Hi, Need some advice.... I received a letter this morning with a summons which states on it below: "On or around 4th August 2007, Phoenix Recoveries (UK) supplied mail order goods to the defender in terms of an agreement regulated under the consumer credit act 1974." I have not received any mail order goods or entered in to any consumer credit agreement with Phoenix Recoveries (UK). I have received mail order goods from another company who I think are now pursing me (cannot be sure as the summons/letter gives no indication) Where do I stand with regards to challenging them? Is there anything I can do? I don't have any statements or ways of identifying who this is. Thanks.

i have those available on the la redoute site,i think thats around 3 or 4

Ah i see, so my only option now would be to sit tight until April 2014 for it to fall off my record? Am i correct in thinking that the debt itself is now statute barred as 5 years have passed since the last payment as i'm in Scotland?

i havent made any payment since sept 2007

It appears to be an old catalogue debt from an address i lived at in 2007, the CRA file shows the default date as April 2008 and last payment in September 2007. It appears that the account is still accessible via their website and i can see that the balance at the moment shows as £0 and was passed to DCA for around £246 in April 2008. I moved away from the address in early March 2008 and they have never pursued at any new addresses. Hopefully this info is helpful for advice.

Thanks for the reply, so i guess that ii would have to go down the route of asking them to supply a copy of the original default notice (i never received any default notice, if sent at all it was to my old address) and hope that something was wrong from there?

I recently applied for a job which required a credit check and was rejected for the position - turns out i have a default on my file which has a date of October but the last payment date is Feb 2008 from what i can see on the account. I have had no contact from the company (La Redoute) and I am aware of the Scottish time bar of 5 years for pursuing of debt, however, I have a question about this. If i write to the company with regards to the time bar, will this be removed from my credit file or will it remain for the 6 years as per English law? The debt shows as reporting until April 2014 but with this being my only default and the rest of my credit file being fine it's costing me a job and potentially others going forward, in the current climate this is not ideal obviously. Any advice and help would be appreciated, thanks.

thought i'd give an update on this, forgot about it - i got the laptop replaced after some grumbling and a few hours spent in store trying to get past lots of hurdles that were getting put in my way but in the end i got to deal with a fella that wanted to help and a manager who was eventually coaxed round to seeing that the problem wasn't what he thought it was so fair play to them fingers crossed the new laptop wont give me grief.

I've sought legal advice on the matter and have been advised i've a good case, my course leader has also stated that he feels that it will inconvenience me as i wont have 24/7 access to on campus PC's as the building closes and also that i have to work to subsidise my living outside of lectures. its amazing how for a consumer forum that people are quick to jump down throats and dismiss rights of someone even to the point of the post by labrat above. i expect that from the currys employee above that is out to back up his employers but at the end of the day i came here to discuss my issue having seen another person have issues with an acer and have started on an advice track and quickly turned to a rabble

they have an obligation to offer a resolution - they offered the repair which is not suitable and i am exercising my right to an exchange as per SOGA why should i have to inconvenience a family member by taking their laptop or computer? i could realisitically be without a laptop for the 28 days and that would mean it's not just me thats being inconvenienced i'm not being difficult or chancing my arm, i'm being realistic here - why should i forgo my legal rights just to suit a massive retailer, if we just roll over and accept what they want we might as well just give up our consumer rights and accept any old rubbish that retailers throw at us

With regards to the length of time to take a small claims action, according to my local sheriff court the earliest date they could give me is early April, and in the mean time I could communicate with any departments within Currys as is necessary, litigation or otherwise. An inherent fault is ANY fault with an item which has always been there, your referring to a manufacturing defect which then would cause product recalls, this is not what I'm talking about. Sale of Goods Act Fact Sheet - BIS Taken from the above website, a government website fact sheet about the Sale of Goods Act.

i dont see how, i bought the laptop for the purpose of using it for my course and the work involved in it. It's faulty therefore its not allowing me to use it for that purpose = its not fit for its purpose within 6 months of purchase i have the right to go back to the seller if there is a fault as its seen as an inherent fault that has been there since day 1 and the onus is on the seller to prove the fault is there - i have posted proof of the fault above to show that which i have gone beyond what is required of me. the seller has to offer a remedy (repair/replace or refund) in this case a repair which due to the nature of my purchase is not satisfactory to my needs as i bought the item for my course and by not having it for up to 28 days significantly inconveniences me as it stops me from being able to do my coursework in my free time as i have to work when i am not in lectures. section 48 covers me in these aspects and the seller has to recognise my rights, i have recognised theirs by allowing them to try to resolve the matter and not seek to go straight to court action - i see no reason to at this juncture when they can simply exchange it as going to court will cost them more as they will have to exchange the laptop and pay the costs which will amount to more than the cost of the laptop when i bought it a small claims action is based on the balance of probabilities as i said before they would look at: would leaving a student, who bought the laptop for their course purpose, be a significant inconvenience - yes it would as its now going into the final months of term and approaching exams would there be a financial detriment to the seller by exchanging the laptop - no, they would get recompensed by the manufacturer upon return of the goods in question

i'm not, i simply can't afford to send it away and take the risk that it will be gone for the 28 days my legal rights are that i can have it exchanged, currys have to recognise my rights - i'd be happy to send it away if they give me a laptop to use to save me the inconvenience and was told that i couldn't have one

have a look at post 3 of this thread at the highlighted sections it does state that in the sale of goods act and yes it does have a 500gb HDD

why should i? i'll then ihave paid £450 for a laptop which i'll have then had to buy a new 500gb HDD for when the laptop is only 5 months old, why should i have to pay out of my own pocket when the sale of goods act states i am legally entitled to a repair/exchange or refund within 6 months as the goods are not fit for purpose and i'm being inconvenienced as i bought the laptop for my course and i can't use it for its purpose. would you be happy to do that?