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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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TIME LIMIT(Double checking!)


DAZZO
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Hi,

 

Thanks for all the help and advice from those on this site!

The reason for this thread is just to check that I am o.k to proceed with my claim.

I started the procedure on Sept 21st last year and have religously followed each step and sent the next letter at the correct time.

I was "awarded" a goodwill payment on November 24th 2006 and sent my LBA off on November 29th. The deadline was 13th December 2006.

However I did not have, nor have had the funds to proceed with the court action. Now due to an insurance payout from an accident that occured March last year and had just reached court 2 weeks ago I will shortly be in the possesion of the funds which will allow me to continue the action.

 

WILL I BE ABLE TO CONTINUE FROM WHERE I LEFT OFF DESPITE THE 4 MONTH DELAY?

 

Sorry if this is a daft question and I know it probably has been covered before but to be honest this is not my strong point! Now if anyone wants a car repared .............:D

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I would send a final final LBA advising them they now only have 7 days and then submit court action. Only a personal opinion but it would look better to the court that you did give them a final final reminder just before going to court......UNLESS...they sent you a letter saying this was their final reply...in which case just file.

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Hello Daz

 

I agree with noobrider, send them another LBA giving them 7 days, then get your claim in! You may as well go through with the formalities, you know what their reply is going to be!!!!!!

 

Phil:)

This is only my personal, honest opinion!

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