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    • Thanks Andy, There will be money left as they own their house. That's why I was thinking it may be cheaper to pay off the debts now, with a discount, rather than in full when the time comes.
    • No hard or fast rules ...if you have referred to it or intend to refer to it and rely on a document as evidence it goes on the list as an exhibit. No you can raise that within your statement but remember that sec 69 is at the discretion of the court a judge may allow the full amount claimed or reduce it to a lower % or none at all. Yes the claimant must serve their N265 on you...any document on theirs that you do not have you can request a copy and then use in your statement. Will it assist your defence ?
    • Hi all, I have previously been helped by the wonderful people on these forums, which helped me out of debt and to a much stronger position that I am in today, for which I am eternally grateful. My debts were all cleared, I now have no debt (apart from a mortgage) and an excellent credit file. I did also show my gratitude with a donation, which even if it helps just one other person out of spiralling debt, it would have been worth it. Sadly, my elderly parents did also run up some debts a few years ago, some through loans and some through credit cards. A few years ago, my father had a medical episode which has left him paralysed on one side of his body and now is confined to a wheelchair, and is pretty much non verbal (he can only manage a handful of words, and gets confused easily). I'm seriously not sure how far any County Court Action would get against him due to his current state, if any of the DCAs were to proceed down that route. Luckily nonw have tried, but can only think that any action would be discontinued by a judge. Before his medical episode he did set up a payment plan with some of the DCAs that were chasing him, which have continused being paid to this day from his bank account. They are literally minimum amounts, but obviously these actions have kept those debts current. However, some of the other debts have since become statutory barred due to the time elapsed since the last COA. My mum does have Power of Attorney over his financial affairs so can act on his behalf, with me as backup if god forbid anything happens to my mum. Their wills are set up for everything to go to the other should either of them pass away, and then to their children upon the passing of both of them, with myself being named as the executor on both of their wills. I have recently been reading up on the role of an executor, and part of the duties is to pay any outstanding liabilities before distributing the remainder of the estate. I have seen, in several instances, of a recommendation of posting about any death in the local newspaper column and the gazette to limit any future liabilities as executor in case of any debts that are unknown to myself. But this does lead me onto the debts I do know about. Am I right in thinking that the current debts that my dad has been making token payments on would have to be repaid in full to the DCAs upon his death? If that is the case, is it worth negotiating a full and final settlement, with a discount, on his behalf now? And with the debts that are statutory barred, am I correct in presuming that they would not need to be paid upon my dad's death as they wouldn't be legally enforcable in court? Thanks in advance for all of your help!
    • Hello AndyOrch For the n265 please would the below list of documents be sufficient ? 1. Pre-Action protocols. Claimant confirmation that they have not complied or have only partially complied (last page of claimants N181 Direction Questionnaire) Dated 16/04/2024 2. Copy of the Lease - Dated 4th September 1998 3. Statement of account (up to 1st Feb 2024) - Dated 20/02/2024 (This shows a slightly different balance to the one included in the Claim form as theirs was only up to 24th Jan 2024) 4. CPR 31.14 Request - Dated 28/02/2024   With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ? Additionally should I include any e-mail exchanges (I don't have all as some went to junk and auto deleted due to an issue with my e-mail account and I was reliant on my phone for seeing e-mails) ? I don't have the last e-mail that was sent prior to the claim being issued. I guess that I can ask the claimant for a copy of this one ? The claimant has refused to action the CPR 31.14 request.  Regarding the Section 20 notices relating to the major works, should I include if we have a copy ? Is there anything else that I should include in the list relevant to our defence ? Will the claimant send us a similar list via N265 ? They did include a Continuation Sheet with their N244 giving a background of the case. Just wondering how we know all of the documents that they will rely on.   As always really appreciate any help and guidance that you can provide.
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Ikea and proof of purchase


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My girlfriend purchased a bedframe from Ikea 10 months ago, 2 weeks ago it collapsed. As she no longer has the reciept or any other form of proof of purchase (due to paying with cash) they have refused to help. I've spent over a week on this, emails going back and forth, with little progress, as a result I've started a claim on moneyclaim. I think we have a pretty strong case as proof of purchase is to prove to things, 1. that the product was purchased from them , and 2, how old it is. Ikea are the only supplier of this bed and the sales of goods act says that it must last a 'reasonable amount of time'.

