 

1. Defence

 

2. Directions Questionnaire

 

The above documents have been filed at Court.

 

I refer to your email letter dated 28th January.

 

My client is not opposed to the vehicle being inspected in order to confirm the condition. Now that we are engaged in court proceedings, it would be sensible to have it inspected by an independent expert engineer.

Please let me know if you are agreeable to the proposal.

 

I attach the defence as requested.

 

Kind regards

Defence cag.pdf

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Just an FYI Make all your edits in paint or Photoshop, was having a read through your documents and I can remove all the black outs using Adobe Reader DC revealing all the details.

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That defence must be signed by the Defendant /Legal Representative....unless you have you been informed of legal representation for this Defendant and they are authorised to act on their behalf?


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Sorry Andyorch... not following..

 

So this defendant's defence is to be signed by the claimant? Is that correct?

 

- - - Updated - - -

 

Thanks PIXel_92 Noted

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Has the Defendant informed you that they have Legal Representation....a Solicitor acting on their behalf ?

 

A defence can only be signed by the Defendant/or Legal Representative.


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In his solicitors letter dated 23rd January, they state they have acknowledged and as a result have until 18th to serve a defence. Is that timeline the same??

 

Scratch that I see they have appointed a Solicitor.


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 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

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