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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised 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 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. I dont believe they have provided this yet correctly   2. 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. still stands   3. 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;   4. 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.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. 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.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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chinoky

Threatened with small claims action Tutorcare.co.uk.Please help.

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Hello all.

I wonder if anyone can help with this issue.

 

We run a restaurant and a company contacted us to teach us health & hygiene that said they will issue certificates.

We agreed a date over the phone.

 

Next day we phone the council and they said it's not a recognised certificate. 

 

We phoned the company back and they said we owed the full amount for cancellation even though nothing was signed

. They now threatened taking us to a small claims.

 

 Is there anything I can do to avoid paying this?

They want us to pay almost£500 which is daylight robbery.

 

Thanks in advance.

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I wouldn't either I think they are trying to scare you. I cant see them winning in court and I think it would be too much hassle just for £500.

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where's the signed contract..there isn't one.

sc@mmers!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Please will you tell us the name of the company you are dealing with and also their website link.

I suggest that you go and put up some reviews on trustpilot and on Google as well

 


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The company is called tutorcare.co.uk.

The person that's been harassing me is Marta. A awful company with absolutely no ethics.

Surely a few emails from her phone is not acceptable as official notices but they listed that on the claims form from the debt department.

Screenshot_20191112-164617_Gmail.jpg

Screenshot_20191112-165421_Gmail.jpg

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Please could you post a link to the course that they were offering on their website.

I think it is important that you don't give in to these people. At the very worst you could be liable simply for administrative losses caused by any breach of contract by you. However I would tend to be arguing that it was part of the contract that any certificate they awarded you would be a recognised certificate.

Please provide a link.

I think it will be important not to go silent on them. I think they will eventually need at least a single letter from you telling them that you consider that it is they who are in breach of contract as it has transpired that they are not providing you with a course leading to a recognised certificate and that if they want to take it further you will be happy to see them in court.

I believe that your business is somewhere in the north of England and they are in London and so if they decide to see they will be obliged to travel north and also risk the outlay of a claim fee and a hearing fee.

Of course there is a risk that they would pursue the claim against you and that they can win – however we will help you.

Reading the reviews on trust pilot I see that there are 19% of the reviews which are two star – or mostly one star. This is not the kind of standard of quality or of service that I would get involved with. Also, many of those reviews are telling a story which is fairly similar to your own.

If you haven't done so already then add to the reviews and start hunting around the Internet for people with similar stories to your own. Take screenshots of anybody who's got a similar story and if it does end up in court then you will be producing that as evidence as well to show that this is their way of doing business.


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I just posted a review on trustpilot

the reviews are shockingly bad there.

 

I can't find the link from the website as it was all arranged over the phone.

There was no invoice or anything.

 

the first letter we received was the cancellation fee payment.

 

I'm planning on writing a formal letter to them telling them come to a small claims near us.

 

Any advice on how i would legally word it?

I'm so confused.

Thank you all for your help, it is much MUCH appreciated.

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You don't need to worry about using particular legal language.

Do you happen to know if they recorded the call? Did they give you any warnings?


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I just spoke to the counter staff (only she had direct contact with them).

They never explained anything and just said 'be aware of our terms and conditions'.

Nothing was sent to our inbox or address to check/read.

 

Since cancelling, we only get emails asking for payment .

What legal rights do they have at this point?

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They do obv know your address yes?

Pers id ignore them

Bounce/block emails and wait their letter of claim?

Or i can see you playing letter tennis forever here?

 

Dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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They wont want to go to court because they have misrepresented themselves and the service they have offered.

You dont owe them anything because they could never perform to the contract they have supposedy offered so it will be a frustrated contract if it existed to begin with.

 

Now B2B proof of contract is less than you would need for a consumer contract so it isnt cut and dry but as said, they want the money, not a court fight where they are likely to lose and have to pay you a considerable sum as well for their troubles.

 

they refer to T&C's so were these made available before you said yes

-it has to be specific even for B2B so they needed to ahve told you to look them up before you agreed to anything

 

expect begging letters from some toothless DCA nest. Block emails and record phone calls, it isnt unknown for soem bandits to record and then edit a call to make it completely different to the original.

 

lastly never say yes to anyone who contacts you, always be the one to decide who to call. If they were any good you would have got recommendations for them from others you know

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