SCS & Creation Loan

[Never-In-Doubt]

Re: SCS & Creation Loan

^^^ yea let's do that. We'll see what parts are useful/relevant and create a stinking letter

Good plan

[Flossy]

Re: SCS & Creation Loan

UPDATE - CREATION

Had been emailing Niddy to try and do a letter for these people but havent heard back yet. (I meant from Niddy)!!!

Got a letter today from Drydensfairfax Solicitors (bit of a long name) lol

Anyway, the letter is a THREAT BEFORE COURT ACTION as they have already defaulted me and now legal proceedings will begin in 14 days! I have just received this letter literally 5 mins ago.

Need to act fast on this one now and wondering if Paul can give any further advice that may help me?

Will PM Niddy to remind and advise him.

[Paul.]

Re: SCS & Creation Loan

UPDATE - CREATION

Had been emailing Niddy to try and do a letter for these people but havent heard back yet. (I meant from Niddy)!!!

Got a letter today from Drydensfairfax Solicitors (bit of a long name) lol

Anyway, the letter is a THREAT BEFORE COURT ACTION as they have already defaulted me and now legal proceedings will begin in 14 days! I have just received this letter literally 5 mins ago.

Need to act fast on this one now and wondering if Paul can give any further advice that may help me?

Will PM Niddy to remind and advise him.

This seems to me to be a letter of claim.

If it is, then its important to consider if the letter complies with the pre action protocol and if not, then the solicitors failings should be outlined to them within any reply.

The pre action protocol sets out what you must do, so if you are still disputing the defective goods, then you should reply setting out that the Claimants claim is rejected on the basis of s75 Consumer Credit Act liability.

It is important not to ignore the letter as to do so would open you to costs consequences

[Flossy]

Re: SCS & Creation Loan

I hate this one... I am completely brain dead when it comes to Creation... I compiled a lot of bits for a letter and then added the bits I thought where most important in Paul's very long S75 piece that he did and I emailed to Niddy but I haven't heard back. Maybe I should try and make a letter from it myself and see what happens??? If anyone has any advice that will help me please feel free to make any comments...

I just feel like this is such a big, long drawn out thing that a letter (if left to me) will be about 100 pages long. So much has happened with this that its hard to know where to begin, the main content and the ending??? They are now going to be saying that I have had the sofa for x amount of years/months that any damage/ware and tear is inevitable! Creation wont be bothered about the bad service I have had and it being a sofa I didn't pick and was signing agreements at my home when I was off my trolley straight out of hospital! mmmm... Need to make short and sharp, to the point and good end! Help?

[Flossy]

Re: SCS & Creation Loan

This seems to me to be a letter of claim.

If it is, then its important to consider if the letter complies with the pre action protocol and if not, then the solicitors failings should be outlined to them within any reply.

The pre action protocol sets out what you must do, so if you are still disputing the defective goods, then you should reply setting out that the Claimants claim is rejected on the basis of s75 Consumer Credit Act liability.

It is important not to ignore the letter as to do so would open you to costs consequences

I know hence why I am trying to get some idea as to what is the best way to do things.. Are posts crossed at the same time!

You mean them claiming money back? Yes they have said they want the money plus a massive £1k interest to be paid back.

So you mean that me disputing the defective goods I need to reply setting out the Claimants claim is rejected? You mean using all the S75 you wrote down last time?

I want to get a letter off as soon as I can. I did get all the information together and took out the bits of your S75 and Niddy was working with me to do the letter but I haven't heard from him...

Once I get a few ideas and understand it I will be fine I just need to understand what you are saying and put it down in writing to them... (not exactly what you say!)

[Flossy]

Re: SCS & Creation Loan

"If it is, then its important to consider if the letter complies with the pre action protocol and if not, then the solicitors failings should be outlined to them within any reply."

What is the pre action protocol?

[Paul.]

Re: SCS & Creation Loan

"If it is, then its important to consider if the letter complies with the pre action protocol and if not, then the solicitors failings should be outlined to them within any reply."

What is the pre action protocol?

