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hannah8686

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  1. I need some advice, This is my first post on this site in a few years but it always helped in the past so hopefully someone here can help I bought a joblot of CK Boxershorts from a website called Stockshifters They were Advertised as 100% Authentic I am not a business, i am an individual, but they say they are a B2B company only so normal Consumer Rights do not apply I have contacted them about the goods being Counterfit, and they confirm that they were made aware of this in November last year, but did not recall any of the other lots that had been sold to other customers I have A crime refernce number for the goods, I also still have all the goods, I bought them in november last year I just need to know my rights I have been told that i should still should send items back, and ask for a refund as the items are not as described, and not fit for purpose (they are very bad, they fall apart after washing and they are fake so not as described anyway) But Stockshifters say they are not liable at all as the SOGA does not apply to them Im hoping someone on hear will have some good advice, as i am £500 down at the moment and wish to have some of it back I did write to them returning the stock quoting it was breach of contract, as you have not received the "Authentic" goods ordered. Sales of goods act applies even if you are not a consumer. The goods are not as described. the sales of goods and services act 1982 I got this reply from them today as they refused delivery of the shorts back It is regrettable that you have had a bad experience purchasing goods via the stockshifters website. We do everything we can to monitor the vendors and the goods traded on our website but it is not possible to inspect every product. If a vendor is suspected of trading in counterfeit goods they are banned immediately from the site. With regards to this particular vendor, their account was suspended due to a number of supplier issues but none due to counterfeiting. We have no evidence that the goods sold by this vendor are counterfeit. Stockshifters is an intermediary and does not buy and resell stock. Vendors fulfil their own orders and as a buyer it is your responsibility to inspect stock and contact us within a 48 hour period if the goods are not as described on the website. Stockshifters have held up their end of the agreement and acted within the T’s & C’s http://about.stockshifters.com/terms-and-conditions/which both yourself and the vendor have agreed to. By agreeing to our T’s & C’s you are given access to our site as a business/trade customer – business/trade customers do not carry the same consumer rights as consumer buyers. The following link may be of assistance: http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_at_auction_e/buying_goods_in_an_auction.htm I understand that you have already been put in contact with the vendor of the boxer shorts and any claim you make would need to be made against this vendor. Should you decide to proceed with legal action against Stockshifters we will have no choice but to defend our position. In the interests of avoiding any further dispute, I would urge you to make contact with me if you feel there are considerations we are overlooking. Beast Regards, Denham
  2. i think they get fed up with me calling lol, I had 4 sheets of debts when i applied for B/R and the office administror at the OR didnt photocopy all of them, so when they wrote out informing all about my BR, the missed off 10 creditors, because of this i had various people chasing me still, it was only in feb this year that they discovered what had happened after many phone calls, me photocopying my original petition and sending it on to the OR, etc, so then eventually they wrote our again. I want to get all this sorted before my discharge, so i can move on with my life, and one day be in postition to buy a house. apart from teh BR, im actually extreemley good with money now - its like a side effect of this lol
  3. so i will just write to them, and enclose my bankruptcy papers. showing they were included my credit file----ruined i know, but was showing a positive tat i had had no recent lte payments, because of cabot, it states that its showing a recent increase in late payments and increased balance owing, should they amend this as by rights my debt liability ended date of bankruptcy???
  4. yeah, everything i owed was put in the bankruptcy....... i havent even had 50p debt since lol. so i made sure everything was put in
  5. Hi all, I think this is my first post since 2008, so its been a while, but im returning as this site helped me reclaim so many bank charges many years ago. I am 11 months into my bankruptcy so will get automatic discharge next month I made myself bankrupt, after losing my house, negative equity etc etc, so in total my unsecured debt was ........87K!!! alot i know but that is neither here nor there. i wont bore everyone with the background lol So i am now going through my credit file, and preparing in advance to write to all the companys to ensure that the default date is not after my date of bankruptcy and that the accounts are all marked as settled/part settled etc. im not going to send the letters until my discharge but have some spare time on my hands so thought i would be super efficient!! Most of my debts are pre 2008 so all the default dates are 2008/07 so i dont really have to worry about that element too much, Cabot Financial are still reporting that i am in default, but the balance owing goes up every month as it appears they are adding interest?? this isnt right as the default was 2008, the bankruptcy 06/2011 so i thought tat they would not be able to add anything else to the balance from 2011 also First response finance have a ccj against me, from reading extensily i understand that the CCJ will never be marked as satisfied, it will just come off after the 6 years so in 3 years time. but as it is still a defaulted account as well as a ccj, can they remove default? or mark default as satified? as the default will come off in 2 years northern rock removed there default, but i have the ccj from them for the charging order still ge money have no balance owing for my mortgage just have it as satifactory now, i owed them 80K??? any advice would be appreciated thanks
  6. hi, congratulations, i was in a similar situation and had set an email to the CEO last week. they also agreed to stop all proceedings, so i would defo recommend anyone in this situation emailing the CEO, there is nothing to lose by doing this.
