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    • My son made a purchase of digital content through the Xbox Store using his Microsoft account credit, however the digital content did not materialise on to the game it was for.   He submitted a refund request to be told he had 'exceeded' the amount refunds allowed in a year... which was 2.  We submitted another refund request on the basis that if goods (even digital) are not delivered, they should be refunded, regardless of the amount of times it has happened previously.   The 2nd request was also declined.   We've submitted a 3rd request today which I'm expecting to be declined again, however for me this behaviour does not seem either fair nor legal to decline a refund in a reasonable situation where the goods have not be delivered - regardless of how many times a refund has been granted in the past.   Can anyone point me in the right direction as to how I can take this action further?   The monetary value is low (£7.99) but to a 12 year old who has spent his (earned) pocket money on goods that are not received, its the principal of standing up for himself when something is not right (at least in our eyes).   Does anyone have experience of this kind of practice of online digital content providers applying a blanket refund policy without actually considering the validity of a refund?   Hoping you can help!
    • And back to your problem, it seems to me that your client is trying to get something for free. I can tell you now that there is zero chance of this happening. Even if there is some liability in respect of delay – which is highly unlikely, he will have to pay a reasonable price for the work done. If he wanted to stand any chance of claiming consequential losses caused by delays then he would have to show that these were reasonably foreseeable. In can you tell us about the water damaged floor. How did that occur? Presumably it was nothing to do with you. I understand that your client commissioned additional works which affected the timescale for your own contract. Please can you tell us more about that. Did it cause a delay to you? Did it cause you any inconvenience? Did you suffer any losses?
    • Can I get some help please , I m about to fill POC on MCOL . I m not sure what figures write below I presume I select Yes and then answer questions below :  - Date money become owed to you - ? - Date you are issuing claim -  will be today date  - Claim amount - 2338£  - Daily rate of interest up to the date of judgment - ?        You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here  You must serve any additional documents on the defendant within 14 days after service of the claim form. Do you want to reserve the right to claim interest under the County Court Act? If yes please select 'yes' and complete the following fields. If you wish to claim interest under any other act or agreement please select 'no' and enter the full details of your interest agreement in the box below.    Yes  No Right to claim interest is required. If yes is selected, the relevant associated text will be automatically inserted in the claim particulars when the claim is submitted.   Date money became owed to you (dd/mm/yyyy):     Date you are issuing the claim (dd/mm/yyyy):     Claim amount: £   Without interest. Daily rate of interest up to the date of judgment: £   Please enter the interest as an amount. If you are unsure how to calculate the rate of interest please refer to the user guide. A short statement (maximum 1080 characters) of what you are claiming for and why.  
    • @Eckington   Yes, very sorry. I can see that my post was misunderstood. We have a constant battle with spammers. Normally they are from overseas but occasionally we get debt collection people parking people claims management people who come on here and try to get business and make money out of people who come here for the help we give for free. In this case, it was user @CLAIM RECOVERY has now been banned from the forum. I'm afraid that due to data protection I can't actually give you the name of the firm that he was spamming for although we do know it.   His spamming post was immediately hidden. You may have received a notification of it but when you visited the forum you are unable to see it and you assumed that my earlier post was a criticism of you. I can see how this happened and I apologise  
    • It just needs to be tweaked as it's going to Elms, not VCS.  So -   How many times has your client Simple Simon been hammered in court on airport claims?  Does he want another one?  Then fine, I will go for an unreasonable costs order under CPR 27.14(2)(g) and then spend it all on a foreign holiday after all borders reopen while laughing at your and your client's expense.   All the rest is fine.  Write at the bottom   COPIED TO SIMPLE SIMON, VEHICLE CONTROL SERVICES LTD   Invest in two 2nd class stamps, send off copies to both Elms and VCS, and get two free Certificates of Posting from the post office.    
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Urgent help needed with CCJ set aside appeal


lurker1
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Have you sent them a CCA request? If not you should do so. Sorry but I just skimmed through your Lurker 1 v Capital One thread.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks will do that and send it off tomorrow, is it to late to apply to the court to have an appeal heard at an hearing, could this be costly and have I lost all chance of winning it?

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Really I'm not sure. It might be worth pm'ing tifo as I believe he is in the same sort of position as yourself.

 

I have posted below a possible defence, which has been successful, should they not provide the copy of the CCA.

 

Originally Posted by tomterm8

1. The defendant does not admit or deny the debt, and put the claimant to strict proof thereof.

 

2. On XXX the defendant sent a request under the consumer credit act for a true copy of the executed Credit Agreement, and a statement of account detailing the principal, and all charges and fees made in respect of the debt, the claimant received the request on the XXXXX 2007 by recorded delivery and the claimant has so far failed to send the defendant the required information.

 

I would respectfully submit the debt is unenforceable under the Consumer Credit Act 1974 until such time as the claimant provides the necessary information.

 

3. The claimant states the alleged debts were purchased from XXX and XXX. I have not received a notice of assignment for the alleged debts from the original creditor. I therefore put the claimant to strict proof that privity of contract exists between the claimant and Defendant.

 

4. I have not received a copy of any default notice from the claimant, and ask that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted .

 

5. During the period in which the Account [was] operating the Claimant and/or original creditor debited numerous charges to the Account in respect of purported breaches of contract on the part of the defendant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

6. The defendant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Claimant; exceed any alleged actual loss to the Claimant in respect of any breaches of contract on the part of the Defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and under common law.

 

7. Therefore, in addition to asking the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925, the defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts the the amount claimed.

 

8. The defendant respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If I asked for an appeal to be heard in an hearing what would any liable costs be - anyone know???

 

Would it be hundreds of pounds or thousands??

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I went to hand in my letter requesting a hearing today but the court was closed, so will go back tomorrow.

 

Anyone know what the financial liablities could be for me, for instance if I lost the appeal at an hearing would I be liable for thousands of pounds or hundreds??

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I really don't know - how about phoning CCCS Tel:0800 138 1111.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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