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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  
    • @BankFodder is this ok to send to all contacts at aviva regarding the final notification debt letter theyve sent   I received your correspondence regarding the notice of debt dated 8th June received 12th June giving me 7 days to make payment. I don’t owe this money and the policy was taken out by my brother by a fraud in which you were complicit. The police are aware I have a crime reference number 1XXXXX this fraud is being investigated by PC XX, she will be emailing yourselves I give full authorisation for her to discuss any aspects of this case with yourselves.
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Cabot/Nolans SPC Claim perth - Old JDW Cat Debt-


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My 2nd time here

 

last time was with Cabot a few years ago, and thanks to the sound advice from you guys it was satisfactorily done and dusted in my favour....
Although i have done this before, i thought id best drop by and just  go through the motions in case things have changed in the legal system or processes.

 

I thank you all again in advance for any help :) 

 

name the issuing court: Perth

 

Who Is The Claimant:  Cabot Financial UK Limited

 

Who Are the Solicitors: NoLans

 

What type of action? (Simple/Ordinary):  Simple

 

What is the claim for –

 

1.On or around 03 December 2017 the Respondent entered a Mail Order Agreement with J D WILLIAMS & COMPANY LIMITED under which the Respondent borrowed from them a sum of money repayable on demand. 

 

2.The said agreement was an agreement regulated under the Consumer Credit Act 1974. 

 

3.The Respondent failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS & COMPANY LIMITED. 

 

4.The said supplier assigned all rights in the said debt to CABOT FINANCIAL LIMITED on 13 March 2019 and the Claimants have advised the Respondent of same. 

 

5.The said sum of £1,200.73 is the sum sued for. 

The claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent has refused or delayed to do so.

  

D4:

Date of Agreement – 03 December 2017 / Reference Number - #############/Unpaid balance - £1,200.73/Repayment on demand”

 

date of raised claim [or court stamp date from writ or date from ] :- 02/11/2020

 

Last Date Of Service [or from form 07]:- 25/11/2020

 

Last Date For Response [or from form 07]:- 16/12/2020

 

What Documents are listed in Box E2: No Documents Listed

 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Catalogue

 

BOX D4 what has the claimant stated: IN FULL

 

Date of Agreement: – Yes
Reference Number: – is this the original creditors account number? unsure

how many digits does it have? 8 Digits
Unpaid balance: - yes £1,200.73

 

BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]

 

The Claimants request that the court order the respondent to pay to them the sum of £1,200.73

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- assigned to a DCA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure

 

Did you receive a Default Notice from the original creditor?  Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

 

When was you last payment:- Unsure

 

Why did you cease payments:- They just snowballed and I couldn’t afford to pay at the time

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

 

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  • dx100uk changed the title to Cabot/Nolans SPC Claim - Old JDW Cat Debt-
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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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  • 3 weeks later...

no-one else has reported this...

it should auto expand the box.

 

but read what is says above then

put it on a sep sheet!

 

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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In scotland from 1st December we can now use the online portal for response, so I ended up chopping up the response over the corresponding boxes online.  I've had a lot going on in my personal life and tbh haven't really given this the attention I should have.  I'll await and see what the courts say because I know tomorrow I won't get a chance to look at this

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which is why we always suggest using the written forms till they get their system sorted out.

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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typically if using the written form you do. the spc rules state you must.

but i'm unsure if filed via the new court web portal. go look.

 

you should NEVER be giving the fleecers nor their dogs an email address ever!

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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Haha, yeah I've read about giving up email addresses. If I did I'd use a temporary email address that self destructs after 24hours and state that all correspondence to myself must be sent explicitly via post.

 

As per I'm just counting on them not being able to produce any paperwork and the court dismissing the case.

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doubtful for such a recent agreement...

was this a BNPL item(s)?

 

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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Oh...😭...

 

It was a catalogue it I think it was like 0 interest for so long then after they upped the credit limit I got hit with interest and higher repayments if I recall.  I could be wrong though.  I just remember it snowballing and getting put to the wayside and forgotten about

Edited by Li4m79
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did you send the claimant a cca request?

 

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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So received this today from the court just outlining the meeting in February which is gonna be a conference call but it's looking hopeful..

 

The  respondent  has  indicated  to  the  court  that  this  claim  wil  be  disputed. The  sheriff  has  considered  the  Claim  Form  and  the  Response  Form  and  has  given the  following orders:

1:    Case  management discussion The  sheriff  would  like  to  discuss  this  case  with  both  parties  before  ordering  a  formal  court  hearing.

2:  A case  management  discussion is  assigned  for  24 February 2021 by  conference  call,  time  to  be  confirmed.

 

The  Sheriff  has  given  the  following  orders/note:1)  Not  less  than  21  days  before,  the  claimant  is  to  reply  to  the  response,  in  particular  by  providing  evidence  of  the  alleged  debt,  any  contract  between the  respondent  and  the  original  creditor  and  copies  of  any  document  showing  or  tending  to  show  that  the  respondent's  lawful rights  as  a  consumer have  been  properly  discharged.

 

Everything else on the firm was relating to time place etc etc, but this bit stood out

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might be best to scan up the whole thing in case you have missed something.

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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Share on other sites

Take note section point i.

is for you too!

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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proceed with what..it's not your court claim its theirs...

 

Case hearing...24 February 2021 by conference call, time to be confirmed.


The Sheriff has given the following orders/note:–
1) Not less than 21 days before, the claimant is to reply to the response, in particular by providing evidence of the alleged debt, any contract between the respondent and the original creditor and copies of any document showing or tending to show that the respondent's lawful rights as a consumer have been properly discharged.

 

...................

 

you need to then make an IA and send it .

 

Take note that:-
i. Not later than close of business two clear working days before the hearing, you must lodge intimation of your position, supported
by reasons, to the court and other parties;

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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thats ok Scotland and the words they use are strange.

intimation means tell for want of another word.

 

IA or incidental Application means you could pre empt this all by demanding the documentation by the use of one.., but the sheriff seems a smart cookie, though i dont like the use of the word tending

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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Ok so could I for example pit in a CCA request at the beginning of February for example and if Cabot don't adhere to the 12 days use that as an intimation of my position? Or am I way off the mark.

 

The way I understand the letter is they are wanting Cabot to produce the correct paperwork to continue?

 

But the last but that you have pointed out now is confusing me a little.

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i don't know why our response form sticky earlier has had the CCA request removed 

i've put it back 

send one to cabot now.

 

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 months later...

Just a quick update, I stupidly didn't post a CCA (a hell of a lot going on in my personal life just now) but that aside no evidence had been produced by Nolan's until I go check civil online today and they've posted up letter of assignation and a statement from Cabot with the figure due.  

 

I wouldn't have known this evidence was produced if I hadn't of checked online.  

 

I'm guessing I just have to hold my hands up now? Case meeting in tomorrow morning at 10am.

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  • dx100uk changed the title to Cabot/Nolans SPC Claim perth - Old JDW Cat Debt-

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