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    • is response to CPR rules you sent me - my observations are   1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above   2)they didnt serve application or evidence on me ever! court knows this    3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing   4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them ,  a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this  DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request.  d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways)   their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI"
    • Hi Anney.   Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising.   HB  
    • thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect.   so i asked court can i have copy of PR1 so i can check, they just got back and said  claimant has never either in electronic database or in paper, served a bundle PR1 with the application,    there said it was claimants job to serve everyone and me- so ask them      i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them !   in theory judge will get to hearing and go where is your evidence of this agreement?   and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
    • You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage.   I would recommend you do it today, start maintaining a paper trail. 
    • Obviously the real proof will come when the contract is revealed.   In the meantime you could write to the DVLA asking who applied for your data back in 2017. And show them the signage where both companies are listed and ask in view of who asked for your details, did the right one apply and what is their view on both companies showing on the sign.   Is this legal and explain that you are in the middle of a Court case and they may be called.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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Hello just asking,?


I purchased a discount new cooker as it had cosmetic damage, paid £250

After a few days I noticed the fan never went off, I contacted the company and they finally collected the cooker and took it away, ( for 7 days) And fixed it,

 

It never seamt right? It steamed up in the clock panel and the oven door was mis-lined It had multiple dints in the sides Top panel missing on the door to stop food dropping in, Shelving didn’t fit well Then main fan started to rattle and tap

 

I put up with all this as it was *discounted Then one day whilst cooking we could smell a funny smell Turns out the wires had melted on the back of cooker I contacted the company again and it took a lot of phone calls to try and get the problem dealt with, speaking to several different staff....I wanted a refund or replacement I had had the cooker 6 months just! I asked for a refund or replacement 

 

I contacted trading standards and citizens advice and they advised me what steps to take! Finally the company offered to replace the cooker, then later changed! As they explained that nothing came in to replace it they were too damaged! ( been told they buy at auction damaged) They wanted to look at the cooker and inspect the damage themselves, so I agreed they collected the cooker,


No update, or communication I had to constantly chase them up Nothing was sorted out with 7 days we had no cooker, I threatened Trading standards were now involved Last thing on a Friday in June they rang to say I can collect the cooker it’s fixed!!!! I had expressed all along I didn’t feel safe using this cooker anymore with my family I didn’t want this cooker fixing again ( by whom) They started to blame me and said I should be grateful they aren’t charging me for the repair!

 

Still today in August this is not resolved 

Trading standards have been useless 
Citizens advice have told me to take them to small claims court!????

I have had to purchase another cooker 
As I’ve been left without one.

 

I am in a vulnerable situation in life, Im a carer for my husband and have children and have no one to help me sort this mess out! I am struggling with making the county court claim ? What shall I do?

 

( sorry for long message) ✨

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Hello and welcome to CAG. People should be along to advise over the course of the day.

 

Which retailer are we talking about please?

 

By the way, something seems to have gone wrong with the spacing in your post above so I've popped in some paragraphs. :)

 

Best, HB

Illegitimi non carborundum

 

 

 

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Can you tell us what date you purchased this cooker

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Thank you.

I'm afraid that I think that you are very likely to have to bring a small claim in the county court. It's not difficult and we will support you and help you draw up your documents but you should look around this forum  to understand what the steps are so that you are confident about it.

there is a small possibility that if you send the letter of claim that they may put their hands up but in my experience it is rather unlikely.

 

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No problem.

 

Let us know when you have decided what to do and we will help you with the next steps.

 

If you bring an action your chances of success are much better than 95%

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Citizens advice told me to do the same,

I have looked online and the forms are my option as I may need financial support with the claim, so I’ve printed them off, 

 

I will look at everything later when I have more time 

Thankyou so much 

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well as I have said, let us know when you are ready and we will help you draft the letter of claim and also the particulars of claim. It will be relatively straightforward but it will help you to know the steps in advance.

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Hello, I might sound very stupid,

but I have already done the notice letter, 

explaining that I intend to take them to court etc... 

I have already taken the steps advised by citizens advice and informed them I am not happy with the outcome or decision 

 

I have waited the time I was told to give them,

 

I have downloaded the forms from the government and printed them off, 

so now all I start to do is fill in the form and pay the fee and post?

also do I send the financial statement forms at the same time,

 

then do they reply? With a questionnaire? 
then do I send evidence/ proof/ photos?

 

i am unsure what order I need to do all this?

 

sorry for all the questions 

thankyou 

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Sorry, I hadn't realised that you had sent off your letter of claim etc.

Maybe you can post up your letter of claim here for us to have a look at.

In terms of getting a waiver of fees maybe my site team colleague @Andyorch can help but we can certainly help you once the claim is underway. We can also help you draft the particulars of claim which should be kept to a minimum. Avoid any attempt to have an extensive narrative. It won't be necessary to send an additional detailed particulars of claim with this. It's going to be pretty straightforward

 

 

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  • 2 months later...

Hello,

it has taken all this time to get to the stage of me needing to reply with my questionaire

and also fill out a help with court costs form,

 

the problem I am now facing is the defendant states

 

1. It took me 7 months to address the problems

 

2. The wires that melted were outside the cooker in the box on the back.

 

3. The cooker was fitted by me ( which is incorrect as their engineer put it back in for me after first repair)

I have no way of proving that!

 

4. They acted within the law and repaired the cooker again and I rejected it, ( I asked for a replacement or refund and got no choice or communication)

 

where to I start from here??? 

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why dont you scan up their full defence please

PDF only or just copy and paste the text here

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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And a copy of your particulars of claim would be helpful as you skipped posting that part of the claim.

 

Andy

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 Topic please PM me a link to your thread

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by far the easiest way is to simple just copy and paste the text from mcol of their defence

and from the file you wrote to paste your particulars into MCOL 

and drop them here

 

we dont need photos of anything

you don't use photos (JPG's) you use PDF

that wat we can zoom them

read our upload guide carefully

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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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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do you not want to remove your real name from everything?

 

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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