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Re: SCS & Creation Loan
Thank Paul... What would we do without you??? 
OK. Do you think a letter without any S75, etc in and just an explanation of what is going on with the sofa and why I have not made any payments towards it? Then, wait and see what they send back and hope they do not issue any court papers but instead answer my letter. That would then give me more time and they would at least understand why we are at this stage with the involvement of the solicitors?
OR
Think is best to do a letter using S75 in your post (earlier on in the thread where you have picked a section out) and the OFT guides for the Consumer and what they are expected to do and not to do as highlighter a part of it below?
[B][I]Faulty goods that have been accepted
If the item does not conform to contract (is faulty) for any of the reasons outlined and the customer has accepted the goods, the law says the customer is entitled to claim a repair or replacement of the goods in the first instance.
If either a repair or replacement is not possible, or the cost is greater than the value of the item (disproportionately costly), or the customer claims either option is taking an unreasonable amount of time or is causing unreasonable inconvenience, the customer is then entitled to
keep the goods and claim a price reduction from the retailer to compensate them for the fault in the goods - this would be the difference between the value of the product in perfect condition and the value of the product in the faulty condition, or
return the goods and rescind the contract . This would mean that the customer returns the goods and you provide a partial refund, calculated to reflect the benefit the customer has received from the product.
Where a customer is entitled to repair or replacement because they have accepted the goods, they can claim price reduction or partial refund if the repair or replacement is
taking an unreasonable time, or
causing an unreasonable inconvenience, or
if the repair or replacement is not satisfactory when they receive it.
When you calculate price reductions or partial refunds, think about what an impartial person in a court would think is a reasonable amount.
Proving a problem
Included in the law is a section on burden of proof. This outlines whether you are entitled to ask a customer to prove that an item was faulty when they bought it from you.
The details of the law are explained opposite. If you are considering asking a customer to prove that an item was faulty when they bought it from you, it is important to consider what proof an impartial person in a court might feel was required. For example, someone in a court might accept that a simple customer statement saying that their item did not work correctly would be sufficient proof.
75 Liability of creditor for breaches by supplier.
(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or © has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
(2)Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.
(3)Subsection (1) does not apply to a claim—
(a)under a non-commercial agreement, F1. . .
(b)so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding [F2£100] or more than [F3£30,000][F4, or]
[F5(c)under a debtor-creditor-supplier agreement for running-account credit—
(i)which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and
(ii)which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.]
That could be made up to a letter and be more suitable than the one you have posted up for LBA on CC/loans, etc
What do you think?
Originally posted by Paul.
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OK. Do you think a letter without any S75, etc in and just an explanation of what is going on with the sofa and why I have not made any payments towards it? Then, wait and see what they send back and hope they do not issue any court papers but instead answer my letter. That would then give me more time and they would at least understand why we are at this stage with the involvement of the solicitors?
OR
Think is best to do a letter using S75 in your post (earlier on in the thread where you have picked a section out) and the OFT guides for the Consumer and what they are expected to do and not to do as highlighter a part of it below?
[B][I]Faulty goods that have been accepted
If the item does not conform to contract (is faulty) for any of the reasons outlined and the customer has accepted the goods, the law says the customer is entitled to claim a repair or replacement of the goods in the first instance.
If either a repair or replacement is not possible, or the cost is greater than the value of the item (disproportionately costly), or the customer claims either option is taking an unreasonable amount of time or is causing unreasonable inconvenience, the customer is then entitled to
keep the goods and claim a price reduction from the retailer to compensate them for the fault in the goods - this would be the difference between the value of the product in perfect condition and the value of the product in the faulty condition, or
return the goods and rescind the contract . This would mean that the customer returns the goods and you provide a partial refund, calculated to reflect the benefit the customer has received from the product.
Where a customer is entitled to repair or replacement because they have accepted the goods, they can claim price reduction or partial refund if the repair or replacement is
taking an unreasonable time, or
causing an unreasonable inconvenience, or
if the repair or replacement is not satisfactory when they receive it.
When you calculate price reductions or partial refunds, think about what an impartial person in a court would think is a reasonable amount.
Proving a problem
Included in the law is a section on burden of proof. This outlines whether you are entitled to ask a customer to prove that an item was faulty when they bought it from you.
The details of the law are explained opposite. If you are considering asking a customer to prove that an item was faulty when they bought it from you, it is important to consider what proof an impartial person in a court might feel was required. For example, someone in a court might accept that a simple customer statement saying that their item did not work correctly would be sufficient proof.
75 Liability of creditor for breaches by supplier.
(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or © has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
(2)Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.
(3)Subsection (1) does not apply to a claim—
(a)under a non-commercial agreement, F1. . .
(b)so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding [F2£100] or more than [F3£30,000][F4, or]
[F5(c)under a debtor-creditor-supplier agreement for running-account credit—
(i)which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and
(ii)which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.]
That could be made up to a letter and be more suitable than the one you have posted up for LBA on CC/loans, etc
What do you think?
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