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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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cca return from Lowells on argos credit card - is this enforceable?


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hi guys just wondering if someone could take a look at this credit aggreement i have been sent by a dca.

 

the other page is just my name etc and says application on it.

 

they have only sent me the 2 pages and i noticed down the side it says page 3 of 3 and 2 of 3 on the other page.

 

just want to know the enforcibility of it to be honest.

 

its an old catalouge debt.any ideas.

 

it was the result of a cca request.

it isnt pre 07 it was taken out in 2010.

this is the pdf.

 

this is the second part.this is all they sent.

convert-jpg-to.pdf

convert-jpg-to.pdf

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whilst merging the OP's your scans some posts have gone

 

 

fletch and stella

you'll have to post again sorry

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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whos sent this the DCA that owns it ? who is?

 

 

that's a signed agreement but minus and T&C's

and is eligible to me cant read a word of the small print?

 

 

and a n application form

 

 

certainly NOT what is required to meet a CCA return.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I managed to zoom in and can read what is there

 

What I think ..but can not say for sure....

 

As part of a CCA request there would be a new set of terms and conditions as i think over the space of 5 odd years there have been some changes such as the order in which payments are credited to the account.

 

While I am not convinced that it fulfils all the necessary conditions of an agreement, as stella said earlier , because this is a post 2007 agreement that is really not relevant. I think it would be a tall order to persuade a judge that this is un enforceable

 

However

 

Was there a default notice issued, was it compliant?

Who owns the debt and if it has been sold has a compliant notice of assignment been sent

 

Having said all that you can never tell why an agreement may be chased or not

An example I had a 2012 vanquis card that I was told was 100% enforceable however lowell decided to close the account some time ago

Any opinion I give is from personal experience .

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yea its from lowells

i cant seem to read it

not sure why it says theres 3 parts

but they have only sent me 2

and i cant find the part where it says they will assighn it to a 3rd party.

 

 

could someone put together a template i could send back to argue it doesnt comply with a cca request and point out the flaws.thanks

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no you don't send them anything

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yea its from lowells

i cant seem to read it

not sure why it says theres 3 parts

but they have only sent me 2

and i cant find the part where it says they will assighn it to a 3rd party.

 

 

could someone put together a template i could send back to argue it doesnt comply with a cca request and point out the flaws.thanks

 

It does comply with with your request.

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No one can tell

But as that's all they can do threaten

As they are not bailiffs

And have no such legal powers

Its pot luck

 

You or I have exactly the same powers

If we think someone owes us money

And can prove it

We can issue a court claim

 

Pers I don't think that meets the CCA

And a recon has to be pretty perfect to be able to enforce a court claim

 

A recon might well meet the CCA requirements

But not court requirements

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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T&cs missing (purportedly on reverse of agreement)

T&cs at closure missing

Simple statement of account missing

Apart from that it's perfect 😀

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Problem with this all is that it is all pretty easily corrected

 

However it is a bit pot luck, sometimes they follow through with a court claim sometimes not

 

Do you work and/or own your home?

 

These are the sorts of things that they may take into account before launching legal action

 

They have not sent a letter before action have they?

If and only if they do you can send them a letter asking for what they might need to rely on -but that is way in the future

 

In April I had a LBA for a cap 1 account of over 5K . I sent a cca request and and LBA response, still waiting for something to happen

 

How much is the debt? Roughly

Any opinion I give is from personal experience .

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Hi Jasper

 

Those types of letters are standard threats, I have letters going back 4 years when they say they will review legal action and to date- touch wood- non has materialised.

 

There are many who will say that the offer of a 50% discount means they know that they can not win in court, in my opinion that isn't necessarily true although it does suggest that there may be something wrong that they know about - who knows maybe they know more than they are letting on.

 

Assuming they follow the pre action protocols they should send you a letter that includes the words letter before action or letter of claim and specifically says that they will be doing, non of this will will review and may ...rubbish.

 

I know it os very tempting sometimes to think you should take an offer , I have thought that myself on some lower value debts but actually I don't have an income and I can't afford it so I won't.

Any opinion I give is from personal experience .

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