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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? 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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Scs


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Hi

 

I ordered a sofa at xmas and was told at least 8 weeks delivers (15th Feb).

 

I received a answerphone message last wednesday saying it had arrived (11 days early).

 

Normally this wouldn't be a problem, except my grandfather has been taken ill and I am flying out there to be with my nan while he is in hospital as she is on my own.

 

SCS have said i have to take delivery by wenesday of this week or they will start charging me storage! (something that was never mentioned at Point of Sale!). When I argued the case that the sofa was 11 days early any way so i shouldhave in theory til the 20th, it was brought up that I had signed to say if it came any earlier I could take delivery from the 2nd.. but as far as im concerned thats if its convienant to me!?!

 

Does anyone know where i stand with this? I could do with out this stress right now..

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Charge for storage... What a cheek.. Do they pay you if it is the other way round..Like they are late in delivery..Do they Heck..

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Im sure one of the CAG gang will come along soon and give you a better idea of how to handle this one..Sorry but its not a speciallity subject of mine..

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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  • 1 month later...

Hi I used to work for SCS and they will tell you that when you signed the contract it states that you will take the goods within 48 hours of a call this is not true and they know that this contract will not hold water in court so dont let them bully you also they will make you sign a pre delivery contract re getting the furniture in without damage again this will not hold water in court and they know this but think you dont

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  • 2 weeks later...

SCS is one of the worst company I have dealt with. They lie through their teeth. I bought a sofa bed from them in January. I was induced in the contract with 4-6 weeks promise. Its been 9 weeks but no sign of delivery. Two weeks ago wrote 3 letter to their CEO, Sales director and the Regional Manager of the store in Beckton. The manager of the store responded and promised in return to refund me £100 for the inconvenience and a due delivery on 16 March. When I called them on 16th March, i was told that the 16th was a typing error and it is actually 26th. I consulted consumer direct for legal advice, who were not very sure about the strength of my case. All I wanted was a delivery on tmie. However they are just stalling for time and in your case, it appears penalisnig you. It seems like their deilvery system is in shambles. I saw a lots of complaints aganist them on Blagger.com - The place to leave feedback and comments about companies you have used as well. I have notified OFT of their dogy tactics. If you want to write it to the CEO and Sales director, here are the names and addresses:

 

David Knight

CEO

SCS Upholstery Plc

45/49 Villiers Street, Sunderland

Tyne& Wear

SR1 1HA

Tel:01915146000

Fax:01915109048

 

Kevin Royal

Sales Director

SCS Upholstery Plc

45/49 Villiers Street, Sunderland

Tyne& Wear

SR1 1HA

Tel:01915146000

Fax:01915109048

I advise you to write to them in as much legal jargo as you can and keep on fighting just as I am. Let us know if you have any luck.

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Thanks guys

 

Well i spoke to the manager who dropped the charge and arranged delivery for that friday (I called him on the mon)

 

Friday - i get a call - to arrange delivery!!! i was stunned i told them i was sat in the flat waiting for them!

 

Apparently know one had entered the delivery date?? hmm..

Got them a week later - and they still, despite asking me for my mobile to call me a hour before - called my work phone and 20 mins before they arrived! what a joke - never buying from them again!

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  • 1 year later...

I went into the White Lion Retail Park , Dunstable store on Sunday 15th June 2008 at 4:00pm with my daughter as we were looking for new furniture for our rented accommodation. I was greeted/pounced upon by a lady called Hema (Staff ID: 7686), I advised her what I was looking for and that I would like to purchase it on finance if possible. I was assured that purchasing on finance wouldn't be a problem providing the computer system agreed to it.

 

Hema then proceeded to frog march myself and my daughter around the store briefly showing us the corner groups available, my daughter was having a great time she thought it was a playground BUT there were a number of times when I became worried because I lost sight of her in the store but was told by Hema "Don't worry, she'll be fine come and look at this one".

