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    • OK, back again.  So.   4.  We don't know.  It is up to VCS to prove the do have PP.  And as in just about every VCS case they show total contempt for the legal procedure and never obtain PP we can hazard a guess as to which it is.  This is a breach of their Code of Practise which they sign up to where they state they obtain all legal permissions.  No planning permission is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007 and means a contract cannot have been formed with them.  To give the extreme example which is usually quoted.  Someone promises a hitman a large sum of money for carrying out a murder.  The hitman does so but is never paid.  The hitman cannot sue for the money as murder is a criminal offence.  That is an extreme example but the point stands.  If you want to be sure, contact the local council and find out if VCS have PP.  They won't.   5.  Should you really owe this money. VCS are entitled to sue you for £100 plus their costs.  But they are suing you for £160 plus their costs.  Where has the extra £60 come from?  They've just made it up.  We've seen cases where VCS actually won at court, but the judges invariably disallowed this extra £60.  Some judges have been so annoyed with VCS's antics that they have chucked out the whole case on the basis of the made-up £60 alone.   As well as the airport threads HB advises, have a read of EL21's excellent Witness Statement at, I think, post 120 in  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip-claim-dismissed/page/5/#comments  Don't worry, you don't have to write a document like EL21's!  Although EL21 was in a retail park, not near an airport, a lot of the legal arguments are the same.  
    • Hello,     I need some advice / help regarding a dispute I have with Sofology. Not another one I hear you cry!     We bought a sofa from Sofology after seeing one in their showroom and falling in love with it. The sofa is less than 4 months old. We complained about the quality of the sofa:     excessive wrinkling of leather insufficient padding improperly installed - the legs under the two seater part (it's a corner sofa) hover above the floor and do not make direct contact.     They sent a technician round who met with my partner who was mentally unwell at the time. Shortly after she was admitted to a mental health hospital for treatment but is safely back at home now. She was dealing with Sofology, but I have taken over as she is currently not able to cope with this and many other day to day tasks.     Some photos below:   Sofology closed the case after their visit stating their technician found nothing wrong with the sofa. I wrote to Sofology asking them to reopen the case and provided various photographs. An extract from my email:     I am not content with the response from your technician. The sofa was delivered in July this year. It is less than 4 months old. I understand leather is a natural material and stretches over time but, the stretching the sofa has suffered is excessive given it’s age. Our sofa is not as firm as the one we saw in your Cambridge showroom and the condition of the leather (it’s tightness) is also worse, despite presumably many people sitting on the showroom sofa to test it. I would go so far as to suggest ours is made to lesser standards, with looser fitting leather and less/softer padding. It is worth noting that these issues are localised to the two seater segment of the corner sofa. The corner section and single seater return are not affected in this way. This demonstrates that the problems are not prevalent across the entire sofa, and that the manufacture of the two seater section is of a lesser standard. I trust the information above is enough for you to reopen the case and send another technician for a second opinion?     Their response to this appeared to by some standard wording about this is normal; you need to sit on different seats and rotate the seat cushions blah blah.     If they had bothered to look at my case in detail, they would have seen the cushions are fixed. I've just written back to Sofology with a stronger tone informing them they have not adequately addressed my concerns. That the sofa they have supplied is of unsatisfactory quality. It is of lesser quality than the sample sofa we viewed in their Cambridge Showroom. That they must re-open the case and that these issues remain raised within 6 months of receiving the goods.     I feel like this is just the beginning of a long uphill battle. Any advice would be greatly appreciated.     With best wishes,      
    • Hello Kyosanto   Yes - Not planning on speaking to them ever again!! From now on, everything will be in writing as you and dx have advised. I have indeed sent a SAR to Moneybarn.   I terms of the car - I jumped in with 2 legs and and at the time I was able to afford the car. I would like to keep it, continue on making payments and clear arrears.    Thanks for your assistance. 
    • Thanks for answering my post - much appreciated   dx -  I have sent a SAR to Moneybarn.   The letter I got was from DWF Law LLP stating they represent Moneybarn.   The agreement is 60 months. First payment was made in June 2020. To date I have made 12 payments between June 2020 to Oct 2021. (Sorry I am dyslexic and my maths isn't good enough to calculate 1/3☹️   Noted - I will not communicate with Moneybarn / dwf verbally.    Apart from the SAR, shouldn't I be applying for a Time Order?   Regards LH2021            
    • I've amended your particulars of claim to remove some detail. If you are happy then issue it immediately. I think their letter effectively acknowledges your letter of claim and that the protocol has been complied with and that they waive their rights on this point. Who signed their letter to you?
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mymate vs HSBC


shellbells1982
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I'm hoping if anyone could lend a lil' help to me & my mate so far I've been able to help him with his claim up until now.

He'd done all the stages and filed his court claim online paid his fee and whatever but the 30 days are up and he's heard nowt from the court or HSBC any thoughts, suggestions or ideas?

Thanx!

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I'm hoping if anyone could lend a lil' help to me & my mate so far I've been able to help him with his claim up until now.

 

He'd done all the stages and filed his court claim online paid his fee and whatever but the 30 days are up and he's heard nowt from the court or HSBC any thoughts, suggestions or ideas?

 

Thanx!

 

Ok the time line for MCOL

 

from date of issue of the claim its 5 days for the claim to be deemed served. Then 14 days for them to acknowledge the claim if they do acknowledge then they get a further 14 days to enter a defence, total 33 days.

 

Should they not acknowledge the claim then you can ask for judgement, Should they acknowledge but not enter a defence then you can again request judgement.

 

When you log onto MCOL what does is say in the staus of the claim? Also did you not get a notice of issue of the claim?

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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He had got the papers of acknowledgement as you do from the court a few days after the claim was submitted online.

On the website all it has on the website is the date the claim was issued 01/03/07 and in the judgement section 'start' where you can then go on to selcet a type of judgement.

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try pressing the button - but it probably will have changed to defended by now - but try any way.

if it is defended you proceed to the next stage - but first, have you done this after filing the claim:

 

After You Have Issued Your Claim

Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2. yes, dg's adddress is on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

if you haven't already done this - do it now.

 

then, the info we've been giving about the aq is being superceded by this:

New---after 28 Days - Maybe No Aq!!!!!!!

so take a look.

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It's now saying on the website where it says judgement I'm able to click on continue having done that it then says 'at this moment you are allowed to request a judgement by default'

This is the first time I've comethis as with all my claims that I've done I never got to this stage.

Whats the best course of action:?:

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Okey doke I thought so, just gotta check:| having doing so it says that HSBC are the claimant and my mate as the defendant.

In the payment frequency where it says how would you like to be paid it states 3 options wihch would be best immediately or a deadline date? And would I need to add on more interest?

Thanx for your help! :)

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wouldn't it be the other way around - friend is claimant - hsbc is defendent? and i think you ask for immediately

but, in any case, here is a head's up - don't get excited - even after you press for judgment - the courts regularly give the bank an extra 7 days to file their defence - it's not fair - we 've said it over and over -we meet the deadlines - they don't and the courts give them more time - but press anyway - about 1 in 200 by my reckoning get to press and a couple of them have actually had dg just hold up their hands and pay.

if you asked for daily interest in your particulars then i would say yes to the extra interest.

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it would be sweet if one could be paid out judgement by default - it's not happened for such a time now.

good luck and fingers crossed for you

If i've been helpful in any way....then tip my scales over there!

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