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    • I recently had the misfortune to return a faulty item to curry's.  Day one lets call it i returned the item to the store and asked for a refund and was refused due to not having a receipt, I escalated the issue to the duty manager who also refused the refund who insisted I needed a receipt and the documentation I had withy me was not acceptable.  I asked him if he wished to check his position as I believed he was in breach of my consumer rights. he refused, So I left to check up on my rights to return the item. After checking I was indeed correct I returned to the store the next day and again asked for a refund and again refund refused by the same manager as before. At which point i asked him if he would confirm in writing why he was refusing to issue the refund again he refused. at which point he said "I could get the police to have you removed" to which I replied that he was in his rights to do so. Police arrived and asked what the issue was I explained that store would not refund a fault item  and was informed that it was not a police issue so they could not help me, but that they would like me to leave the store to prevent a breach of the peace. I responded that If I had been asked to leave the store I would of done so, but as I was never asked to leave I had remained trying to get my refund. As I was exiting the store the manager informed me that I was not welcome in any curry's/pc world stores again and would have to take my issue up with head office.   I have received my refund and had acknowledgement from the curry's ceo team that the documentation I supplied on 2 occasions was all that was required for a refund. They have offered compensation for my time which I have refused as i believe that there is a larger issue here than money.   This below maybe wrong ..hence me asking here. If I was a member of one of the protected groups as defined by the equality's act the burden of proof for discrimination cases falls on the shop owner to prove I was not refused service because I fall into one o0f those category's .(  I am in one of those categories , but its irrelevant ) But if I did not fall into one of those categories the store manager or any employee can refuse access to the store or stores because lets say I was wearing a pink tie on that day and he was offended by the colour Pink and there is no legal or civil recourse. I understand a shop is private property and they can refuse access, but I cannot believe within within English law there is zero recourse for an individual who feels like they have been discriminated against unless you fall into protected category under the equality's act as that seems to fly in the face of the whole purpose of the act was was to provide equality for all. Sorry for the long post.   Could someone point me to where I can find more information on the rights to access a shop and there rights on refusal as it seems to me a change in law may be required. As being refused access to a store because the manager cant do his job seems a little extreme to me. Is it possible to take civil action against the employee of the store or must it be through the company. Thanks in advance for any replies.  
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AQ dispensed but no court date - help required - Jonathan B v Abbey


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Having read some more posts on here, I received today what appears to be some good news, ie that the AQ questionnaire stage has been dispensed with and my claim has been transferred to Clerkenwell & Shoreditch court. However, unlike some of the posts I've read, there is no mention of a court date. Not really sure what I should be doing next. Copy of the text follows:-


Without hearing


1) The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise **


Note: Any party affected by this Order may under Rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order.


** Please note that an allocation fee may apply in this instance. Please contact the court of transfer for further details.


Date order drawn: 28.04.07

_________________________ ________


So.... should I read up on AQ's? Can I expect to have to prepare a court bundle? What happens next? EEK!


Any info, as ever, greatly appreciated...



Jonathan B


Join Date: Mar 2006

Location: London

Posts: 12


Jonathan B v Abbey - AQ Dispensed with...




Oops. Forgot to mention that when I filed my claim online I didnt realise I had to send a breakdown of charges so have only just sent these last week to Northampton County court. Will they automatically forward these on? I also had a letter from Abbey asking for similar along with email address and phone numbers etc, but never got round to sending them these as I thought it odd considering I had written to them before and that I had got details of the charges from them in the first place. Is this bad judgement on my part. Worried that the court will think I haven't done everything I could to resolve this, ie give Abbey the info they asked for, even if it was after my claim was filed?


I've already one 90% from Nationwide but still waiting to hear about the last 10%... it's the principle innit?


All advice received with thanks...


Jonathan B

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Hi Jonathan have a look at this topic it's mainly about HSBC but it should give you an idea of what to expect.



Nat West Settled 2 acct's before action:


£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007


Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07


14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission


01/05/07 Judgement order

8/05/07 Warrant of Execution requested



Media coverage :D







If you find my post helpfull then please click my scales:)

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Clerkenwell will notify you of allocation and hearing date. If you haven't heard after 10-14 days, just ring and ask. You will have planty of time to assemble the court bundle, hearing date is unlikely to be before mid June- July.


Abbey's request is absolutely standard, just send them a schedule. Contact details are up to you

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same happened to me - just sit tight for a bit

2 Accounts with statements back to Feb 04 = £802 in charges

S.A.R received by Abbey 22.09.06 .......start the clock!:D

9.10.06 received letter from Pam Speed 'information to follow'

12.10.06 received last 14 months of altered statements :rolleyes:

01.11.06 LBA sent to Abbey for statements

10.11.06 received statements back to 2000 - on one account:|

15.11.06 2nd LBA sent for outstanding information

26.11.06 Outstanding info arrives

30.11.06 Prelim for £1089 received by Abbey

06.12.06 Sorry you are unhappy letter received

21.12.06 Sent LBA giving 14 days before court action

22.12.06 Received GOGW for £375

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I'd send them your contact details and a copy of your schedule of charges, I've found that the more helpfull you are at this stage the quicker they pay you off.

