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    • Well I hope that you request a call recordings is successful – but I'm a bit surprised that you need them because I would have thought that you would by now have read our customer services guide and you would have your own recordings. Just because a company says that it records your calls, doesn't mean that it does – and also it says nothing about the retention policy. They may have a retention policy of only a couple of months or so. There could be other more sinister reasons why they don't give them to you.   So you don't record your calls….  🙄 I'm not quite sure what you're going to sue them for. You had a cooker which you have used since the beginning of 2017 – and that means that you had it for 2 1/2 years and used it successfully before the door broke. They supplied you with a new cooker – which you are not entirely happy with because of the way the thermostat works – and now you are considering suing the supplier for the breaking of the door a few months ago. If I were advising them, I would tell them to offer a cash settlement which included a reduction for 2 1/2 years of use against the full price of a brand-new cooker which you might reasonably expect to last seven or eight years. I think if you had tackled the problem head-on when the door first broke and succeeded in pushing for a replacement door, then you would probably have succeeded – assuming that those doors were still available – but you would still be left with a cooker 2 1/2 years into its expected lifespan. Instead, they supplied you with a new cooker which although work slightly differently, basically means that they have given you a free upgrade which is worth about 30% of the value of new cooker. I'm sorry to say but I think you did quite well – and because you left it so long, it won't be possible to get your door reinstated because I suppose the cooker is long gone. If you can get the recordings which say that you are going to receive "like for like" then that might be helpful, but it seems to me that what they given you as a gesture of goodwill – and you've accepted it and it may well be that you have forfeited any further rights as a result. I suspect that you might come off the loser in this battle
    • Thanks I do not have £s.  I have to do it all myself.    The situation is more complicated than just me.  I was the leaseholder.   Separately, the family hold the fh (I can never  personally benefit),   The bank have tried every legal means to get the fh and failed.   Wasted time, whilst my interest accrued.  The freeholders have their own legal argument with the bank and the bank has limited time to respond/act before they run risk of forfeiture of the lease back to the freeholders... The bigger value is in the lease now.  But long-term the value will be with the freeholders.  Raising the funds to pay off my debt is being looked at - aside from their legal action on poss forfeit. There are discrepancies with the bank's paperwork.  Dates wrong and signatures missing on important docs. I understand one may question how the situation could change soon after 4y.   But it seems the market is changing. Properties of similar value in the locality have remained unsold in 5y - but agents are now seeing more interest and offers on these properties.  The bank has advised they have offers at a certain level but have been reluctant to accept. They spent the last year in futile attempt to get the fh.  If they had pursued the offer for the lh 1y ago there would be very little shortfall - or any shortfall could have been potentially dealt with on some sort of financial agreement? imo they want to pursue b and get the house so they can take advantage of this poss rise in values.  
    • Thanks Andy So having looked thru the small statement they provided lots of £12 charges added on from Jan 2018 adding at least £200 to the smaller balance of £593.75
    • The only model we can find from their group of companies which seems to work the way our last one did is this https://ao.com/product/ch60dhwfs-cannon-by-hotpoint-harrogate-dual-fuel-cooker-white-26506-12.aspx?cmredirectionvalue=CH60DHwfs   The reason ive not considered the warrenty with ao and taking action in that regard is because hotpoint agreed to fix free of charge with parts free of charge. They then decided to change the cooker like for like - with myself personally asking if there were any changes and I was told 'No just a newer build'. The item was delivered and we noticed that the main fan oven operates differently, as in the fan does not operate once the oven is up to temperature. Our old oven used to run all the time and cooked perfectly. The replacement does not cook evenly and takes longer to cook, as well as requiring a higher temperature. Hotpoint sent an engineer out on 20/02/2020 so states that the cooker is operating as designed so they are now stating they will not replace a cooker that is working as they designed.   I am now looking at the prospect of issuing a small claim online as ,1) This cooker is substantially different to our previous model for which we were not advised. Hotpoint record all calls which they tell you on every telephone call they make to you, so I intend to request these phone calls to support a claim if I make one.      
    • as explained in you CTAX thread (which you have yet to update us upon) they have right of entry yes. so he has done nowt wrong sadly. but its extremely rare for a magistrate to grant this.   i'd be checking the warrant and notice of enforcement had the right address though!
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cosmicgirl79

Erudio/Drydens - claim court form - ADVICE NEEDED

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Hi, 

I sent the CCA request and CPR 31.14 - I sent this almost two weeks ago on the 2nd October. I have not heard from either. 

 

This is what I’m planning to add in the defence which I will tonight - it is due by Friday 18th OctOber this week. I just wondered if what I’ve written below is ok? Thanks to all for advice and wise words. 

 

1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.