 

 

Another example of a company making a poor business decision, I was originally after just the replacement parts, but after inconveniencing me so much, now I want a refund and to buy a replacement elsewhere. For the sake of £30, they have lost the goodwill of a customer that would have spen thousands with them over the years.

 

Of course, this is the problem with big business, the people dealing with your complaints could rarely give a monkeys.

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I would think that proving it came from Ikea is not the issue - most of their stuff is uniqe to them - What seems to be the stumbling block is the date of purchase.. Can you not get a copy bank statement showing funds withdrawn from an ATM local to the store on the day of purchase?

 

Mike

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Hear hear. I had the same problem, bought table and 6 chairs, 2 carvers. Cost over 1 k in total. Chairs kept on breaking at the same place on the back. They refused to do anything about it, and said it must have been "customer misuse", but declined to explain how that could have been done. In the end, I paid off my Ikea card, on which I had spent literally thousands in the past, and probably would have again in the future.

 

I wish I had known about this site then. Good luck to you. Ikea are the pits when it comes to customer service.

 

.

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I would think that proving it came from Ikea is not the issue - most of their stuff is uniqe to them - What seems to be the stumbling block is the date of purchase.. Can you not get a copy bank statement showing funds withdrawn from an ATM local to the store on the day of purchase?

 

Mike

 

Sorry the date of purchase may not be relevent if the product is unique to Ikea & they have only been stocking it for a short time.

 

A bed is often expected to last a life time so it collapsing after only 10 months does mean I think that you have a good case for compensation

 

PS I assume someone was in it at the time & if so where they injured. Anyway. if they where get a lawyer to handle your claim on a CFA which will include personal injury.

 

They might just wish they had settled when they had the chance :cool:

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Sorry the date of purchase may not be relevent if the product is unique to Ikea & they have only been stocking it for a short time.

 

A bed is often expected to last a life time so it collapsing after only 10 months does mean I think that you have a good case for compensation

 

PS I assume someone was in it at the time & if so where they injured. Anyway. if they where get a lawyer to handle your claim on a CFA which will include personal injury.

 

They might just wish they had settled when they had the chance :cool:

 

My point exactly, I think a judge would agree that a bed should last at least 5 years.

 

Someone was in the bed at the time, did I mention its a new girlfriend :-) As for claiming for injury, its lucky for them I have scruples although I do want to teach them a leson.

 

Anyway, got a call from some woman today who apologised for the way things had been dealt with (didn't know about the legal action though) and promised someone would call me. Lets hope sense prevails.

 

My recent poor experiences with poor customer service and rip off charges has prompted me to start my own little consumer blog, detailing all my trials and tribulations. I'll let you know the URL when its done.

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So I've recieved a call from them this morning, they have found the receipt details and it turns out that its 14 months old. They have offered to replace the bed but not refund the court costs or delivery charges, this will leave us out of pocket by about £80. It would be simply cheaper for us to go to court, win a refund and purchase a new bed with free delivery.

 

I think Ikea should be doing more to pacify us, my girlfriend has been sleeping on the floor for a week and I have spent considerable time and effort trying to get a resolution.

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If they had offered this at the start as they should have done then you wouldn't have had to pay the court costs in the first place!

 

I would be really tempted to send them a letter by recorded delivery saying you intend to continue with your action - or would this be seen as refusing a reasonable settlement by the courts?

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

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No, it wouldn't. You have started court action, the way for them to settle is pay that too. They should have acted faster.

 

Don't withdraw your court action until they have paid up in full. Next tiem, they might take people more seriously.

 

.

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Well, I've told them I will see them in court.

 

Their course of action is ludicrous, its going to cost them a lot more to defend the claim than it is to settle, and then there's losing the goodwill of the customer. Why do people make such bad business decisions that make no financial sense?

