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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
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Hoist claimform - Ex - Barclaycard debt


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opps ...they'll push this then..

make sure you dont follow suit in your WS.

 

with the amount of claims you have had, you should be a master by now not scrapping around elsewhere finding and using FmOtL twaddle..

it always makes the later case far more difficult to beat the weeds away from and to get the judge to focus on the real issues as to why you don't owe a penny.

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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and how many court claims have you had...

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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  • 2 weeks later...

Directions Q from Hoist with the cover letter attached.

 

Curious to know what my proposals will be to pay the money back during the mediation. How do I approach this call when it happens as my previous cases never went to mediation.

 

WS= Witness Statement - realised when I posted the question but had already hit submit...

 

Thanks.

HoistDirections130221.pdf

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so what paperwork have they supplied to in relation to your CCA/CPR requests to date?

 

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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No response to CPR/CCA requests but they sent me a 'reconstituted set of statements' in July 2018 which was before my CCA/CPR and has subsequently been binned.

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Quote

but they sent me a 'reconstituted set of statements' in July 2018

 

Reconstituted set of statements...the mind boggles

We could do with some help from you.

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

 

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

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  • 2 weeks later...

Lining up my ducks and preparing my WS in advance. 1st draft below. Feedback appreciated.


In the County Court at ************ Claim Number:*****************

BETWEEN:

Claimant:
**********************

-and-
Defendant:
***********************


WITNESS STATEMENT OF ******************
 

  1. I, *********, being the Defendant in this case, make this Witness Statement in support of my defence which is due to be heard on DATE at ************ County Court.
  2. I contest that the Claimant's claim is vague and unspecific.
  3. On DATE I made a written request to the Claimant requesting that the Claimant provides copies of all documents (true copy of the executed agreement and a copy of current terms and conditions encapsulating any variation) mentioned in the Statement of Case (Exhibit A).
  4. On DATE I made a written request to the Claimant Solicitors requesting that the Claimant provides copies of all documents (Credit Agreement, a copy of the Contractual payments under the terms of the agreement and the Default Notice) mentioned in the Statement of Case (Exhibit B).
  5. On DATE the Claimant’s Solicitors replied (Exhibit C) to my written request without the requested documents.
  6. On DATE the Claimant replied (Exhibit D) to my written request without the requested documents.
  7. The Claimants claim is based upon Defendants alleged breach of contract and therefore, the contract is entirely central to the Claimant’s case.
  8. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.
  9. On DATE I contacted the Claimant and repeated my request for copies of documents as mentioned in the Statement of Case (Exhibit E).
  10. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents or if they can provide originals for Court inspection.
  11. The claimant has provided a 'reconstituted' set of statements which are not original documents
  12. The Claimants pleaded case is that the Defendant entered into an agreement with ***************** under account reference ************, I am uncertain as to which account this refers to. It is accepted that I have had ****** Loans in the past, however, the account number given does not relate to any information I have, therefore, it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.
  13. I believe that the facts stated in this witness statement are true.
  14. I therefore ask that the Court orders the Claimant to provide copies of the documents and if the Claimant is unable to comply the proceedings are struck.


Statement of Truth

I ************, the Defendant believe the matters set out in this Witness Statement are within my own knowledge, except where I indicate to the contrary.



Signed: ________________________________

Dated: ________________________________

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not sure about 8, cpr is not compulsory to reply within 7 days cpr is a request, p'haps might be better to refer to the CCA request ...which you seem to have totally omitted..

 

I have had ****** Loans in the past - i would stick to financial dealings, this i nothing to do with loans.

 

generally it needs fluffing out a bit, a WS should not simple be a page pulled from a diary.

 

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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  • 2 weeks later...

Small Claims Telephone Mediation Service
Tel: 0300 123 45 93 - Email: [email protected]

 

Claim Number: 

Parties: Hoist Finance Uk Holdings 3 Li v 

PLEASE REPLY BY EMAIL CONFIRMING YOUR FULL NAME, TELEPHONE NUMBER AND EMAIL ADDRESS TO BE USED FOR THE MEDIATION CALL.

 

Appointment Time & Date

A confidential telephone mediation appointment has been booked for 22/03/2021, You will be called between 10:00 and 12:00. The appointment will last for a maximum of one hour. When the initial call is made that's when your one hour slot starts.

