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Jamesmcuk

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  1. well done mate I will be doing the same! Shame no one with a bit of contractual law knowledge has bothered to respond. not really worth posting on CAG I guess
  2. Many are and O2 i believe have changed their NEW contracts to basically say your contract WILL increase each year. This what I got however is an amendment to my existing contract which I can't see is fair. My contract does allow price increases and thats fine but they want to change the contract terms. As I see it that can only be allowed if I agree?
  3. Been doing a little digging and Clause 10.3 of "OFT's Unfair Contract Terms" seems to say they are overstepping the mark. And 12.3 point number 3 http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf Please review and comment
  4. Hi Everyone. Looking for bit of advice. T-mobile have text me detailing a clause they wish to change in the contract. In summation the original clause said I can cancel my contract if they increase the bill by more than the RPI or any other government recognised inflationary measure e.g. CPI as a percentage. They want it to now say only the RPI will be used to decide if the rise in the bill is large enough to allow cancellation. Since the CPI has been consistently lower since 2010 (recently 0.7% lower) I think this change is unfair and not only that but why should they be able to change clauses at will anyway. What do you think? PS since this is a sweeping change to the contract and not an actual or even proposed price increase i don't really want to get in to material detriment issues. The point is that this change increases the chances of material detriment in the future and therefore seems an unfair clause change. Thanks James
  5. thanks for the detailed reply, that is very helpful. Can you just clarify if what your saying is that anyone as long as they have applied for permission with the cra with or without some sort of agreement can write to your file? So for example a company who you have no real contract with can even if not legitimately register bad payments or defaults on your file if they have applied for and been granted access to the CRA? thanks again
  6. Hi Everyone I have done some searching but can't seem to get a answer to Who (as in which companies etc.) can write information to your credit file. Is there some criteria they must meet? Must I have a contract with them? If I have to have a credit agreement then what is the defining line between that a a private loan you make to another individual with a basic contract of repayment? So in short I am just after a criteria not a list of companies. e.g. could a Debt collection agency write to your file if they buy the debt from another company etc. Many thanks James
  7. Maybe you could take it back armed with a camcorder and ask them to repair the fault under the warranty. If the refuse send them a letter giving them the last chance. THen get it repaired noting all incurred costs. I would include lost earnings for all the time you have been back and forth. Then try small claims as you have nothing to lose.
  8. if i were you i would cancel the order, get my scrapper MOT'ed, swallow the loss and buy another make. Who whats to be under warranty to a dealer like that?
  9. You say "The invoice states there is a warranty. There isn't." If the Invoice for vehicle sale says you have a 6 month warrenty on the defective parts then take it back. If you have no documentation to say you hae a valid warrenty you wont have an easy time proving it unless its custom and practice that the dealer always has provided this service. It maybe they are just trying not to acknoledged the defects until after the warrenty period and I believe you would be best to send a registed letter to them stating the defects that need putting right so that they have no case for saying the defect occured after the warranty. Better still go in and get them to sign and date a copy of a letter you have shown to the service dept of whatever (dealer stamp maybe) If they wont do it I would spend a day or two informing all customers looking on the site about your situation
  10. Hi there, we recently had to put our company in to liquidation and the 2 vans on Lease Hire got returned. We had to guarentee the agreements and did so 1 each. Since then the finance company has sent us letters for the outstanding balance. The balance we believe is not due under the agreement as the vehicles sold at auction for more than any shortfall. We first recieved 2 letters to my house, one for each van/agreement but both quoting my business parters name. He rang them and asked for a copy of the agreement which they never sent. They have since sent a another letter saying we failed to acknolege their letter and that his home is at risk etc etc, this one was too him at his address which was odd and no mention of the other agreement (THey do have my name though - we know this so it may only be a matter of time). He rang them again and a guy spent 20 mins trying to make him acknoledge liability for the amount before eventually saying it was clear that he was not willing to pay and therefore he would NOT be sending out anything we asked for. We repeatedly told him that we were not refusing to pay but required proof of the debt and its composition as we believed we didn't owe anything. He put the phone down. We have both calls recorded. So where next? Can I send the standard CCA Letter with a addtional lines to ask for the composition of the debt and the clauses of the agreement to which they apply or would that not cover Lease Hire Agreements and Personal Guarentees? I need to see if they are basing this debt on the same T&C's I have and also if I even signed it. The basis of their claim lies in the RV (residule Value) of the vehicle which is not mentioned in the Termination section accept under clause 8.4 which refers to total loss of the vehicle which obviously didnt happen. The guy on the phone tried to tell us that this RV value was covered under "other sums", yet they felt the need to be specific in the event of a total loss and not if it was a liquidation which at best makes this contract unfair and misleading. Any help greatfully received. J
  11. Hi there, we recently had to put our company in to liquidation and the 2 vans on Lease Hire got returned. We had to guarentee the agreements and did so 1 each. Since then the finance company has sent us letters for the outstanding balance. The balance we believe is not due under the agreement as the vehicles sold at auction for more than any shortfall. We first recieved 2 letters to my house, one for each van/agreement but both quoting my business parters name. He rang them and asked for a copy of the agreement which they never sent. They have since sent a another letter saying we failed to acknolege their letter and that his home is at risk etc etc, this one was too him at his address which was odd and no mention of the other agreement (THey do have my name though - we know this so it may only be a matter of time). He rang them again and a guy spent 20 mins trying to make him acknoledge liability for the amount before eventually saying it was clear that he was not willing to pay and therefore he would NOT be sending out anything we asked for. We repeatedly told him that we were not refusing to pay but required proof of the debt and its composition as we believed we didn't owe anything. He put the phone down. We have both calls recorded. So where next? Can I send the standard CCA Letter with a addtional lines to ask for the composition of the debt and the clauses of the agreement to which they apply or would that not cover Lease Hire Agreements and Personal Guarentees? I need to see if they are basing this debt on the same T&C's I have and also if I even signed it. The basis of their claim lies in the RV (residule Value) of the vehicle which is not mentioned in the Termination section accept under clause 8.4 which refers to total loss of the vehicle which obviously didnt happen. The guy on the phone tried to tell us that this RV value was covered under "other sums", yet they felt the need to be specific in the event of a total loss and not if it was a liquidation which at best makes this contract unfair and misleading. Any help greatfully received. J
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