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    • 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.
    • Am I able to upload it like the earlier ones today? It seems to be easiest way for me to do it on my fone 
    • nothing to do with any warranty or guarantee nor T&C's. and nothing to do with where you kept nor used it.   under the Consumer rights act you are entitled for upto 6yrs to have an item that is fit for purpose.   your item has failed within 6mts so under the CRA it is the retailer responsibility to inspect it and have ONE chance to repair it .. no quibble.   sadly as you purchased the item through paypal with your credit card i don't think you have any rights that way under section 75 of the consumer rights act.   @BankFodder will be around AM to help with how to move you forward possibly by a formal letter but safe to say Sweatband.com are taking you for a fool.
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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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I think you may as well just go ahead and issue.

If you keep an eye on the return date, you might even get a default judgement and then go ahead to execute using High Court enforcement.

However, you probably should bear in mind that they might later on use the virus problem as a way of getting a set-aside – or they may even defend and then just hope that the virus problem will cause long delays.

It's a choice you're going to have to take – but it seems to me that you are going to have to issue proceedings sooner or later – so you might as well get underway now.

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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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I think you can easily research the term "default judgement" on this forum or on Google

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Right – please will you download what you've just offered to us as a PDF and tell us if you can read it – and if you would like to receive that if you are helping somebody else

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I'm sorry but it's really not fair to us. The document is a mess – it's on its side and it's not possible to understand it's complete.

If you are seeing a solicitor and you were receiving the quality of advice that you are getting here but paying the going rate of between £300 and £400 an hour, I'll bet you you would get the document sorted out and beautiful so that the solicitor didn't have to do it himself.

We are working very hard for you – and were only asking that you put in a little bit of effort.

Please will you saw the document out so that it is obviously complete, the right way round – and once again the way that you would like it presented to you if you are investing your energy and helping somebody – or the way that you present it if you are paying loads of money to a solicitor.

I'm sorry to take this line but I think what I'm asking is completely reasonable

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hidden but we can see it.

 

are you not going to redact it?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm afraid you will have to be more specific about the losses that you are claiming. You will be able to claim form "any contingency costs" or "any unforeseen costs".

When you make a claim for compensation/damages then you have to be pretty clear about the value of your claim.

Can you remind me – had I already proposed a draft particulars of claim somewhere in this thread. I'm afraid that I'm not able to keep in detailed contact with every thread that I'm helping.

 

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Well then you would have to put a figure of – maximum of £X X X and of course in court you then have to prove that figure but also you would have to pay a court fee which reflected that maximum figure. Of course if it turned out that your losses were greater than that then you are probably limited by your maximum figure.

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I take it that I didn't propose any draft particulars of claim previously in this thread.

In that case I think it would be useful if you actually listed out your losses, beginning with the quote – which is a very clear and ascertainable amount and then see what you come up with for the rest. Although I don't see any reason why you need to give any ground here, it might avoid complications if you are prepared to take some kind of loss in terms of fares or something. They can't be very substantial

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I think that your particulars of claim should begin:

 

Quote

The claimant purchased tiles from the defendant retailer. It became apparent only on installation that the tiles were defective. The defendant is in breach of their obligations under the Consumer Rights Act 2015.
The claimant seeks the price of removing the defective tiles and purchasing and installing replacements as per a quote which has already been supplied to the defendant.
The defendant is in possession of all reports and quotations and is fully aware.
The claimant also seeks ancillary losses namely X X X and X X X amounting to £ZZZ

 

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  • 5 weeks later...

Any update on this?

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Can you just remind me – because there's so much going on that I am losing my way – are you sending this particulars of claim and then a more detailed version separately or is this what you sending?

 

Also, can you tell me what the "unforeseen circumstances" are likely to be. In other words can you tell me what you foresee is likely to be unforeseeable

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Damage to the LED tape lighting on the island which would have to be completely replaced inits entirety and materials. Are the courts still running during the virus for small claims and if i submit the claim and pay the fee and this company goes out of business would i lose the fee. Thanks.

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In that case get a firm price for the LED tape lighting. Even if you have to estimate it – put in a figure. You cannot simply say that you are claiming for unforeseeable circumstances.

If the company goes out of business – yes you will lose the fee. On the other hand, if you were to put the claim in now, there is a fair chance that they won't respond and you'll get a default judgement – but of course if you can't force it then you will lose the fee. On the other hand, if they go out of business then you will have lost everything

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Would it be best to see if they are still trading first before putting the claim in.

The tape was specially made for the island an exact fit if that makes sense.

Around £350 pounds plus installation.

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It's up to you. I'm afraid I can't decide for you. Don't forget that this virus lockdown is open-ended – and even when it ends, lots of businesses might try to get going and then stagger to a halt.

On the other hand, if you issue proceedings now, things will probably move on although maybe a bit more slowly – that you may get the judgement you want or it may go to an online hearing.

Also, don't forget that even if they were still in existence, if you got the judgement against them they could still wind themselves up and leave you with nothing. I'm afraid this is the kind of risk that you have to take.

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the courts are doing quite a few hearings by phone conference calls atm.

If you submit a claim and the company responds they may well ask for mediation. If you agree to that be careful as to who does that, sometimes the industry's own Trade Associations do the work and they have a vested interest.

 

The way things have progressed there will be NO mediation on their part.

 

Unless i send the claim as they've offered tiny settlements each time i've gotten more serious. 

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  • 1 month later...

Any update on this?

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

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