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    • £1300 is fine. Don't worry about it. Don't worry about the disclaimer. It has no effect. They are trying to introduce a new term into a contract which has already been made. It has no relevance. Even if a certain delay was acceptable, the fact that they have already had your computer for three months and they are now effectively suggesting a further two months that is five months which amounts to about 20% of your period of ownership – is not acceptable. What I'd like to know – and I think is quite important – is what they say in their warranty if the computer is beyond repair. I'm assuming that you are prepared to bring a small claim against them – and that is what we will propose that they fall back on that term – especially if the term proposes that they supply you with a replacement. This would then avoid the problem for you that you would have to accept only a proportion of the purchase price. If you're not prepared to sue them – then frankly there's nothing you can do. If you are prepared to issue a small claim then your chances of success are better than 90%. The risk you if you lose is that you lose your claim fee. If you win then you will recover all of your losses. If you want to start a small claim that we will help you all the way but it will assist enormously if you can find the terms and conditions of the warranty. Have a look at their website and you may find references to it there or at the Currys website. Did you pay for this warranty or was it simply included as part of the purchase price? If you paid, then who did you pay? Did you pay Acer or did you pay Currys?  
    • Bankfodder, on your earlier note about whether the consumers have to always be provided with the cancellation rights, yes they have to - this is what the Regulations 2013 imposed compared to 2008 regulations which did not. Even with the 2008 regulations, not providing a cancellation rights is not a route to escape - please see the case precedence below. https://www.walkermorris.co.uk/publications/brief-october-2014/consumers-cancellation-rights-are-unaffected-by-failure-to-give-notice/   I have to disagree with you on your point about Section 6c being applied here - that again is likely to be applicable to tenancy agreement (with the tenant) certainly doesn't apply to the agency agreement. My agreement with the agent is to provide services. 
    • Not trying to be rude, but 90% of my last text was the disclaimar from Acer which could have helped somehow.   I know I have the bad habit of making long paragraphs, but I'm sure Acer at least knows how to space and punctuate correctly.
    • Hi there, The clause that the agent is relying on is as below (Termination Clause) This Agreement will end immediately if the Landlord withdraws their instruction before the Agent finds a Tenant. Once the Agent finds a tenant who meets the criteria agreed which was agreed with the Landlord, the Landlord must pay the Agent the agreed commission.   The criteria wasn't agreed in writing but in general I wanted a trustworthy and a transparent tenant - when I rejected this tenant, I gave it in writing that I considered the tenant not to be transparent and therefore, the tenancy not to be granted.   This is what the agreement states with regards to commission on the contract. The Initial Commission fee is payable on the commencement of the tenancy and charged as a percentage of the total annual rental amount of the agreed term as specified in the tenancy agreement There is no tenancy agreement so there is no annual rent amount.   Sorry I can't upload the Claim form - please let me know if there is any information other than I have supplied already that would like to know. thanks,
    • I'm terribly sorry but this is the second time that I'm asking you to space and punctuate your posts correctly. I appreciate that you are doing things on a telephone – but it doesn't prevent you putting in paragraph returns
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Case management/witness testimony help sought please.


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SuperVillain - I absolutely like your pseudonym. 

I hope you and your family are well in these unprecedented times.

 

Thank you for your kindness in responding to my post, I was beginning to get concerned that I had not received a response. 

 

I cannot thank you enough for the useful and practical information you have provided. 

Please be rest assured that every detail you have noted is of value to me in this case. 

 

No, I do not expect the defendant's witnesses to cooperate with me in the slightest as they are not moral people.

So the additional guidance you have provided about preparing a witness summary is very pertinent. 

Thank you very much once again. 

Best wishes. Maketa79

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Well it sounds like a very complicated and upsetting's situation. I think you will be helpful if you started off by posting a copy of the claim form in scanned PDF format – redacted for identifie

You subpoena them .....[Latin, Under penalty.] A formal document that orders a named individual to appear before court as a witness to give verbal evidence.   Andy

The better known name is simply a Witness Summons....   http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part34#I

How do I present evidence to show the Court that payments were made by the Defendant into my bank account over a period of just under 2 - years in part settlement of a loan?

 

Hello CAG fellow members.

 

(i) I have a case which is set for a hearing in the next couple of months.

I intend to show to the Court that the Defendant, who is denying the existence of the loan, did in fact pay most of the loan repayments, although there is still a considerable proportion left to pay.

 

The repayments were made over a period of just under 2 - years.

I have a schedule of all the repayments the Defendant made. 

 

However, since the payments were made into my bank account, I have closed the account and I no longer have access to on-line bank statements. 

 

(ii) How do address the Court Judge please in the Small Claims Court - do I say 'Your Honour'?

 

I would be grateful for some suggestions as to how I can navigate this situation please.  I hope you can help.

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sir will do.

get an sar running to your old bank.

you can inc and refer to them in your witness statement as long as you inc them as marked exhibits..

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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Hello dx100uk and thank you for taking the time and trouble to read my post, and for providing some helpful steer which will be of much use to me. I will prepare a SAR right away.

Many thanks once again.

