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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Irt8787

@curryspcworld @TeamKnowhowUK refused to honour purchase

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Lets see what happens. I will take this as learning experience regardless of outcome

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You seem to be in some doubt.

The outcome is a foregone conclusion. You will win. The only question is whether they will put their hands up or they will see you to a hearing.


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LBA sent and incorrect item returned. i will update here after 14 days 

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Make sure that you track the return of the item and keep a paper trail of its safe delivery.

 

In the meantime, register with Moneyclaim and start preparing your claim.  99% they will not respond to your LBA or else they will refuse you so get ready now.


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currys have provided a DPD drop off label with tracking so I will use that. 

i have just registered with MCOL. do i begin new claim now or do i wait 14 days?

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You may as well start the process now. You can save your work so that you are ready to click it off on day 15.

I don't know why but I have a funny feeling that there has been some issue about the name of the defendant and that they put in an objection at one point because the action was addressed to Currys and it shouldn't have been or it was addressed to DSG and it shouldn't have been.

You should find a reference to it in one of the threads here that it may be a bit of a hunt.

What is the name on the receipt?


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  • Thanks 1

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Blimey - that was a quick response!!!


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i addressed it to DSG retail as per my invoice. i attached a copy of the invoice in previous thread

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I'm sure that's fine – although these people are extremely petty and like to cause trouble for nothing so you might like to address the claim to DSG retail Ltd (full company name) t/a Currys


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yes it will be DSG retail limited as that’s the name on my invoice. 

 

i am not sure what to write on claim particulars now. do i claim for full RRP of macbook pro 15 & 8% interests?

what if they refund me for the mbp 13, does that change what i claim for then?

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I proposed a draft for you here

if they haven't refunded you by day 15 then claim for the full recommended retail price of the computer which you contracted for plus interest. If they refund you then of course subtract that from the full retail recommended retail price and claim that plus interest.

You should realise that if they don't put their hands up immediately then this could go on for six months. In that case if you need a computer then you should go ahead and buy one somewhere else in which case if they try to offer you a computer instead of money, then you should refuse it and tell them that it is too late. In that case insist on the money.

 


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On 24/06/2019 at 14:55, Andyorch said:

thank you

 

for the claim particulars what ebay auction reference number should I be using? is it the order number on my order confirmation email from eBay, or is it the eBay order reference number on Currys paper invoice? on the ebay email obviously the item was a MBP 15, on Currys paper invoice the item was MBP 13. do they matter?

 

ps there is no order number on the electronic invoice.

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The objective is simply to allow them to identify the transaction. If there are two reference numbers then put both. Put eBay reference numbers X X X, invoice number ZZZ, dated X X date X X


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ebay generated their own number for orders - in my order confirmation email it was 05-03481-54910. currys has their own reference number which was EBY1000XXXXXX, and there was an invoice number on electronic invoice. include them all?

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Why not.  Make it clear what each ref number is


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so my claim particulars is this:

 

Quote

The defendant company advertised a laptop computer Apple Macbook Pro 15'' with Touchbar, 256GB SSD, Space Grey (2019) on an eBay auction: eBay order number 05-03481-54910, Currys PC World order reference EBY1000248637, Invoice number 1342689 for a promotional price of £1808 (total paid £1708 with eBay voucher code). The claimant succeeded at the auction and paid the asking price. The defendant then sent a different model computer of a lower value. The defendant refuses to supply the contractual goods. The claimant seeks £2349 being the full value of the advertised item plus interest pursuant to section 69 of the County Courts act 1984 or else specific performance of the contract.

 

there is still one line remaining so more details can be added 

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12 minutes ago, Irt8787 said:

so my claim particulars is this:

 

The defendant company advertised a laptop computer Apple Macbook Pro 15'' with Touchbar, 256GB SSD, Space Grey (2019) on an eBay auction: eBay order number 05-03481-54910, Currys PC World order reference EBY1000248637, Invoice number 1342689. The full retail price is £X X X but it was on offer for  a promotional price of £1808 (total paid £1708 with eBay voucher code). The claimant succeeded at the auction and paid the asking price. The defendant then sent a different model computer of a lower value. The defendant refuses to supply the contractual goods. The claimant seeks £2349 being the full value of the advertised item plus interest pursuant to section 69 of the County Courts act 1984 or else specific performance of the contract.

 

there is still one line remaining so more details can be added 

 

I was put in a couple of edits. There's no need to start going on about the voucher. That just complicates and confuses the issue and has nothing to do with Currys.


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the full retail price was Apple's retail price. the item was listed at £1808 on ebay for Buy It Now but Currys did not mention the rrp in the listing or say it was on offer. so maybe we cant use the wordings currys made it clear what the rrp was

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Okay, I've amended the draft – but does Currys sell the model that you actually tried to buy? And what is their price of it?


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yes they currently have it listed on eBay in different colour (silver) @ £2349 , same price on their own website for both space grey and silver

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currys have given me a full refund. no response to LBA so far. how do I amend the claim particulars?

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Okay great, that reduces the amount of money that you have to sue for.

Could you just post up what you are going to use in your draft particulars of claim and I'll edit it accordingly


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Posted (edited)

I made a slight amendment myself. i am claiming for difference in price (£2349 - £1708)     *not sure about the amount that I should claim. item sold for £1808. the amount that I actually paid was £1708 as ebay code made the price £100 cheaper

 

current draft:

 

Quote

The defendant company advertised a laptop computer Apple MacBook Pro 15'' with Touchbar,256GB SSD,Space Grey(2019) on an eBay auction order number 05-03481-54910,Currys PC World order reference EBY1000248637,invoice number 1342689.The full retail price is £2349 but it was on offer for a promotional price of £1808.The claimant succeeded at the auction and paid the asking price.The defendant then sent a different model computer of a lower value.The defendant refuses to supply the contractual goods. The defendant has refunded on return of incorrect item. The claimant seeks £641 being the difference in full value of the advertised item plus interest pursuant to section 69 of the County Courts act 1984 or else specific performance of the contract.

 

Edited by Irt8787

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Quote

The defendant company advertised a laptop computer Apple MacBook Pro 15'' with Touchbar, 256GB SSD, Space Grey(2019)on an eBay auction order number 05-03481-54910, Currys PC World order reference EBY1000248637, invoice number 1342689.The full retail price is £2349 but the defendant offered it for a promotional price of £1808.The claimant succeeded at the auction and paid the asking promitional price of £1808.The defendant then sent a lower spec model computer.The defendant refuses to supply the contractual goods.   The claimant has returned the incorrect item and received a refund of £1808 but continues to refuse to supply promotional the computer agreed and paid for in the contract. The claimant seeks £641 being the difference between the sum refunded and the full value contracted-for item or else specific performance of the contract.

 

You won't be able to claim interest on the £641 because you haven't actually paid that out. You could have claimed  interest on the money that you paid – the £1808 – had it not been refunded.

Does what I have drafted above fit into the word limit in money claim online?


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