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I know they will, which makes the situation all the more farcical! They gain nothing by being so objectionable, they expend money and time arguing, annoy the customer and still pay out in the end! Of course, we all end up paying for this lunacy in higher prices at the checkout as all of this expense has to be taken off the bottom line. I was stunned to find out that my local shop loses £500 a week in stolen coffee! When I asked how on earth they turn a profit, I was told its all built in to the price of the products.

 

There needs to be a sea change in the way customers are dealt with in the UK, its appalling. I took a TV back to Costco after 13 months and they gave me a refund, no questions asked, but then of course they are an American company.

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  • 4 weeks later...

Just an update. They filed an acknowledgement on the 14th day, but failed to enter a defence within the 28 day limit, so have now got a default judgement. Here's hoping I get to send the baliff's in :-)

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Ikea stuff..........Swedish highly rated but dont do the job....just like an ex England Nanager ....

 

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Just an update. They filed an acknowledgement on the 14th day, but failed to enter a defence within the 28 day limit, so have now got a default judgement. Here's hoping I get to send the baliff's in :-)

 

What, and get some furniture??? :D

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What, and get some furniture???

 

"Oh, by the way, when you do go in to seize property, don't bother with the auction, just bring the stuff here." :)

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Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Well you have given them ample time.

 

To quote a good old English saying "Theyve made their bed and now have to lie in it "..........and just be careful the bloody thing doesnt collapse in the process !!

 

 

:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Why not tell them someone will be collecting the cheque for you...........in a black suit !!

 

 

:o

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Had a call from them yesterday saying that a cheque was in the post. I'll believe it when I see it.

 

Just a point. To satisfy the judgement they should be paying into court not directly to you.

 

Apart from being the correct procedure they can't bounce the cheque.

 

Also their cheque to you might not be for the full amount including all costs

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Well still no payment so requested the warrant this afternoon.

 

Once this is all finished, I'll be writting to Ikea's top dogs and recounting the whole sorry mess to them. I'd like to think that at some point, someone will realise what a terrible customer experience this is, and do something about it. For example, there is no way for me to contact the store directly, its all through a central customer service department, who's role it would appear is to be a glorified message forwarding service. They continually say they can't help and the matter has been passed to the store, sometimes they call you back, sometimes they don't. Apparently, they have taken exception to the sarcastic tone in my emails, what they forget is that I've been banging my head against a brick wall for 6 weeks, thats enough to make anyone a little sarcastic.

 

Anyway, what started off as a simple request for the replacement of 2 parts, probably costing a few pounds, has now cost them £253 plus any additional costs they have incured from 'attempting' to fight this case. It always makes me laugh when companies try to save money by cutting services or jobs, often a little bit of common sense in dealing with customers would save a hell of a lot more.

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Well still no payment so requested the warrant this afternoon.

 

Once this is all finished, I'll be writting to Ikea's top dogs and recounting the whole sorry mess to them. I'd like to think that at some point, someone will realise what a terrible customer experience this is, and do something about it. For example, there is no way for me to contact the store directly, its all through a central customer service department, who's role it would appear is to be a glorified message forwarding service. They continually say they can't help and the matter has been passed to the store, sometimes they call you back, sometimes they don't. Apparently, they have taken exception to the sarcastic tone in my emails, what they forget is that I've been banging my head against a brick wall for 6 weeks, thats enough to make anyone a little sarcastic.

 

Anyway, what started off as a simple request for the replacement of 2 parts, probably costing a few pounds, has now cost them £253 plus any additional costs they have incured from 'attempting' to fight this case. It always makes me laugh when companies try to save money by cutting services or jobs, often a little bit of common sense in dealing with customers would save a hell of a lot more.

 

Can I come & watch when the bailiffs go in & seize property.

 

I bet the store manager will know nothing about whats going on. Should cause a few heads to role.

 

Make a fuss in a public area & using your most officious voice let everyone within earshot know that your there with bailiffs. Don't be made to go somewhere "private" stand your ground you'll get dealt with pretty dam quick. Incidently should they offer it you dont have to accept a cheque at this enforcement stage, tell them cash only mate as they would if the shoe was on the other foot.

If they refuse to sort it out there & then or use their security to stop you removing goods demand the name of the store manager as the court will expect the manager to attend court to show just cause as to why they failed to comply with the courts order.

 

Great stuff & worth missing telly

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