Abbey 1 settled in full 01/05/07

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thanks folks for your kind words of advice.


Just re-read Abbey's defence and it refers to me as having a current bank account - I dont, I closed it several years ago having finally been able to escape their hideous cycle of charges. The defence also then talks about overdrafts, and that most of my charges were about exceeding the overdraft limit they agreed. I didnt have an overdraft of any kind and most of the charges were because of a few bounced direct debits and then because they kept helping themselves to charges the day before I was due to be paid, invariably putting me overdrawn which then led to more charges the following month. And so it went on, like it has for so many people. Anyway, I think my point is that I am feeling a bit more confident because their defence seems to be a standard defence that would appy to someone with an existing account and who had an overdraft limit. I have neither.


My other claim with the Nationwide (which was nearly paid in full but not quite) has now been transferred to the mercantile court. They paid me back around £1500 but it was still about £170 short. I'm now not sure if I should have carried on but will keep you posted on both cases.


Capital One are next in my sights...


Bring it on.

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  • 3 weeks later...

Update - Latest Letter


Your case has been transferred to London Mercantile Court, which is based within the Admiralty and Commercial Court at the Royal Courts of Justice, Strand, London, WC2A 2LL. Please see for guidance, CPR59 and Practice Direction.


Your case has been allocated the number ****-*** this number to be used in future correspondence.


There will be a Small Claims Hearing in this case and in several others which raise the same or similar issue at 9.30 on 20th July 2007 in court 1, St Dunstan's House, 133-137 Fetter Lane, London, EC4A 1HD. The hearing is intended to give directions for the hearing of some or all of these cases in way which saves and time and expense. It is hoped that all parties will attend but if this is not practicable the Court will be pleased to consider the written views of any party provided that these reach the Court by no later than 17th July 07.


Although some of these cases have been allocated to the Multi Track, it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them.






EEK again !!


Having not been on here for a while, (as I've been waiting ages for this letter), I've kind've lost track on what I should do next. What stage am I at now? Does the Lloyds TSB thing mean any of the processes have changed. I realise the case doesnt mean much but thought the way we respond might have.


All advice gratefully received.

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Sorry about this but my previous post about the mercantile court was wrong, I should have posted that against my claim for the Nationwide. (had most of it back already just claiming £175 difference now).


However, I did get a letter today saying that my Abbey claim (£1675.00 - Buenos Aires here we come!!) had a small claims court date of 5th June. Tried ringing Abbey and was told that they wouldn't settle or even contact me until the court date. I offered to settle without bundle costs etc but they werent interested. Fine by me. More money coming in my direction!! Can anyone point me in the direction of a thread that tells you about the bundles. Also, I'm debating wether the bundle work is worth it, ie do you only get it if you hand it in to the court and send a copy to the bank? Cant I just say I'd prepared it in the hope they settle before the court date?



Thanks again and sorry for mix up re earlier post. 5th June is much better than 20th July!!

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The court bundle is very important, it shows just how serious you are, and in the event it does actually go to court (very rare I know) you don't want to be caught with your trousers down!! It doesn't take long to do and is quite satisfying once completed.

Abbey 1 settled in full 01/05/07

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  • 2 weeks later...

Received a letter yesterday offering about 1k, £600 less than my claim is for. Standard letter, ie there must be a charge for these defaults. Unfortunately I've been away on a course all week and just got back today so havent had time to do the bundle yet. I could do it tomorrow and post everything then as well, but I think I read somewhere it needed to be with bank and court 14 days before court date and my court date is next Tuesday (5th June), and in fact I'm not even sure if I got the letter advising me of the court date 14 days before that date. Not sure how to proceed? Shall I just call them tomorrow saying I will only settle for full amount or should I do the bundle and post it first class tomorrow in the hope it reaches both destinations on Monday? And if so, is it not highly unlikely that Abbey will have time to process it and respond before the actual court date the very next day? Any thoughts folks?


(I can smell victory but dont want to mess it up at this late stage!!)

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Letter received on Saturday offering the full amount and then a bit more over my original claim - £1901.44 in total!!! hurray!!!


Worth it in the end. I take it I dont tell the court until the cheque arrives or should I let them know anyway, the case is supposed to be tomorrow but I guess Abbey will let the court know to withdraw the claim but I'm sure I read on here somewhere that you shouldnt let them know until the chq has cleared. Is that right? Or shall I be in trouble with court if I dont let them know today?


Also - how do I donate to this fabulous site and how do I mark my thread as ***WON***?


Oh happy days. Thanks folks for all your help. Couldnt have done it without you.

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