 

Important Mediation Requirements

Please read the following 3 statements

1. For mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility

 

2. You confirm that you have enough information about the claim to allow you to enter into negotiations and that you do not require any further evidence from the other party before you can mediate

 

3. You confirm that you are available for the entire timeslot on the date stated above.

Mediation is only available to you if you can answer YES to all statements above. If you cannot answer YES to all statements, mediation is NOT suitable for your case. Please contact us if you cannot agree to all

3 statements on [email protected]

 

Important Preparation

Please see below some guidance notes that will help you prepare for your mediation appointment. Also attached is information on the stages your Mediation appointment will take. It is important that you read this fully prior to your appointment.

 

1. You must participate in mediation in good faith, with the intent to reach an agreement. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.
Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to negotiate.

 

2. The mediator may call from a blocked or unknown telephone number, which may be from a mobile telephone
Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.

 

3. If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement. They must have full authority to act on behalf of a party.
Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any settlement agreements the 3rd party makes on your behalf.

 

4. Your mediation appointment is time limited. You must be free and by the phone at the time above, so that the mediator can contact you.


Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions, with a good telephone signal. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.

 

5. You must be available at the start time of your appointment. If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.
Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?

 

6. The mediator speaks to both parties separately. You may not be the first person contacted, so please be aware that there may be a delay before the mediator calls you.

What to do if I am unhappy with the Mediation Service?

 

If you have any complaints or issues to raise regarding the Mediation Service, these should be addressed in writing to the Small Claims Mediation Manager, HMCTS, PO Box 8793, 5th Floor, Leicester, LE1 8BN.

Small Claims Mediation Service Contact Details

Tel: 0300 123 45 93
Email: [email protected]
Post: Small Claims Mediation, HMCTS, PO Box 8793, Leicester, LE1 8BN


 

First off the time slot is not appropriate, I am unable to take time off work, I stated in my original reply that I would be unavailable until after 6th July.

How to proceed? Am I correct in thinking that option 2 applies as they have not provided me with all the documentation requested via CPR and CCA?

 

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15 minutes ago, eoghan said:

Am I correct in thinking that option 2 applies as they have not provided me with all the documentation requested via CPR and CCA?

 

:rockon:and are unlikely too in the next 10 so days

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 assuming I respond then saying I don't have the documentation I've requested via CPR and CCA?

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no , you respond by stating the claimant has to date failed to provide any documentation to enable me to make an informed decision 

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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Got it. Cheers.

 

Just sent:

 

Thank you for your email. The claimant has to date failed to provide any documentation to enable me to make an informed decision.
 
I look forward to your response.
 
Kind Regards.
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Reply back:

 

Thank you for your email. 

 

Please note that this claim has been transferred to a local court to proceed and a notice of transfer has been sent by post. Once the case has been reviewed the court will notify you in writing of any further action that is required. 

 

If you require any further information about mediation please contact us at the below details, if you require any information about any other aspect of the case please contact the local court. You can use the below link to find the contact details 

 

https://courttribunalfinder.service.gov.uk/search/address  

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  • 3 weeks later...

Local court rang today to ask if I was available for a 30 minute telephone hearing, I said as per my court doc that I was unavailable until the 6th July. So I guess this is going to a hearing then.

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  • 2 weeks later...

conciliation appointment which will take place on 9 JULY 2021 AT 12.30PM

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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Yes I saw that, but what's the approach with this? I'm not sure how to respond and what would happen during the appointment, what do I say or not say for example.

 

Just to also add, I would have thought there would be no conciliation meeting as they have still not furnished me with enough information to make a decision or enter meaningful negotiations . Right?

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1 hour ago, eoghan said:

what do I say

as below

1 hour ago, eoghan said:

they have still not furnished me with enough information to make a decision or enter meaningful negotiations

 

1 hour ago, eoghan said:

I'm not sure how to respond

carefully read what each party has to do and by what dates ...

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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Sending:

 

As per the order.
 
However, the claimant has still not furnished me with enough information to have any meaningful conciliatory meeting and am therefore somewhat prejudiced by this.

Notwithstanding however, my email is ###### and my direct line is ######.
 
Kind regards.
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just reply without the tort comment

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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