Thank you both for your quick replys - I guess there is always a bit of a risk with a non UK based company, but they have been trading for some years and I haven't had any problems before - I guess you live and learn

Good afternoon all This is Mrs Baldylocks here, hijacking OHs account for a bit of advice - hope that's ok Towards the end of November I ordered a DVD boxset from CD Wow as a Xmas pressie for a friend. It still hadn't arrived by the weekend before Xmas, so I sent an email to CD Wow cancelling the order and went and bought a copy from HMV instead. Of course the CD wow boxset duly turned up 2 days later, so I emailed again and explained it had arrived too late, so I wanted to return it. CD Wow sent me a form and return envelope, and I sent the parcel off to them on 31 December - I have a proof of postage. Since then I have heard nothing, and no money has been refunded - it is over £30, which is a lot to us. Would someone be kind enough to advise me on how best to proceed to get my money back - I am not sure of my rights or their obligations, so any pointers in the right direction would be most appreciated :) Thank you all, Mrs Baldylocks xx

Thank you and merry christmas (Godmother: the judge said she would make no order for costs,may be I'll have to cut my losses!) I'm sure fv-1 will be back, I'll let you know. Happy holiday!!

Afternoon everybody, just back from court and thought you'd like to know that the judge refused the claimant's application on two counts: a) 2 month delay in applying, which grossly exceeded the unless order b) Non submission and failure to locate default notice She said it was her opinion that without the latter, fv-1 would "find it very difficult to proceed with any claim"! I'm sure I've not heard the last of it but all power to the little man & thanks again for everybody's assistance & support

Thanks Josie, I've been quoting S2 cca(cancellation notices & copies of documents) regs 1983(si1983/1557), seemed to have the desired effect! I'll keep you all posted

Thanks Godmother, I've made some notes & I'll be sticking to the breach of order line & the fact that they say they attended court when they clearly didn't! As a minor issue the notice of hearing also states that I requested the case to be restored, obviously I didn't! The court are still cocking things up!!

Good evening all! I've been reading through the paperwork regarding the hearing, which is next week incidentally, it seems it's a meeting with the judge so that he/she can decide whether the case should be restored. The case was struck out in August when fv-1 failed to provide documentation requested by the judge by the agreed date. So it was breach of order, should I continue with this line (assuming I have to attend) as fv-1 have stated that they cannot provide the paperwork? I still believe that they need to make a new case as it was struck otherwise what's the point? There are some dubious points in fv-1's claim too, they state that they only found out about the strike when their agent attended court on a date that the court have said neither party was in attendance! I'm also holding my claim for costs, also ordered by the original judge, until I know what's happening. If anyone could advise me how to proceed I'd be grateful as time's ticking away!

Hello again everyone! A new development has arisen in the ongoing saga with First Direct. I have today received a notice of hearing application which states that FV-1 have requested that my case be restored. Their reasoning is that, despite the case being struck out, they didn't receive a copy so couldn't dispute it! Can they do this? Surely a strike is a strike? They have also requested that the amount be altered to the full 14k. Should they not have to make a new case?

Hi 42man, that's a great help Baldylocks

Hello everyone! I recently had a small claim against me struck out & part of the final order was that the claimant should pay my costs. I have some receipts for court papers, recorded delivery mail, etc., but have no idea how to calculate what my costs might be. Would mileage, parking and so on be acceptable and ,if so, is there a standard amount? Any advice or guidance greatly appreciated.

Yes, I did make a complaint and they have written back to me. they are saying that although I was told by a court official that they had the claimant solicitor's address incorrectly on my file, actually they hadn't - and that I should check with Royal Mail as to why my letters weren't received. It is laughable really - especially as I acually work at my local Royal Mail depot and certainly don't have problems receiving my post!! But is my word against theirs, and for now at least am just so relieved it is all over! however, I might try and reclaim some of my costs - countless recorded delivery items, petrol to Northampton and the 'unless order' charge - if there is a useful thread on here I could read up on I would be grateful to be pointed to it - have tried the search to no avail!

I am posting a copy of a letter that I intend to send to the court to get the claim struck out, and to complain about their shoddy service! Any comments and suggestions most welcome! 'Further to your Order dated 28 July 2008 (a copy of which is enclosed), I would draw your attention to the fact that FV-1 or their Representatives, have failed to comply with paragraphs 1a, 1b and 1c. Therefore, it has not been possible for me to file an amended defence as per paragraph 2. FV-1 has been in breach of the Order since 5 August 2008 and I request that the claim be struck out without further delay. I would also request that due costs be reimbursed as per paragraph 3 and would ask for information from the court as to how to proceed with this. I would also like to file a complaint against Bromley County Court concerning correspondence that should have been addressed to me being sent to Hegarty’s LLP, who are/were the Acting Solicitor for the Claimant. I believe that this error could have given the Claimant an unfair advantage, as they were aware of the status of the claim and the Court’s response to my draft Order long before I was. As a layperson I wasn’t aware how long I should wait to hear from the Court, and it was only because I hadn’t heard anything at all that I telephoned on 1 September and the error came to light. I spoke to xx in Customer Services and due to the gravity of the error; I was told the file would be passed to xx, who would contact me in due course. After several fruitless attempts to speak to xx, and as she hadn’t called me, I visited the Enquiry Office on 9 September. After waiting 50 minutes, I was once again told xx was not available, but was finally given a copy of the enclosed Order. I also requested details of the Court’s Complaints Procedure, but was told the forms weren’t available. It has since come to light that xx was alerted to the error on 2 September. I would therefore request a full explanation and formal apology from the Court.' What do you think?! Baldy

Hello again everyone, a quick update as have been away. Went to see the court about this almighty balls-up where all my correspondence has been sent to the claimants solicitors, it turns out that a general form of judgement or order was made on 28th July that unless the claimant provide me with copies of various agreements etc. that we'd discussed at the meeting with the judge by the 5th August, (suffice to say they didn't) that the claim be struck out without further notice. However, I've been advised by the court that I should submit form N244, with another 40 quid, which is an application notice. Is this correct as I've filed one previously with my draft order? Also, the court STILL haven't provided copies of the 'lost' correspondence or offered an apology, any ideas on the complaints procedure as the court "hadn't got the forms available" when I called in?

Thanks for your advice and help, I have a copy of my bank statement showing the cashed cheque and copies of all the documents, so will let you know what happens when I get to speak to the Court Manager - tried yesterday, but she doesn't work Wednesdays!

I will definitely do! And yes, I can take copies of everything to the Court, I will post what happens after I have spoken to the Court Manager, I am hoping to persuade them to look at my application quickly since it is their error.