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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

@curryspcworld @TeamKnowhowUK refused to honour purchase


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2 places never to go with any complaint resolver and CAB!!!

https://www.consumeractiongroup.co.uk/topic/413250-currys-pc-world-amp-knowhow-whatever-happens/page/2/#comments  

Thanks. I’ll post the defence here when I receive it.

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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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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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Blimey - that was a quick response!!!

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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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On 24/06/2019 at 18:04, 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 would 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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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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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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