  7. result!!!!!! i emailed the CEO northern rock last friday, less than a week since the email i recieved a written postal response saying that they will stop all court proceedings, so it just shows that if you persist with them about trying to reach an agreement then you can beat them. for anyone that is intere4sted, i sent my email complaint to dave.jones@northernrock.co.uk, and Andy.Kuipers@northernrock.co.uk
  8. So last night i had the court papers through, the POC is pretty basic, just says that i defaulted on my agreement by not paying 1 month and as per their t & c's they issued a default notice and the agreement is terminated thus requiring full repayment. because of this. it also states that they have not recieved any payment in full or partial since, i paid £680 to them which covers me till the end of feb on the 31st january. the court papers were produced on the 14th feb. so the amount owing to them is also wrong. really really need some help as not to sure where to go from here. I have sent an email to the CEO of northern rock complaining as the complaints dept has not got back to me yet, i phoned them last night to betold that my complaint is currently with senior management please help
  9. Hi everyone, So i recd a default notice, the 1 week later northern rocks solicitors 'Tucker, Turner, Kingsley & co'wrote to me at the end of january saying that unless i pay the full loan (15K apx) or reach an agreement with northern rock within 7 days they would take me to court to obtain a charge over the property due to being in default. So i phoned them and offer to pay off all arrears, to stop the proceeds, and they said that they would not make ant arangement with me and even if i paid all arrears they would still take me to court to obtain the order, and this would be for spuratic payments over the past year few months. So my mum bailed me out, paid the arrears, i then sent a letter of complaint with a direct debit mandate and stating that i felt i was not being treated fairly as they letter from the solicitors gives the impression that an agreement can be made to stop proceedings but they will not at all. they have cashed the chq for the arrears, set up the direct debit and sent me a holding letter. I havent heard from the solicitor or court but on the phone they told me yesterday that the have instructed there solicitors on the 4th feb to issue proceedings. Seems unfair as i no longer have any arrears and i feel they are being unreasonable. they also confirmed over the phone tthat they would not accept any agreement or agree to any IVA, the only was for me to stop this is to pay off the arrears by borrowing more money or going bankrupt, which i wont do as i will lose my house. I also have only about 10K equity in my property, and am fixed in for 2.5 more years so remortgaging isnt really an option could really do with some advice as im a bit confused and everything i read about northern rock is negative. thanks
  10. well, moneyclaim lost the defence so they wrote to scm given them 2 weeks to re-submit a defence. they didnt do it so i faxed over judgement to moneyclaim scm submitted a defence and filled for a stay moneyclaim then wrote to my friend to confirm stay had been granted then moneyclaim wrote to me to say proceedings had been transfer to local court no defence sent to me yet the claim is for a friend of mine not for myself - it is so confusing - thanks for your help
  11. well, i phoned the courts on 29th august and they said that they had a backlog and that the judgement had not been entered yet. on the 30th, a letter was rec'd by my friend at her home address (the corry address on moneyclaim was my address) stating a stay had been granted - bear in mind i havent even had the defence at this point. moneyclaim then wrote to me at my address 5 days later saying that the AQ had been dispensed with and that it had been transferred to my local court so i am waiting for moneyclaim to get back to me as i still have no defence and am completley confused - i needhelp.......
