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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes 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. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
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H.Samuel - Designed Engagement Ring - Main Gemstone Coming Loose - Paid by CC


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Looking for some help and advice please.

My fiancé purchased an engagement ring from H Samuel on the 8th May 2023. He opted for their design service as I love rainbow moonstones and diamonds, and he wanted it to be unique. He collected the ring on 20th June 2023, the cost was £1626.00

Shortly after, he proposed and I began wearing the ring. Within a matter of weeks, I noticed the main stone had fallen out. I was devastated. We took it back to the H Samuel store and was told that they would send it back to the people who made the ring, for their advice. If they felt it was damaged by me, we would need to pay for the repair. I was horrified as I had only worn it for a few weeks and had done nothing, that could be considered damaging it! I pointed out that this was an engagement ring and they had known this all along. An engagement ring needs to be robust as it is meant to be worn all the time.

They took the ring from me and sent it away. They had it for over a month and then came back to me to say they would repair it free of charge on this occasion. When I collected the ring, they had replaced the original moonstone with one which was completely different. It really didn't look very attractive at all. A plain white stone with no colour and resembled a lump of plastic. I was so upset. 

I told them I was unhappy with the look of the stone and it wasn't what we had wanted when we had the ring designed. They took it back and after another month, contacted me to say I could collect it. They had replaced the stone and the ring looked a lot better.

I began wearing it again, but after a few weeks I noticed the stone was loose again. I had to take the ring off because i was frightened of losing the stone again and have not been able to wear it since.

 

I contacted H Samuel again, but this time requested a refund. The ring is clearly not fit for purpose as it can not be worn for more than a few weeks without the stone coming loose or falling out.

The manager said that it was my fault as I had damaged the ring and they were unable to do anything else. There was no damage to the ring and this seemed to me to be just a way of avoiding doing anything.

I took the ring to an independent jeweller who told me that the design was flawed and they agreed the ring wasn't fit for purpose as an engagement ring. The jeweller put that in writing for me and also confirmed that there was no sign of any damage that could account for the stone coming loose.

I sent an email to the manager of H Samuels, attached the email from the jeweller and several pictures of the ring, showing that the stone had come lose again. I requested a refund as I has given them ample opportunity to fix the ring but it was not fit for purpose and could not be worn with confidence.

He responded by saying they wanted to take the ring back to assess it. I replied that they had already had it twice and I do not believe they could do an impartial report on their own work. I suggested that if they were not prepared to accept the word of the jeweller I had already seen, we could agree upon another independent jeweller and have another report done, which we would agree to abide by the findings.

He completely ignored this suggestion and has not given me a refund.

 

Getting engaged should have been one of the most special times of our live, but H Samuel have completely ruined it. We have both been through so much hurt and upset over this and just want our money back, so we can buy a ring that I can actually wear. I seem to be going around in circles here and it is clear, they don't care and do not intend to help.

I am just looking for advice on what to do next please?

 

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send a letter of claim. giving 14 days before you launch a court claim for the whole sum on day 15.

your claim will be under your consumer rights as not fit for purpose and following the one repair they are allowed to do outside of 30days since purchase, it's still unfit for purpose.

though i would delay this until you are familiar with all the court claim process and understand that you must start your claim regardless on day 15..dont bluff.

dx 

  • Like 1

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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then that put you in quite a strong position

as under section 75 of the consumer credit act the card provider is equally liable.

try that first

 

  • Like 2

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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Get in touch with the credit card company as they're equally liable under Section 75 of the Consumer Credit Act.

Let them know that you wish to make a claim for a full refund under Section 75 bla bla bla.

Explain the response you've had from the retailer and provide the independent report you've had in their claim.

Be best to do this before doing any court action (it also gives you time to read up on the court processes) because if you were to make a claim you would claim against both the retailer and the credit card company.



 

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  • lolerz changed the title to H.Samuel - Designed Engagement Ring - Main Gemstone Coming Loose - Paid by CC

but please comeback and let us know the outcome 

too many people vanish and never resolve their threads.

dx

 

  • Like 1

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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FOR IF AND ONLY IT GETS TO A COURT CLAIM

I've actually watched two small claims for basically an indentical situation (part of my familiarisation visit months ago). 

You need to have an expert or independent jewllers report that states that the fault is with the ring manufacutiring and not becuase you damaged it.

Otherwise if they raise the argument that it was damaged after use, if theres no report from either of you then going off what I saw from 2 seperate district judges  both were told to go away and get it and come back.

Make sure you have one is the one thing I'd say otherwise I assume you'd get teh same

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12 hours ago, Tillylola said:

I took the ring to an independent jeweller who told me that the design was flawed and they agreed the ring wasn't fit for purpose as an engagement ring. The jeweller put that in writing for me and also confirmed that there was no sign of any damage that could account for the stone coming loose.

thats perfect all you will ever need.

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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That's what we thought, but the store manager is inferring that, as the jeweller we used was not a member of the NJA, no one would give what he said, any credence.

The Jeweller we used is in fact, a long established, well respected company, with 2 store and rather than just being a retailer, they craft the most exquisite jewellery inhouse! 

I wish my Fiancé would have bought from them rather than H Samuel!

Do you think we do need to get another report from and NJA accredited Jeweller ?

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you do not need a sep accredited jewellers report..how stupid.

stop believing things someone says face to face that they would never put in writing.

the judge would eat them for breakfast if they did,

dx

 

  • Like 1

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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Posted (edited)
3 hours ago, Homer67 said:

No, do the section 75 chargeback to your credit card provider.

I am  unfamiliar with dealing with anything like this and quite a bit of confusing information on the internet. Never even used a forum before!

Can you tell me how best to do the Section 75 ? Do I do it through my bank or directly through Mastercard?

Also, hard copy recorded delivery or online?

Does it matter that because of all the time this ring has been going back and forward from me to H Samuel, it has been nearly 12 months since we purchased it ?

Also, last thing ( I think) Is there a difference between a section 75 claim and a chargeback claim?

 

Edited by Tillylola
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1 minute ago, Tillylola said:

 

Can you tell me how best to do the Section 75 ? Do I do it through my bank or directly through Mastercard?

 

Through your bank

1 minute ago, Tillylola said:

Also, hard copy recorded delivery or online?

What hard copy or online sorry?

1 minute ago, Tillylola said:

Also, last thing ( I think) Is there a difference between a section 75 claim and a chargeback claim?

Yes, chargeback has a 120 day limit though so you may be out of time.

Chargeback is where your bank gets the funds from the merchant

S75 is where your bank refunds you then decides to go after merchant or not

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If i did it through the bank, they seem to have an online form.

I wondered if this is the best way or to do a letter, add supporting documents and send them through the post, recorded delivery  ?

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use the webform

if it allows you to attach your evidential documents then do so but do that later

depending upon who your bank is.... - but i suspect you will be referred to Mastercard.

who is your bank?

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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just type no need to keep hitting quote.

Natwest dont usually mess around.

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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Thanks Dx. Still finding my way around this forum thing. Cant tell you how grateful I am for all the help.

Just submitted the 75 to Natwest. Fingers crossed.

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Load of old tosh.

Think they're getting confused with a chargeback, there is NO time limit on a Section 75 claim.

It was definitely a CREDIT card, not a DEBIT card, right?

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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 OTHER

 

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

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Formal Complaint to NatWest then.

They've failed to meet their statutory obligations in regards to Section 75 of the Consumer Credit Act 1974.

It might also be worth calling NatWest and stressing that it needs to be raised as a Section 75 claim and not a chargeback.

 

  • Like 2

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 OTHER

 

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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