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    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
    • There was another poster (Hammy1962) who understood (#3) the distance selling point you were trying to make, but you may have inadvertantly put him off in your subsequent post.  He may still be following this thread.  Wonder if he has any ideas that could possibly help you?    I'm concerned about how you continue if the TS route is not helpful...
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      I bought some clothes online in may through Evans and paid through PayPal
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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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Bankfodder's post #6 has the words small claim in blue and if you click on that, you go to another page with lots of information about the process. Have a read of that and then see what questions you're left with. :)

 

HB

Illegitimi non carborundum

 

 

 

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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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