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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

DARCYS

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Everything posted by DARCYS

  1. DARCYS
    Hi Mr. Hat - thanks very much for dropping in & giving me your perspective. It really helps. I didn't put in a counterclaim at the time of submitting my defence, but I have a figure for the charges and this will be a focus for me at mediation. I think keeping it simple is key too - which is not a strength of mine. Andy's advice has been great for keeping me 'on track' with my notes, and I'm trying to stay positive. Many thanks again. Kind regards D
  2. DARCYS
    Bless you, Citizen - thank you. I tried to dig some up but the ones I found weren't very similar to my case. Kind regards D
  3. DARCYS
    Thanks, Citizen. I was hoping Mr. Hat might look in too as he took these same people on beautifully. I need to check his thread... Appointment made for beginning of July for telephone mediation - yikes! The bonus is they won't see my red face. Any advice? Kind regards D
  4. DARCYS
    Thanks for this, Andy - lots for me to think about here. I'll try not to 'overthink' which I do a lot! When you break things down for me it all seems clearer so thank you so much. I think I need to take time to try and get the appropriate facts down on paper so I'll have some notes to refer to during the mediation. I know I'll trip over my tongue because I'll be very nervous which is a devil. But I feel calmer knowing I can come here and ask my dumb questions first...I think about if I hadn't found CAG and Andy and Citizen and everyone else who has given me help and advice. It doesn't bear thinking about. Thank you everyone. And if you want to give me any further suggestions, please don't hesitate - all are appreciated. Kind regards D
  5. DARCYS
    Thanks Citizen & Hi Andyorch - thanks very much for your help as always and the information. I have a clearer understanding of the mediation service from your explanation but one mild concern arose. Firstly, I read it that my defence shouldn't be based on lack of documentation - either for court or for the mediation. I thought that was basically the whole of my original defence for the claim; that I don't acknowledge that I have a debt to AG and that I need to see the documentation to substantiate what they are claiming from me. Please could you tell me how you think I should approach it when I enter in to the mediation? Do I say that I assume they now really do own the debt and on that basis try to reduce the amount by offsetting the unlawful charges? Or do I continue to say I can't assume anything as I haven't been supplied any documentation that I've asked for? Or might there be a third option? Sorry for asking a question which is probably obvious to everyone else. In one way I'm relieved it has gone this path for now, but in another I'm nervous as I don't want to make any mistakes. From the tone of their letter I almost feel as if AG see mediation as an alternative way to get me to cave to their demands. Although I can see that might be my own paranoia. Thanks very much for any advice as to how I should approach this. Kind regards D
  6. DARCYS
    Thanks Citizen - you're always so helpful & I appreciate it. I'll give a call to the mediation tomorrow and post back what they say. In the meantime do I need to be in touch with AG via post requesting any of the information that hasn't been forthcoming to date and that my defence was based on? Does anybody know of any mediation threads on CAG that they could point me in the direction of please? Kind regards D
  7. DARCYS
    Hi lovely caggers - I hope this finds you all well...all was quiet here until... I have received a letter from the court advising that my case is stayed "to enable the parties to attempt settlement". Very quickly on the back of this I have received a letter from AG which says - You will note that the claim has now been stayed by the County Court in order for the parties to negotiate. In order to try and settle this claim outside of court and in the hope that further time and costs will not be made necessary, we have advised the mediation service that we would be happy to mediate. This is a free independent service and we hope that you take the same view. They then give my local mediation service telephone number and also their number to make arrangements to pay your debt (?) I was not given the mediation number they have provided on any of the court correspondence but have checked that it it legitimate. Now I'm not sure what to do. Do I need to get in touch with this mediation service too by telephone? Or do I write to AG? Or write to the mediation service (I don't have an address)? I'm not sure how to proceed and would welcome any advice and guidance as always. Thanks in advance Kind regards D
  8. DARCYS
    Many thanks for your replies, Caro & Citizen. I might give Northampton a ring & check the status...more likely - I'll bury my head in the sand & pretend it's all gone away. I'll update as I hear anything. Kind regards D
  9. DARCYS
    Hi everyone @ CAG, I'm back from being away and was expecting to have received something in the post from either the court or AG. However, I haven't received anything at all, and didn't have any answerphone messages either. I have checked my MCOL & it doesn't show any updates from when I submitted my defence back in February. Should I be calling someone at this point or sitting tight? Have I allowed enough time, I'm wondering? Many thanks in advance. Kind regards D
  10. DARCYS
    Thanks Citizen, I will update when I hear anything further. Kind regards D
  11. DARCYS
    All done & posted Special Delivery. I hope I didn't mess anything up - you know that feeling after it's too late when you think something was totally wrong...I always get that feeling. And have now. I sent a copy of the AQ to Arrow too, but just regular mail. I go away on Friday, and have included my dates for being away on the AQ. Obviously, I won't be able to open any post, so hope nothing essential comes whilst I'm not here. What should I expect to happen next in everyones' experience? Many thanks. Kind regards D