  12. hiya, I am currently in the proces of moving house and looking for ways to decrease my settlement figure as i am quite frankly disgusted with the amount i hae to pay. so i need some advice before i bite the bullet as such. Firstly i am going to go down the treating customers fairly route as i know the FSA are really HOT on this at the moment and it is a major thing in the financial services industry ( i work for an insurance company myself) Redemtion fee - £250 they are not charging all new customers this but as it stated this on my original paperwork they will not waive it (telephone call last night) As they are not charging new customers surley i should not get charged as well as it is not treating me fairly. by them not charging it now they are admitting that the charge in itself is excessive early repayment charges ok so i am aware that people have gone to court and lost etc etc - i will go down the FSA route for this one but all comments etc would be really appreciated. my mortgage is portable, its fixed in till may 2008 my repayment fee is £3149.40 (random i know) if i port my mortgage - no fee if i take out a new mortgage wit northern rock - i only have to pay 50% northern rock have declined both which leaves me no choice but to go to a new company surly this again is not treating customers fairly - if i hadnt applied to transfer/take to product out. i wouldnt think i had a complaint - but because i did surely i have a good chance all opinions are welcomed
  13. I entered judgement last week on wednesday, i havent heard anything yet from the courts, but they did tell me that their was a 3 working dayy t/a due to a backlog, which is fine... better than most places that quote 7 working days. anyway, they did say that if Llyods re-submitted their defence in the meantime they would proceede. its quite confusing as they did submit it, moneyclaim just lost it. and then gave them 2 weeks to re-submit it. so anyway im not to sure what happens next so any advice or a pointer in the right direction as to what to expect would be great.thanks
  14. Hiya sorry for starting a new thread I am claiming for a friend basically what happened so far is 1, moneyclaim acknowledged / defened 17th july 2, moneyclaim lost defence gave SCM till 18th to re-send 3, letter rec'd stating the case is on hold - very generic letter from SCM not from courts - not a formal stay etc 4, spoke to moneyclaim and am able to win by default tommorow so any advice as the letter from SCM has thrown me a bit due to this being the first bit of corry i have rec'd from them
  15. just spoke to moneyclaim - i can now entre judgement so will be doing that now
  16. So still not heard anything today from moneyclaim so will be calling them in a minute to see if a copy of the defence has been rec'd Sc&M did write to me thou and say that due to the oft case all cases have been suspended - it was a real generic letter and i guess if it was true then i would have heard if the case had been stayed..... based on the fact that moneyclaim lost the defence and have written to them asking for it this is just a fopb off all opinions etc etc would be appreaciated
  17. £250 in one month, at the charges as they were a few years ago would have been what? 10 - 15 charges? Halifax charged £35 per charge back then In ONE MONTH??? It only takes 7 DDI'd bouncing to do this which for the record is what happened with never a charge before and a genuine mistake?? come on!?! are you starting on me, Whats with the Come on!?! its comments like this that get my back up, it makes me so angry that people like you cannot see that no matter the reason behind the charges, Charges seriously cause personal damage and stress.......comments like yours are very unhelpful you could at the very least try to be a bit sympathetic to others circumstances. I may well have had the odd charge before then, when i incurred this maney, yes it was my own fault yes i did mess up but so what, the charges were still to high What I understand is that for whatever reason and whoever is at fault, I no longer have a £10 buffer zone on my account, So basically the reason that you are so defencesive is because yuou are bitter that you no longer have a £10 buffer, halifax have never ever given me a buffer I will be charged each time I use a cash point and will be charged for direct debits as standered Says who - this is purley speculation in the media at the moment can you provide a statement from your bank the this is 100% and an implementation date??? my bank is not doing that maybe you should switch. Not only that, but since I started the claim I have earnt several times more than my claim was for anyway, and have spent the £750 on.... erm... well nothing really. What has that got to do with anything, My money helped me get out of debt, you obviously dont need the money and that is your point, i did which is why i went to court. If there was no borrowing facility from the banks in the first place then your payments wouldn't have been made and you'd be arguing with whoever it was that you owed. I have never had an overdraft.......... so where did this come from, i have only been charged for bounced direct debits and standing orders so you next bit doesnt make sense you are also assuming that i have argued with the banks. Try talking a car credit company to court for charging after a vehicle has been reposesed, see how far you get! I dont drive and have never owned a car
  18. So im not too sure about the early exit fee as i have not researched this as much as the bank charges but thought i would write to them any way asking them to repay it using a template from this site that was last week after the FSA announcement Yesterday i rec'd a letter from the EPf stating that they do not have to refund the amount due to it being the same amount quoted in the original contract and they supplied me a breakdown admin cost £12 overhead cost £71 mortgage fee £2 staff cost £34 so i dont really understand what they are for it was £120 altogther. i thought that the whole thing with exits fees were that not only did they have to charges the original, the original also had to be fair and a true reflection. dont know if this is as im not to sure what the overhead cost is for, and you would have though that staff/admin etc were the same thing any help would be appreciated as i know alot of companys have completley scrapped exit fees, so please help
