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    • are we getting there now .thks DEFENCE  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 or agreement 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.
    • And....   It’s a £2500 end of life banger. If it gets from A2B it’s fit for purpose. What are you actually trying to say? 
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    • My personal experiences of Future Comms 
       
      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!
      • 0 replies
    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 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
jerrythompson

Verbal Contract Threatens Livelihood

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Good evening all!

A self employed, hard working friend who is a decent man, employing locally and is just a generally good bloke has made a schoolboy error in trusting without the legalities.

 

He is a commercial painter and decorator who has to take on huge contracts and suffer the cash flow problems associated therein!

 

In December, a 'manager' told him to proceed with extra work but it was not backed up in writing and there were no witnesses.

 

The company are now refusing to pay him for the extras which could force him and his family into insolvency.

 

Is there anything (apart from learning a massive lesson), that we can do to help this guy please?

 

Thank you

JT

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There is no need for a written contract. A verbal agreement is perfectly binding. It simply a question of evidence.

 

Is your friend able to demonstrate the work that he did? What materials did he supply? Does he have receipts for this material? Who is the manager? Are we dealing with a company somewhere? If you tell us the whole story without too much narrative but in a bullet pointed chronology then maybe we can start to understand the problem.


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I will find out but since writing, the manager has agreed to pay half! interesting!!

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Half of the agreed sum represents what value?

 

You should properly find out much more about it before your friend accepts the payment. If it is a substantial amount, then even that acceptance of half the amount is probably not legally binding and it could well be worth chasing up the other half.

 

Find out as much as you can quickly and get back to us.


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Just spoken to him.

 

He has documented everything that was asked of him and has evidence of everything he did!

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Then please set out the story or better still get him to come here and do it.

 

Playing Chinese whispers on an Internet forum is pretty gruelling work


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He's gonna cave sadly.

 

You just can't help some people.

Sorry to waste your time

 

Thank you

 

JT

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OK. See how he feels in the morning.

 

How much is at stake, as a matter of interest?


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