 

I finally found one that I liked but wasn't 100% sure about it, but because I was so flustered trying to keep an eye on my daughter and look at the sofa I agreed to check the finance options available with Hema and was then rushed over to the computer system, calling out for my daughter as I went. I then gave Hema the required information. The finance system agreed so I proceeded with the order.

 

When the order went through, I was ushered over to the Customer service desk where a gentleman told me he needed me to sign a few documents. I was not given a chance to read what I was signing, I had paperwork flying in front of me with the gentleman saying "sign here, sign here, sign here and sign here, jobe done" I was then given my copies and was ushered out the store.

 

When I got home, I went onto the SCS website to find out the measurements of the sofa because I was not given them at any stage throughout my march of the store or during the order processing stage. Because I am a single mother who was excited about purchasing my first peice of furniture, I didn't think to take measurements and admittedly it was my mistake to assume it would fit BUT I was not asked at any stage whether I had taken measurements to ensure it would fit. If I had been I would have given it a second thought, gone home measured up and then returned with the measurements before proceeding with the order.

 

Having discovered that the sofa was too big for my living room, I contacted the Dunstable store as soon as it opened on Monday 16th June at 10.00am to cancel my order but having spoken to Hema she requested that I came back to the store for another look around for something that would fit, which I did. This time I brought my mother with me to help decide and keep an eye on my daughter. Together we walked around the store looking at each of the corner units available and even asked for a tape measure to help us decide but unfortunately nothing would fit.

 

As there wasn't anything that met my requirements/measurements I informed Hema that I wanted to cancel the order but was abruptly told that I couldn't cancel the order because she had already placed the order with the manufacturer.

 

I asked how that was possible if she had offered me an alternative sofa because surely she would have to cancel the original sofa/my original order IF I had taken her offer of an alternative.

 

Hema then advised that NO orders were allowed to be cancelled. When I asked to speak to a manager I was faced with the same Customer Service gentleman who had rushed me through signing the order paperwork before ushering me out the door on Sunday when I placed my order. Unfortunately I did not take note of his name but he confirmed what Hema had previously told me with regards to cancellations.

 

At no stage was I asked if I had measured my sofa/living area to ensure it would fit nor was I informed that orders could not be cancelled and this information is not on your website or its Terms & Conditions either.

 

When I asked to speak to a manager I was informed by both Hema and the Customer Service gentleman that the store did not currently have a manager and that if I wanted to cancel my order I would have to do so in writing.

 

Having spoken to the Citizens Advice Bureau and Trading Standards I have been advised that all Finance/Hire Purchase items such as cars, furniture, electrical goods etc have a "7 day cooling off period" where I am free to cancel my order should I wish to do so.

 

In fact Citizens Advice advised me NOT to write a letter to you because there is a strong possibility it will not reach the correct person until AFTER the "7 day cooling off period".

 

The placement of my order on Sunday at 4.00pm and my original cancellation request on Monday morning at 10.00 am was LESS THAN 24 HOURS notice so the cancellation of my order should not have been a problem as I very much doubt the order was placed and this was confirmed when I contacted the Finance company who had no recollection of my account number or details and Maria at (Barclays) Clydesdale Financial Services confirmed that the order hadn't been placed yet.

 

Does anyone know where I stand with regards to this, I have emailed SCS Head office, sent a letter to the Head office and the Dunstable store AND a letter to the Finance company but as yet have not heard anything - I am now 3/4 days into my 7 day cooling off period

 

Please help/advise if you can

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I would go into the store and record with camcorder you handing a letter of cancellation and stating you have sent another copy by registered post to the ceo. Make sure you have a current dated newspaper held to prove the date and get names. This company were horrible when I tried to cancel an order and I ended up having it delivered. It was damaged and repaired and two years later is dropping to bits with leather repair splitting. I think you need to act before the seven day cooling and not be suckered into the managers not here like I did, when I spoke to him the following week, they said it was too late in my case. I truly wish that this company would go away because the sofa I have is cr**.