  12. DARCYS
    One last thing - obviously I don't need to pay a fee as a defendant. So, am I ticking Yes or No in section H Fees? I am being such a pedant, aren't I? Kind regards D
  13. DARCYS
    Thank you kindly, CitizenB. I think of you as a CAGGA - Consumer Action Group Guardian Angel. Please know you are appreciated. I'm off to try and fit this lot in this 'ere box. Kind regards D
  14. DARCYS
    How's this now? D 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet. The Claimant has failed to file and serve upon the Defendant fully particularised Particulars of Claim as requested by the Defendant, nor established any legal right to issue a claim or proven that any debt exists. Moreover, the Defendant avers that the sum demanded by the Claimant is entirely composed of penalties and charges (for administration fees, late payment charges and penalty charges). It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges - if incurred - accurately represent sums lost by the Claimant by reason of late payment'. If I can fit that in the box it will be a minor miracle.
  15. DARCYS
    Thanks so much CitizenB - I will edit it accordingly. Could you pop by again & check it over for me (sorry)? Kind regards D
  16. DARCYS
    Please...is anybody there? D
  17. DARCYS
    Morning. Please find below my Section G for the AQ (thank you Andy & Mr. Hat). This is plagiarism at it's very best! I'd really appreciate it if someone could cast their expert eye over it and offer some feedback: 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet. The Claimant has failed to file and serve upon the Defendant fully particularised Particulars of Claim as requested by the Defendant, nor established any legal right to issue a claim or proven that any debt exists. Moreover, the Defendant avers that the sum demanded by the Claimant is entirely composed of penalties and charges (for administration fees, late payment charges and penalty charges). It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges - if incurred - accurately represent sums lost by the Claimant by reason of late payment'. If I can fit that in the box it will be a minor miracle. Thanks for any help. Kind regards D
  18. DARCYS
    Hi Caro, Thank you for your guidance - I appreciate it. I think I'll need to continue with my AQ as I go away on Friday and will need to have posted it before then. I probably can't rely on them to come to a swift conclusion. Will the court mediation service definitely happen, and will this avoid needing to go to court, do you think? Thanks so much for your help. Kind regards D
  19. DARCYS
    Sorry. If I were to speak to Arrow, what should I be expecting them to do now this process is well underway? And do I still have to submit the Allocation Questionnaire? I don't think I have the backbone for all this. Kind regards D
  20. DARCYS
    Hi guys, I'm sorry for my absence...this week I have had some very bad news. And then I lost a work contract. And now here I am at the eleventh hour...again. Still not sure what I should do. Do I speak to Arrow or just press on with the AQ? Please could someone tell me what they feel is best? Thank you so much Kind regards D
  21. DARCYS
    CitizenB - I meant to say - I do have a default notice from MBNA, but I can't say if there's anything wrong with it. But I don't have a notice of assignment. I will, of course, post up my copy for Section G for everyone to cast their expert eyes across. Originally, I had problems with the programme for the calculation of interest on the charges, so Mr. Hat did his calculations with a 24.99% interest rate & this brought my original charges (£810) up to £5 208 09 However, he felt I should adjust the interest rate to bring the amount below £5 000.00 and keep it within the small claims limit. Should I be mentioning this in my section G? Thanks as always D
  22. DARCYS
    Oh, CitizenB - this is my fault...totally, I'm so sorry. Please ignore those first figures - I was in such a state when I first started with this (I'm only half a state now ) The correct figures are: Amount claimed: £4260.57 Court Fee: £85.00 Solicitor's Costs: £80.00 Total Amount: £4425.57 I'm sorry to have wasted your time on the calculations - I hadn't noticed my faux pas. The allocation questionnaire must be completed by the 15th April. But I'm away from Friday (12th), so will need to give myself time to get to the post office by Friday. In an ideal world I would like to be posting this on Wednesday (10th) as my anxiety is affecting my work. Thank you CitizenB for all the help you give me. Kind regards D
  23. DARCYS
    Hi Andy - always good to see you... I've read the link & am drafting my little bit to put in section G. In the interim, please could you give me your thoughts on the letter which they sent to me after the copy of their aq? It urges me to - 'contact us directly in a bid to resolve the issues and save further recourse to court proceedings, and the unnecessary occurrence of further time and costs by all parties' Is this something I should be doing? Please ignore the attachments below - I don't know how to delete them! Kind regards D
  24. DARCYS
    Oh, thanks, Mr. Hat. I will definitely be back tomorrow in the hopes of some help with the AQ. I have managed to fill in the first three parts - go me - but feel like I mustn't put anything wrong or lacking, so have held back from going any further. One last question. Under 'other information' on the AQ - should I be writing something in this box? Also, am I meant to be issuing any requests to AG for proof of documents that I don't have as mentioned in my filed defence? Many thanks & kind regards D
  25. DARCYS
    Mr. Hat - I just read this last page of your thread - Congratulations & well done for being so brave. You have done soooo well - you should be very proud. How lovely to read of someone's success. I love the CAG & all those wonderful CAGGERS that give of their time to help others. I think that's pretty special. Now to go back through your thread to find the bits you mentioned are pertinent to my issue. Thanks for all your advice, btw. Kind regards D

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