Funds finally permitted me to file MCOL yesterday, grand total of £1538.39. How long til CRAP ONE concede defeat?

I have read various threads about Land of Leather but cannot find anything that is similar to my friend's problem. He purchased a sofa in store on 25th September 2005 at a cost of £1199 (£999 + 200 extended warranty). The deal was pay nothing for a year and, at the end of that year (i.e. 24th September 2006) either pay full amount in cash or pay monthly on credit. A direct debit was also completed at the point of sale - apparently this is standard procedure in case you choose the credit option. My friend had the £1199 in his bank account ready to pay but, unfortunately didn't etch the due payment date on his brain. Neither Land of Leather nor the finance company which they use issue letters reminding customers that the due payment date is approaching. Two weeks later my friend received a letter from the finance company requesting £88.00 arrears, and informing him that a £25.00 charge had been added to his account for this letter. If the account was not paid within 28 days it would be put in the hands of a debt recovery company. My friend contacted the finance company and told them that non-payment by 24th September 2006 was an understandable oversight, especially as no reminder had been issed, and now wants to pay the original price of £1199. He was informed that the total amount now due (as long as it is paid within 28 days) is £1600. After 28 days have elapsed the account balance will rise to £2400 (this being the total amount payable, including interest, if he had taken the credit option). There appears to be no talking to or reasoning with this company and they remain adamant that the so-called arrears and admin fee must be paid. My friend is equally adamant that it will not be. He also informed them that they could come and take the sofa away unless the original price stands and was informed that this was not an option as the sofa now belonged to him (very strange considering he has, so far, not paid a penny for it). Can anyone offer advice on how to proceed please?

I WON, I WON, I WON!!! Cheque arrived in the post first thing this morning and banked this afternoon. I'm ecstatic (and a little bit rich) all thanks to you wonderful people. Donation as soon as cheque clears - then second part of claim for a further 3 years charges. THANK YOU ALL. MODS - Please change title to FRUITBAT v A&L - I WON!!! I'm now raising my glass.

19.9.06 - A&L filed Acknowledgement of Claim with intent to defend in full. A&L's defence to be submitted by 18.10.06. NOT LONG NOW!!

Thanks to everyone for their advice and words of encouragement. I've just this minute been and gone and done it - I have filed the MCOL this very evening for a total of £5993.82. Fee of £250 will be sorely missed for the next couple of weeks but, as they say, "You have to speculate to accumulate".

Well done, Rosemary. Just a couple of weeks behind you now!

LBA sent 15.8.06. Reply received 2.9.06 with an offer of £437. Think I will file MCOL next week and wait for £1187 instead. Fruitbat

LBA sent 24.8.06. Reply received 1.9.06 confirming their ONE AND ONLY OFFER of £233.75 still stands and will not be increased. MCOL to be filed this week. Fruitbat

LBA sent 23.8.06. Reply received 30.8.06 reiterating that they believe the charges are fair and in accordance with terms and conditions. No refund will be paid - yeah right! MCOL will be filed next week (when funds permit). Getting worried now - I'm bound to be THE ONE who ends up in court!! FRUITBAT

Hi KATEGB They took about 10 days to respond to me but, if you hear nothing from them within the 14 days timescale that you set, move on to the next step and send the Letter Before Action giving them a further 14 days to pay. Hope this helps and good luck. FRUITBAT

Statements arrived 25.8.06 - total of £140. Preliminary letter to be sent 28.8.06.

Just a thought after receiving a failed direct debit with NO CHARGE. It is a natural assumption that banks incur the same costs for a failed direct debit no matter what the amount of that direct debit. Why is it then that for any failed direct debit under £10, A&L DO NOT CHARGE, but one for £10 or over incurs a £34 penalty. Surely they have shot themselves in the foot straightaway - this must blow their argument that it costs them £34 to fail a direct debit right out of the water. What does everyone else think?

Hi Warms, thanks for the advice - unfortunately once this one has paid out I have to start the whole bloody rigmarole again (£3 per statement this time) for the previous 4 years. Could kick myself for not keeping 5 years worth of bills and statements but c'est la vie.

Got latest statement today showing that they have credited the £96 (accepted as only a PART SETTLEMENT) to my account. When it comes to filing MCOL next week do I just work out total charges + 8% interest and then take away the £96 to get total claim amount or do I ignore the £96 for now and assume that Barclaycard will deduct it from the nice cheque they will be sending me in the near future? HELP PLEASE.

C O N G R A T U L A T I O N S Lil. Soon be there myself hopefully.