PRACTICE DIRECTION – PRE-ACTION CONDUCT - Civil Procedure Rules

[Flossy]

Re: SCS & Creation Loan

Sorry Paul,

So basically if I am still arguing the defective goods then I should be writing back saying that the claimants claim is rejected on the basis of S75 which explains that they are both liable for the goods, etc??? Am I on the right road?

[Paul.]

Re: SCS & Creation Loan

Sorry Paul,

So basically if I am still arguing the defective goods then I should be writing back saying that the claimants claim is rejected on the basis of S75 which explains that they are both liable for the goods, etc??? Am I on the right road?

thats the question

Are you still fighting them over the sofa??

or is it now all sorted and you are now needing to pay for the goods?

Just want to clarify where were at here

[Flossy]

Re: SCS & Creation Loan

thats the question

Are you still fighting them over the sofa??

or is it now all sorted and you are now needing to pay for the goods?

Just want to clarify where were at here

I am still disputing the goods as they are defective and not the goods I actually wanted or chose! The first sofa I had collapsed and under their own agreement (SCS) section 3.2.4 (or whatever) it says that "any stock can be returned without any further action and agreement of loan cancelled. They wouldn't do that and they ignored everything I said. I even wrote to the top guy there and he ignored me and they said I had to take another sofa. I then while just out of hospital and completely away with the fairies on Morphine and ketamine,to name a few sent a sales man to my home to talk about the sofa and got me to some how sign for another sofa! It was completely different than the first one and wouldn't fit in the room so its been in the garage since they brought it round. I had no other alternative seating so little choice but to accept it. I was told by the manager of the store (3rd one I had dealt with) who also came to my house that if I wasn't happy it could be returned! This was not the case and despite me fighting all this time and Creation trying to contact SCS it has now got to this!

[Flossy]

Re: SCS & Creation Loan

Creation have issues a default notice upon you under the CCA 1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands the sum of £x (nearly 1k over the original amount despite they put on hold several times and was suppose to charge me anything while it was investigated)

Our intention is to obtain a CCJ against you.

[Paul.]

Re: SCS & Creation Loan

Creation have issues a default notice upon you under the CCA 1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands the sum of £x (nearly 1k over the original amount despite they put on hold several times and was suppose to charge me anything while it was investigated)

Our intention is to obtain a CCJ against you.

well in that case you need to reply setting out that the matter is disputed and that the creditor is jointly and severably liable for the defective good. Therefore if they were to issue a claim against you, you would have a counterclaim under s75 Consumer Credit Act 1974 against their client

[Flossy]

Re: SCS & Creation Loan

well in that case you need to reply setting out that the matter is disputed and that the creditor is jointly and severably liable for the defective good. Therefore if they were to issue a claim against you, you would have a counterclaim under s75 Consumer Credit Act 1974 against their client

Thank you Paul.

This is very similar to the bespoke letter you did for someone recently that I am also using for MBNA's threat of litigation set out below. Maybe pick bits out?

"Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim albeit an entirely defective one.

I refer you to the Civil Procedure Rules pre action protocol practice direction, in particular Annex A and Annex B, you will note your letter fails spectacularly to comply with either of the aforesaid Annexs.

Since you are a firm of solicitors, i cannot excuse such failures and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre action protocol.

Turning to the subject matter of your letter, this matter is subject of a dispute which has been raised with your clients representatives and therefore it would be appropriate before you threaten litigation for your clients client to actively deal with the issues which i have raised.

The main crux of my dispute is .................................................. ......


Accordingly and in accordance with the CPR pre action protocol practice direction i look forward to your reply setting out correctly the nature of your clients claim and answering my dispute as stated above."

Is this the same kind of letter I could be writing to Creation? Or should I just use what you have said mentioning S75 and issuing a counter claim?

[Flossy]

Re: SCS & Creation Loan

Paul,

Could I use the above letter for Creation or is it not suitable? If not I will make a letter from S75.

Thanks

[Paul.]

Re: SCS & Creation Loan

Paul,

Could I use the above letter for Creation or is it not suitable? If not I will make a letter from S75.

Thanks

Thats tricky

I would stress you need to tell the solicitors what the issues are, why you are unhappy with the sofa and what you want from their client.

Its not a simple case of saying Im gonna counterclaim under s75 liability, you need to tell them what is wrong with the sofa as well.