  19. * firstly i am not disputing we should be charged, just that the charge is unlawful as it is too high * you are basically saying that because i missmanaged my account when i was younger and inexperienced i should not be allowed to claim back the charges. charges are in itself a spiral. it only takes a few mistakes. For example i messed up 1 month and incurred 250 of charges, because of this i could not afford the bills so the charges came out again and again mont after month. if the charge had been a fair amount in the first place i g/tee you that most people would not have had to claim back in the first place. What do you want? A free reign to spend, write cheques, process payments etc with a bank in the background paying it all for you as you require?? Does that even seem sensible to anyone?? Of course banks make money, they are businesses. As stated before, people dont mind paying for the service, just not £39 for a chq of £5 etc etc banks make money in various ways, and a profit per charge is fine, if the profit is not 94% of the actual charge and the actual charge is only 6% of the charge they incurr. I dont understand why you are defending them your arguements are not justified, it seems like you have under researched and are now trying to back up you original statement. This website is against bank charges, your statements actually are mainley for them. as per your last post (wasnt their when i wrote this one) the banks pay for their own complainst through the FOS, they pay £250 flat fee everytime a complaint is submitted against them, if they settled previous to this they would not have to pay so that in my opinion is their own fault we pay to take them to court, firstly the fee, then the AQ fee etc etc, the banks then pay us back, the banks waste the courts and our time by not paying paying out firsts It quite straight forward really, not to sure why you dont understand lol
  20. KITS1893 Just a quick question so that i can clear this up in my head. Do you really believe that just because the bank charges i and similar people have incurred due to my own fault should not be reclaimed by myself as it was my own fault that i incurred them due to being bad with money 3 years ago??? Do you also believe that by going to the FOS etc that we are wasting people time cause this seems what you have implyed do you think the banks are in the right cause you defend their actions a lot the whole reason that the OFT have taken the banks to court is because they believe the charges are wrong, did you watch the whistleblower??? this also had proof that the banks make a substancial profit. it seems you are trying to justify the charges for people who are claiming them back due to incurring them because of carelessness.
  21. 'Who is paying the wages of all the people who are dealing with these court claims? Or even the FOS clerks who send letters back and forwards to banks all day?? Ultimatly the public at the end of the day. ' When it comes down to it, if the banks did not levy disproportionate penaltys in the first place then we would not have to take all them to court, The FOS bill the bank a flat fee of £250 everytime a complaint is made against them. they also pay the FSA a levy to be regulated by them etc etc so the banks are paying for the privillage of the FOS handling their complaints secondly, when i took the baks to court, i paid a court fee so that is a contribution to staff wages etc etc. I know you are trying to defend your actions, but i feel you have not done enough research as you cannot back up what you are saying. this website has offered me so much incouragement to claim back everything in full and get back what is rightfullymine. you imply that we all should settle for second best. the point I am trying to make is that I see a much better solution to these claims between the consumer and the bank, with out involving outside parties. The FOS and the court system are their for situations exactly like the banks charges, if we do not take advantage of these then people would be out of a job. Ultimatley the banks are abusing the system and have done for for too long, by letting it go on without full disclosure for as long as they have The people who should go for this all the way are the innocent people who have ended up in my position due to for example, redundancy or disability etc. I dont think you should be a certain type of person to incurr bank charges, and the fact is it doesnt matter if you have got into trouble due to the reasons you stated or because you are just rubbish with money. the fact is the bak should not be making a profit at all for how you manage an account. i for one would be happy to pay for the actual cost to bounce a chq, ddi etc etc. but paying for their christmas bonus etc etc is not fair, my bank charged me £39 the other day for a chq for £5 that bounced im not disabled been made redundant etc etc. its my fault it bounced but not fair that i pay £39, £2 would be fine which is why we take people to court
  22. well, no defence rec'd still, it was entered oin the 17th of july so you would have thought it would have been sent to me by now. I have rec'd a letter from Moneyclaim stating that the defence has been lost and that they have written to lloyds giving them till the 20th of auust to re-submit it, if they dont then i can enter judgement. Seems odd to me, i bet they never sent it in the first place especially as the date rec'd shows as the 2nd july on moneyclaim, and they hadnt even acknowledged till after that
  23. Still not heard anything from Lloyds or Moneyclaim I was unable to get hold of SC&M on the phone either , just hold music for ages. I have had a thing posted through my door for royal mail though saying they tried to deliver a packet but could not post it through my box so that will come tommorow. i am not expecting anything apart from the letter from [problem] but dont thing this is it as it would be to big if it wont fit through this is stressing me out though only cause my friend is panickig and ringing me constantly, i cant really say much to reassure her either apart from its just a waiting game etc etc
  24. hiya Someone on this site told me that all complaints prior to 24th of July will be paid still. dont know if this is acurate have you called them?? if so what number did you pone them on and can i have it thansk
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