Court claim on debt just over 5 years old

[Jtierney]

Re: Court claim on debt just over 5 years old

Okay sorry I did not know I had to take them off

[Amethyst]

Re: Court claim on debt just over 5 years old

It's a good idea to on a public forum xx

[Amethyst]

Re: Court claim on debt just over 5 years old

Agreement looks fine.

The warranty is bugging me. It doesn't overrule your statutory rights. So how long should a mattress last ? I think longer than 14 months. How did you resolve matters with the company ? or just keep the mattress and refuse to pay ? Did you get an independent report etc ? How many payments had you made on the agreement by that point? It was meant to be paid off within 12 months - your first payment was due on 1st May 05. When did you first return the original mattress as faulty ?

[Jtierney]

Re: Court claim on debt just over 5 years old

I only paid 3 payments as first mattress was faulty that quick. It took them several months by the time they sent someone round to examine it. Then put a report in. Then it took me pestering them to get an amswer to replace it. This happened with two mattresses altogether. On the third one as they sent a different one. It lasted 14 months. But when I called them was told I longer had a warranty as it was on first mattress only. So just got the standard 1 year with this one. But was told I can pay for an inspector to come out and examine it.

[Amethyst]

Re: Court claim on debt just over 5 years old

Hmmm. It does seem they have written it into their terms ( see attached). Whether it stands up or not is another matter.

If payment or replacement is made because the product is considered uneconomical or not possible to
repair then:
a) the maintenance agreement would cease; and
b) we retain the right to take possession of the product and dispose of it

Because the third replacement mattress you had for 14 months then yes you would have needed to pay for an independent inspection, however if that had shown a fault up you would have been entitled to a repair or replacement under the sale of goods act as not fit for purpose.

So theorising* as a defence, as you had used it for 14 months then you would have received only a partial refund, so if the 10 year guarantee is the expected lifespan of the mattress ( debatable that, but I do think 5 years is a reasonable expected lifespan for a mattress - and you have 6 years to claim ) - and you had the mattress for say 2 years overall without faults ( say 2 months then 8 months then 14 months ) - you could argue that you should only have paid for the time you had the mattress in proper working order - 1742.95. You already paid £400 plus 350.49 ( so £750 overall ). So if we work on 5 years - that's £350 a year?, for 2 years - £700 - so you've overpaid by £50 .... lol. My maths is terrible and I am just theorising how to put forward a reasonable defence based on the refusal to pay further due to the faults.

What did you do with the mattress after the 14 month fault ? I don't think continuing to use it after the complaint about the fault would be in your interest with my thoughts above actually. Also depends if you did continue with the complaint after they gave you the ' warantee doesn't apply' brush off ? did you inform them of your refusal to pay ? anything at all in writing ?


*just rambling on really...

[Jtierney]

Re: Court claim on debt just over 5 years old

The total amount of credit was for a bedstead and mattress. It was dreams customer services who I Complained to and not the creditors. No did not keep mattress as it was like sleeping on the moon just full of pot holes and I suffer with bad back.
And when they told me the warranty does not apply I said I paid for a 10 year warranty so in my view I have a warranty. That's when they said it only applies to the first mattress. Any other mattress after that comes with the standard year. So in theory as all the mattresses went faulty in first year it was the manufactures who replaced them and not dreams so they made £59 for nothing. As was not told any of that if it went faulty

[Amethyst]

Re: Court claim on debt just over 5 years old

Indeed. In fact the warranty suppliers for dreams strapline on their website is... ''We help Companies Profit from Extended Warranties and Product Guarantees''

[Jtierney]

Re: Court claim on debt just over 5 years old

Very ironic.
So how do I defend my case. Do I not admit to any of the debt

[Amethyst]

Re: Court claim on debt just over 5 years old

Did you communicate at all with Creation about the issues with Dreams ? ( they would have been jointly liable under s.75 cca - and the mattress part of the loan should have been written off / refunded - and they would then have claimed that back from Dreams - however Dreams did ask for inspection at your cost so because that wasn't done I think that claim would have failed anyway). Missold warranty ? well apart from it only being £59 and not worth it - it did work for the first replacement and the terms seem quite short and clearly written about it not carrying over.

I think you will need to be admitting and offering to pay or negotiating with Cabot for a settlement figure - or Tomlin/ Consent order to avoid the CCJ. And then you might go back to Dreams/Creation possibly with a formal complaint, but I think because of the inspection issue that might fail.

[Jtierney]

Re: Court claim on debt just over 5 years old

Thank you for advice. I will write to Cabot asking if they will do an early settlement figure. But the solicitors said I have to communicate with them and not Cabot. That an early settlement was not on the cards. The whole amount was payable.
the first two mattresses were not done through the warranty. They were under manufacturers one year warranty. That's what dreams told me. As I asked how come I've had 3 if my warranty only covers origonal mattress. So dreams did not replace them the manufacture did.

[Amethyst]

Re: Court claim on debt just over 5 years old

Okay, it's worth another go direct with the solicitors, they are more likely to agree a reduction if you can offer a lump sum, otherwise ask them if you can pay by installments under a Tomlin order and keep the claim on hold as security. If you admit the debt through the court you will have a CCJ against you and the rate of payment is likely to be lower as it would be based on your income and expenditure. you do of course want a breakdown of those additional charges - however there are a few charges listed in the agreement so it is likely to be those plus court fee/sols cost - but they should have provided a statement to comply fully with the cca request.

Hang fire and see if anyone else has a view on this tomorrow before doing anything though.

[Jtierney]

Re: Court claim on debt just over 5 years old

Have already asked solicitor if they offer a one off payment at a reduced rate. I got a flat no whole amount has to be paid.

[Jtierney]

Re: Court claim on debt just over 5 years old

Hi. Have just spoken to the solicitors. Wright Hassell. They will take an early selement fee. But want me to tell them the amount. So how much do I offer.
To be honest the guy I spoke to on the phone was very rude. Several times tried to end conversation and at one point actually said to me " this conversation is pointless"

[Jtierney]

Re: Court claim on debt just over 5 years old

Have been told if I do or don't admit any of it will get a ccj on it

[Kati]

Re: Court claim on debt just over 5 years old

For them to get a ccj they would have to go through the courts first (which you could defend anyway)

I'll tag [MENTION=6]Amethyst[/MENTION] tho' ... she'll be able to give you some advice xx