Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Danske Bank uk card since 1999 & CCA request sent


xma
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2016 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Bazooka Boo,

Following a CCA request made to my bank with regard to a credit card I have held with them since 1999, I received package containing statements they retrieved on the account dating back to the beginning.

 

The included letter stated they were unable to provide a copy of the original agreement which is obviously what I wanted.

 

However, I have since been looking around for a suitable template letter of reply without any success, so was wondering if you might have one?

 

Can you also clarify when the account does actually enter into a state of dispute?

 

I was under the impression this occurred on the date and time the bank signed for and accepted delivery of my initial CCA request, but since then received notification that my non payment of the credit card bill has already been placed on my report

 

. Please confirm.

Link to post
Share on other sites

" The included letter stated they were unable to provide a copy of the original agreement "

 

There are no templates...you dont chase a CCA request...they have given you their response above......there isn't one.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks for your reply Andyorch but isn't there a need to confirm my position on the matter?

 

I ask because I have seen letters others sent to DCA's explaining their rights, what and what not the DCA can do when an agreement was not provided.

 

This bank has obviously not accepted the account is in dispute so should I not write and insist they remove the information they have placed on my credit reference?

Link to post
Share on other sites

The position is confirmed...you legally requested a copy of your agreement pursuant to section 77/78...they had 12+2 days to comply.They have made a response stating that they are unable to comply and provide a copy.

 

Therefore they are in default of your request and as such.......

 

4)If the creditor under an agreement fails to comply with subsection (1)—

 

(a)he is not entitled, while the default continues, to enforce the agreement.

 

https://www.legislation.gov.uk/ukpga/1974/39/section/77

 

You dont have a right to have adverse data removed from your credit file..the two points are not connected......unless its not your agreement and someone has fraudulently take credit in your name.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Do you have your own thread on this? If not you need to start one so these two don't get mixed up.

 

 

They failed to send you a copy of the CCA, therefore, you can LEGALLY STOP paying them and get yourself out of the milking parlour.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Should not be on your credit file surely?

Defaulted +6yrs ago??

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... 

Link to post
Share on other sites

Done...please continue to post here to your thread.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Cheers Andy....

 

 

 

OK xma, the bank has informed you that they don't have the original, they should have also told you that they believe it is unenforceable due to them not having the original, it matters not that they have sent you reams of other guff to show the use of your account.

 

 

STOP any payments to them, just confirm that this is NOT showing on your credit files??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Hi,

I checked my credit file this morning and nothing had yet been reported on it. I may have misunderstood what was being said... "As required under the Consumer Credit Act we have included a Notice of Default Sums in relation to this charge".

 

 

This note was included on my monthly cc statement because I stopped paying last month after sending the initial CCA request letter which they received 3 days before the payment was due. As mentioned earlier I assumed that once they had signed for the letter that the account was then in dispute.

 

 

The only other time I failed to meet the monthly payment was when taken ill and hospitalized a default notice was added, then removed after I explained. Do they have the right to add this information to my credit report?

Link to post
Share on other sites

A Notice of Default Sums is a requirement for all creditors to comply with after changes made to the CCA1974 2006...it is not a Notice that a default marker will be placed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 month later...

Hi,

Since last time we spoke the only form of correspondence received from this bank has been their credit card statements asking for the monthly payment with notes including demands for payments to be made and notification interest charges were still being applied. I wrote back informing them that as they failed to provide an original copy of the CCA agreement the account was in default and unenforceable and I would not be making any further payments to the account while it remained in default.

 

 

Yesterday I received a phone call from one of their staff asking questions attempting to prompt answers from me and her manner led me to believe the call was being recorded. The only thing I agreed on was that the card was issued to me and then told her to put anything else she had to say in writing. The call ended with her spouting FCA regulations were in place giving financial institutions a 56 day period to 'come up' with the original agreement, stating they have up to October 2nd '18 to provide the CCA.

 

 

At this point she went into a kind of 'small print verbal advertisement' mode which as well as a warning, I think also included a threat of court action. In one respect I was a bit alarmed at the reaction but on the other hand was happy because I did not realize there was a time restraint set by the FCA. The staff member is claiming that the response from them saying they did not have the original agreement should have read, they could not retrieve it and NOT that they didn't have it.

 

 

#1. Can you please verify if her 56 day claim is true and more importantly the date this period would commence?

#2. Is there any action I should take?

Link to post
Share on other sites

Already advised in post# 4...12+2 days.....there is no 56 days.

 

No action required...apart from stop talking to them on the phone.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

who's the bank and what is the debt?

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... 

Link to post
Share on other sites

Eh was this a uk card?

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... 

Link to post
Share on other sites

Retitled and moved to other institutions forum

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... 

Link to post
Share on other sites

Hi,

Since my last post I have now received a letter from this bank informing me that they are looking into my complaint, assuring me of the 'very high standards they set', that they hope to get to the bottom of things within 20 days, but if they do not will write to inform me they are trying hard, or something to that effect.

 

 

Today I again received the monthly statement for this credit card along with a default notice stating if the arrears are not paid within 21 days they might choose to terminate the agreement and demand full payment. They go on to say they may instruct a collection agency or put the matter into the hands of a solicitor incurring costs which I will be liable for.

 

 

To recap, after receiving last month's statement I wrote to them explaining the account was in default as they had failed to provide the requested CCA agreement. These people either do not seem to accept this, do not correspond with their complaints department (who are handling my 'complaint' ) or are simply taking the p***.

 

 

Frankly their threats don't worry me, I am a pensioner living in rented accommodation with no money to spare after the rent is paid, I own nothing apart from an old television, computer and an 11 year old car which might soon be my home. Couldn't care less about what my credit file looks like as have little chance of borrowing again. They can do what they like because I can't pay, but having never been in this situation before I would ask again for your advice.

 

 

Should I simply ignore their threats until such time that a debt collector turns up or receive notification to appear in court? Or, should I be proactive and remind them that they still have not produced a signed agreement confirming I owe any debt to them? I know from reading replies to others on this forum that court action is unlikely whenever they have no proof of debt but ridiculous as it may seem, the staff in this bank appear ignorant to what is being said and I would prefer to shut them up.

Link to post
Share on other sites

And its defintaley a Default Notice...not a Notice of Default Sums which was included in your July Statement ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...