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don't forget ctax bill if you've moved since you had the bank a/c...

 

dx

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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  • 3 weeks later...

Defendant denies loan entirely in defence statement despite acknowledging it in an earlier e-mail (which they have presumably forgotten about),

 

then admits loan but offers to pay a third of the outstanding balance during mediation which I declined

- can I mention what the Defendant said in mediation in my testimony, now that the case is going to trial?

 

Hello fellow CAG members:

1.  I would be grateful if you could please take a moment or two to read my post and see if you can help me please.  I have summarised and underlined my query above.

2.  I would be grateful if anyone could share with me the format of a witness summary as required in the case of an unwilling or hostile witness. 

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You can’t use what was said in mediation.

 

You most certainly can use the email, and use it to show them to be an unreliable witness.

 

No need to say they are lying, just point out the discrepancy.

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Hello BazzaS and thank you very much for taking the trouble and time to read my post and provide a reply which will be of tremendous help to me as I embark on my first 'litigant in person' case.  I am truly grateful to you.

 

Kind regards.  Maketa79

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cant deny it at all if you have bank statements proving payments...

 

pretty damning if you have those....

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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  • 1 month later...

I thank the Consumer Action Group Members for getting me this far in my case which is still in progress.

 

Situation:

The Court has reversed earlier permission for me to rely on witness summaries. 

 

The question upon which I am seeking help, please,  is

- do I need to bother myself as to why the Court has reversed permission to rely on witness summaries? 

If so, what line of logic or law can might I follow because clearly, the Court has said one thing and then another a few weeks later, of its own motion, the Court has reversed the earlier decision. I find this development quite extraordinary in the sense that as a result of being granted permission earlier, I served the three Witness Summons which had the Court stamp.

 

Background

Having given me permission to serve 'Witness Summons' which I served on 3 hostile witnesses several weeks ago, the Court has now reversed it's earlier decision, and refused me permission to rely on 'witness summaries' pursuant to paragraph 32.9(2), citing that I have not shown steps taken to obtain witness statements from the 3 hostile witnesses.  I however, made two attempts to talk to the hostile witnesses who have been non responsive and I can evidence this.

 

I would be immensely grateful for some steer from Forum Members, please.

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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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Hello Andyorch and thank you for taking the time and trouble to read my post and respond to it. I wondered whether you would please clarify the link you have posted as this leads me to the CPR pages to which I was directed earlier by other Forum Members.  This has been the basis of my approach in applying to the Court for the submission of 'witness summaries' and seeking permission to serve 'Witness Summons'.

 

Is there any information you think I might have omitted? I would be grateful for some steer please.  With thanks.

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If you could redact upload the order which reverses the order CPR 32(a) is not grounds to deny the request.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Hello Andyorch - thank you once again.  I have uploaded (I hope) a redacted file comprising 2 x pages which I trust are self-explanatory.  Just so you are aware, I have made various attempts to communicate with the 'hostile' witnesses to no avail. You will also note from the Order that the Court has struck out the Defendant's counterclaim which is great news.  But the Defendant has implicated her relatives in her 'defence' hence the need for having them as witnesses.  I just thought I should clarify and contextualise. Many thanks once again. [Attached - Redacted_Files].Redacted_File.pdf

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Sorry Andyorch - something must have gone wrong. Hopefully this time it will work. Thank you once again - copy of redacted file should hopefully appear below.  I will post this message and then test that the document can be opened.

Redacted_files2.pdf

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You did have 7 days from the 26th June to set it a side varied or stayed...why have you have not queried it with the court before now ?

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Hello Andyorch - thank you once again. In answer to your question, the Order arrived last Friday when the letter was put through the door. I will call the Court tomorrow.  Thank you.

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  • 3 months later...

Hello to Forum members reading this post.  I'm seeking for help about a form of words used on MCOL in connection with a claim against a national courier - the comments on the MCOL web page say:

Claim History

A bar was put in place for "Defendant's name" on 26/10/2020

"Defendant's name" filed a defence on 26/10/2020 at 16:05:37

DQ sent to "Defendant's name" on 27/10/2020

 

What does "A bar was put in place for "Defendant name"

 

I hope you can help and I'd be extremely grateful.
 

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Simply means they have filed a defence and the bar stops you requesting a default judgment...have you received a DQ ?

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Hello Andyorch I hope you're well and keeping safe. In answer to your question, no - I have not received the DQ yet.  On the MCOL page, it specifically mentions that the DQ has been sent to the Defendant and there is no mention of the Claimant which I find concerning. I have tried to call the Court but the queue was at number 40 with over an hour waiting time. Thank you once again Andorch!

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You both should receive a DQ..its the process to allocate the claim to track and transfer it to local county court...keep checking.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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I'm confused?

 

Are your posts from yesterday (concerning a claim against a national courier) connected with this thread (you suing a relative for non-payment of a loan) or something entirely different?

 

(I know you were criticised before for starting a new thread when you should just have continued the existing thread - suing your relative - but if this suing a national courier is entirely unrelated it ought to be a new thread.  You don't explain why it is a continuation of the existing thread.  Maybe it is, but you don't explain why...)

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