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hi there there is no cooling off period, it is not covered by the distance selling regulations act.

 

it is a common misconception. (read the forms before you sign them!)

 

when you go into a shop common sense would say you have the measurements to make a descision beforehand.

 

A simple letter would suffice to cancel the order, explaining you made an error of judgement and despite you beleiving it fitted it does not.

 

As you are after furntiure anyway, and it is not the retailers fault. i think it would be reasonable for the store to offer you a reselection.

 

There is no need to go in all guns blazing, keep your cool and i am sure they will cancel the order.

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I tried to cancel my order after seeing the terrible damaged state of my friends suite that was to be the same design as mine, she had ordered prior to me. I panicked and politely showing pictures of my friends who was getting no help and only patronised when stating a great big tear in the sofa was normal and could be repaired, I made the descision to cancel within the time told at point of sale was allowed. If there is no cooling off period, then they should not say there is when asked at point of sale!!! I know I asked.

 

I was told no and that mine would arrive a ok as they say, it was rare for such damage I was told. A few weeks later:

 

It arrived with tears in the bottom, stains variation of the leather and a broken main frame in transit along with knicks in the leather here and there, like scuffed leather shoes. The manager patronised me and put arm on shoulder when arrived at my house and said dont worry we'll fix it, he said I'll look after it for you. Yeh right its still here, bodged up and a bad buy, creaks and squeaks from the bodged frame repair . Sad thing is I like it, but if I wanted to buy damaged goods at a discount I would go to a second hand store and get better quality for my money in future. I wouldnt pay over 1200 pounds on credit and want to be reminded for a couple of years on a montly basis that I was ripped off in my opinion of course.

 

So obviously next time in a department store I can really listen to the salesman and if he/she says cooling off period to sway an on the line descision wether to carry on looking around or buy what I realise was the one my friend chose in another store, what would I do. Avoid like the plague.

 

SCS could so easily sell more goods if they stopped shoddy sofas arriving and checked them at point of entry. Unfortunatley the word yes and a sharply small worded contract hastily given to me, when I have eyesight issues and made this clear was more than enough amunition to say sorry your hooked, dont worry we'll look after you.

 

:mad:Previous poster, people for not reading the small print, yes I admit we are sometimes niave and learn from mistakes, but it happens, were human. What happened more so the good quality products chosen at point of sale and the after care services promised if anything goes wrong, there can only be so many excuses surely. Get these corrected and the stores have a right to snottily belittle anothers little mistakes as in size issue, its easy to get carried away when the salesman mafia have seen a keen glint at a sofa, unfortunatley I felt more like a peice of meat that scs treat as badly as the sofas they supplied to me. Thats my experience and people are of course on this site welcome to give good opinions on their experience as well, trouble is I dont see them and believe this down to lack of quality. We are not talking a couple of hundred for a cheap sofa, people want them to last more than a year, what happened scs to a sofa for a few years, I havnt seen evidence of them arriving. Thats not getting into the extended warranty of course, I dont need another migraine.....:rolleyes:

Edited by stardust_john
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  • 4 years later...

I ordered a new corner sofa - was given the measurements in the store (he actually measured the chair across me when I was sat in it!!). I was told that when it arrived if I didnt like the way the way it was (I ordered a 3 and 1 with the 1 on the left hand side) I could let them know and get it changed to the right hand side. I double checked this and my daughter was there and also commented on it. I checked the measurements when home and it should have fit nicely. The sofa arrived and it is too big and I cant open the living room door and there is nowhere else to put it than where it is. When I phoned them they said it was my fault and there was nothing they could do but the man speaking to me was very helpful and said he would check with management to try and help me out. He said they would phone me yesterday. I ended up phoning them at 5pm having heard nothing to which he was no longer helpful but quite abrupt said they were busy, they couldnt do anything and that it was my word against the man who dealt with me and he couldnt see him saying anything like that. He then said I must have misunderstood what was being said.

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