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    • I notice that you haven't addressed my question as to whether sweatband.com have actually refused to take any responsibility for this now.
    • Thanks! I've had several successes in the past 4 years or so which stemmed from a financially difficult part of my life around 2011/13. Basically I was financially trapped with Quick Quid, in a cycle of increased borrowing, during this I'd opened three catalogue accounts: Studio, JD Williams and Simply Be , 2 credit cards (Aqua and Barclays) and was juggling finances. In that time I had got 2 CCJs plus 2 defaults so things were pretty tight. I was using most of my available credit until things eventually became unsustainable. When I moved house I used the deposit to pay off Quick Quid and got into arrangements to repay the catalogues. The credit card limit was still rising until 2017 when I borrowed the balance of nearly £6000 from a family member and cleared the Aqua card. The Barclaycard had already defaulted. In 2017 I began action for irresponsible lending against Quick Quid. Basically they could not show the criteria they used to make lending decisions  and kept lending to me so I won the case. I was refunded all interest and fees  and charges plus 8% pa. When it was upheld it gave me the confidence to challenge JDW and SB. These were also upheld and they had to repay interest, fees and charges plus 8% from the second credit limit increase which amounted to about £1200 each. I challenged Aqua where my redress covering 6 years fees, interest and charges accrued to nearly £9000.  Barclaycard was not upheld but the default was moved back to an earlier date meaning it expires sooner.  All my IRL cases succeeded because none of these companies could prove that they had diligently checked my financial history. My credit report clearly showed that I was using a high or at limit proportion of available credit and that I'd accrued two unconnected CCJ's and 2 defaults throughout the lives of these accounts. Whether they should have given me the accounts in the first place was also brought into question but it was the sustained but gradual increase of CL's time and time again without proper checks. JDW were unable or unwilling to show the ombudsman what criteria they used. It only appeared that because I paid on time they continued to offer increases where in reality I was actually juggling finances like a fine balancing act.  It would appear that the FOS are looking at catalogue debt as I know when my cases against JDW and SB were being investigated they mentioned this.  My case against Studio should conclude soon. I was curious as to why now Cabot are trying to cut their losses by offering such a hefty discount. I can only summise that Studio are trying to buy back the debt for less.  
    • They have made an offer  Remind them in no uncertain terms that under CONC they are responsible for the conduct of their agents , (research and quote this) and negotiate a payment plan of their offer As dx says we really need all the details to understand the full picture 
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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

Direct tiles Warehouse - Faulty Tiles - Claim Issued


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Topics merged.....please do not start new topics on the same matter.....how is anyone to know what  your last post is in connection to on its own ?   Andy

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Dates quantities name of tile etc....but only if your happy with it and think its better than yours ? :classic_wink:

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Didn't realise you had purchased them over 2 years ago ...not sure how you will argue around that and the CRA protection.

Why have  you bunched all the headings together again ?

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Various reasons including 3 months to receive cleaning liquid with instructions in English and my tiler being out with knee surgery for 6 months , a death in the family and general lack of communication from the defendant.

z14.pdf

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The court expects the layout as follows as per my upload.

 

In the County Court Portsmouth

Claim number XXXXXXXX

 

Mr XXXXXXXX (Claimant )

Ceramics Ltd/ DTW ltd ( Defendant )

 

Particularised claim as requested by the court on the 30th of October 2020.

 

The claimants claim is as follows. On xxxx 2020 the claimant did purchase from the defendant Ceramics Ltd/ DTW ltd the purchase of (xxxxxxxname/amount) tiles for use in fitting of a new Kitchen......

 

You must use headings and make bold and underline.

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Okay i'll resend. The Sale of Goods Act offers protection against faulty goods even when the manufacturer's guarantee has run out. The act says goods must last a reasonable time - and that can be anything up to six years from the date of purchase.

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SOGA was replaced by the CRA 2015.....

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Also you must send the defendant a copy.....

 

2. b. The Claimant is to file and serve amended Particulars of Claim

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You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland. 

This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.

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Why ?...They may settle with you and then you wont have to pay the hearing fee.

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But if they settle with you and pay the full amount...there wont be any need a for a Judge to see the claim.....but you do what you think best I cant do another 3 pages on the topic explaining how a Directions Questionnaire should be completed.

 

Warning if you dont agree to mediation the court could reduce your costs....read up on ADR and Mediation.

We could do with some help from you.

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Well your the expert but how can a judge make a judgement on a case without seeing the evidence to understand why i've gone to small claims court in the first place. Will change the date on the statement and send to both parties and agree to mediation and fingers crossed.

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  • Andyorch changed the title to Direct tiles Warehouse - Faulty Tiles - Claim Issued

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