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that is our SB defence yes

simply copy and paste it into MCOL.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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This question on the MCOL WEBSITE? - Do you wish to make a counterclaim?

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Have we said that?

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please don't hit Quote...just type we know what we said earlier..

 

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I see on the website it says I will need to pay the appropriate fee as listed in the table before you can submit your counterclaim online. - Just wondering about that?!

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Have we said do that?


please don't hit Quote...just type we know what we said earlier..

 

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So it's a no and then it's sent? The website is just wrecking my head! 

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there are over 15 erudio claimform threads here with how people have responded to their claim by entering a statute barred defence

you need to be reading up as part of the self help of CAG

as what to do

how to do it

whats next

how things progress through the differing stages of the claim

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Very helpful links - thank you 😃

 

Defence sent! 

 

Surprised Erudio or Drydens haven't responded to my request! 

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what have they got that they can respond too that counters your SB defence?

zilch.

 

as with every erudio claimform or PAPLOC thread on CAG

you solely got the claim because for whatever reason , to that date, everything was ignored.

 

once a response is made

they go away.

 

default CCJ avoided.

you must read up and understand how arrows [erudio!!] operate

 


please don't hit Quote...just type we know what we said earlier..

 

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I filed the defence two weeks ago. I haven’t heard a thing. Is this usual? 

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did you get an ack letter from the court that they have it?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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1 hour ago, cosmicgirl79 said:

I filed the defence two weeks ago. I haven’t heard a thing. Is this usual? 

 

Well yes considering the claimant has 33 days to decide if they wish to proceed...you need to brush up here and read a few threads on what the normal process is.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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It has now been 35 days and I have not heard anything. Is this the usual if they can't counter the SB defence?

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read the letter the court sent you ack'in your defence


please don't hit Quote...just type we know what we said earlier..

 

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Drydens have recently responded to my defence. 

 

It says: “Having now had the opportunity of discussing the Defence with our client, we enclose the following documentation addressing the issues you raise in the Defence and in support of the our client’s Claim against you:

 

The relevant limitation period in respect of this type of debt is 6 years pursuant to section 5 of the Limitation Act 1980 (“the act”). By section 29 of the act, there is fresh accrual of the relevant limitation period upon each part payment. We can confirm that the last payment was 18 April 2017 in the sum of £25.00. The limitation defence which you have filled is therefore, without merit”.

 

Then it goes onto say, “we are in a position to progress our client’s Claim against you and would therefore, invite you to now settle this matter without the need for further legal action."

 

Then it says I have 14 days to make the payment or contact their offices. 

 

I’m concerned that it is “14 days” from when the letter was dated, however the letter only arrived this Tuesday (3rd December) although it’s dated 19th November. There isn’t a date stamped on the envelope. 

 

I really don’t want to make contact with this organisation. What can I do? Thanks 
 

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ignore their timeline the claim is well stayed.

 

so have you paid erudio anything since they wrote to you in 2013 was it?

you've mentioned anything before?

 

dx

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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I have just been checking my old bank statements and it appears I made a payment to Capquest?! 

 

So does that definitely counter my SB defence? 

 

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opps why didn't you say so

are you sure this payment wasn't made against a differing account number than the number in their POC?

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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I completely forgot, I didn’t think as it was Cap-quest. 

 

I checked and the payment matches with the number in the POC. 

 

I don’t want to call Dryden’s although I’m concerned about the “legal” action.

 

What do you think I should I do next? 

 

Nasty company!

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well the claim is stayed so don't panic for now.

 

is this the ONLY payment made

and how did capquest get this out of you?

by phone?

 

explain what caused you to make the payment and how you did it please

 

dx

 

 

 

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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From looking at my emails - they wanted me to set up a plan..  I made three payments of £25 in 2017. Which I forgot about. So is that right that the SB claim is null? 

 

 I stopped because I thought I had defered. But then I realised they had taken over the loan from SLC. 

 

I'm not keen to call Drydens - what can I do next? 

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Who said you have to call anyone

Yes it might upset your defence..however..

 

So how did they con you into paying when you have never earned over the threshold??

Can we see these emails suitably redacted please


please don't hit Quote...just type we know what we said earlier..

 

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They are only confirmation emails to say that I have made a payment. It doesn't have that much info on them. Is it worth calling Capquest? 

 

I also can't seem to find any paperwork from Capquest. I guess it was threatening letter - saying that Erudio have passed on my account. 

 

 

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no ringing these fleecers up is what got you in this mess in the first place!!

 

why after 10yrs of being here....

having numerous DCA threads...

being told numerous times NOT to ever use the phone or email

you DO SO and get had blind!!

 

note to future readers..

 

.NEVER EVER RING OR TALK OR EMAIL A DCA OVER THE PHONE OR AT YOUR DOOR!!

 

 

 

 

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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