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    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
    • never get a cca for a debt of that age when was the last payment date?   dx  
    • i have shrunk the uploads earlier as they exceeded in total your upload limit try now in pdf.   BTW: the file a few posts up renamed burlington comms is very damning for them they knew they had done wrong having just read it.   now this subject needs addressing and sorting. where has all your available income been going for the last 12mts...why has this debt not been paid and why did you resort to even taking out an LBL in 1st place..usually its as a result of shear desperation and financial mismanagement as you could not get money elsewhere ...why ?   this debt is a priority ...2nd to everything other that what keeps a roof over your head like mortgage , rent. CTAX. gas/electric.   mobile phone/sky/broadband/credit cards/OD's/catalogue debts or accounts and anything else you payout for needs to be either cancelled or dropped to <£5PCM..they can't do anything to your roof or your car.   spill the beans..why were you in such a whole in 2018 that you ever had to goto these sharks and expose yourself to this grief..          
    • For general info, I have a Life Fitness treadmill which has been in my garage for the past two years.  It cost around £2k so in the same ball park as yours.  It was installed for us by professionals and there was no hint that it is an unsuitable environment - because it isn’t.  The gym I use (when I can) is even less salubrious than most garages, think bare aircraft hangar rather than carpets and smoothie bars.  It is not heated.  It has a range of top end cardio equipment all working just fine.        
    • i'd be sending them an sar get all the details and see if his bank has proof of BT cancelling the DD too. then p'haps we can make a complaint......   £800/12 is about £67pcm - thats an expensive deal if this is for BB only and not phone as well & at what speed - i'd expect >70MPS for that deal...was it.?   the issue here is if it is for phone as well BT won't release the line till the debt is cleared if he wanted & should switch - to say vodafone at <£30PCM for the same deal.
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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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