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Dinkjames

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About Dinkjames

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  1. Thanks for the advice. I managed to get a company to provide me with the required report free of charge. They confirmed that it was a manufacturing defect. I send the whole lot off to M&S and they have settled for a 50% refund on the purchase price of the original fridge. Result.
  2. Hi there I purchased a Samsung Fridge / Freezer in October 2010 through Laskys. I paid for it using my M&S Credit card. About 6 months ago, I noticed that the internal white plastic at the back of the fridge had developed a number of cracks, some hairline in nature, others about 3/4 mm wide. Looks like old, cracking paint does. As Laskys (part of Comet) is now bankrupt, I contacted Samsung. They informed me that the fridge was out of warranty and they would not repair it. They referred me to an authorised repairer, but I opted not to go down this route as the repair would probably cost more than a new fridge considering the whole plastic interior would have to be replaced. After a recent TV program regarding faulty goods and how long they should last, I decided to contact my credit card provider and see what they have to say. No point in going after Laskys in this case. M&S have now sent me a letter about my claim under Section 75 of the Consumer Credit Act. They state that in order to make a claim, the onus lies with me to prove that there is a manufacturing defect with the product and they want me to provide an independent inspection report. Having spoken to a few companies, it looks like such a report is going to cost in the region of £150. As the type of damage is clearly a manufacturing defect or material failure, do I need to have the report done and who pays for it? Is the bank trying to make things difficult in the hope that I go away. Advice on next steps would be appreciated.
  3. Thanks for the advice. I have sent them the CCA request and am waiting for a response. Will keep this updated. How do I respond when they tell me it is not covered by the CCA? Thanks for your help.
  4. Hello everyone. Hope you can help Background: I have an overdraft of £900+ with HSBC taken out in 2002. There are just over £600 of unfair charges on the account. I did a SAR in May 2009 and got a full response. In June 2009 I sent the Prelim letter and LBA letter. The response was the standard one about investigating the claim and the Test Case. Up until November 2009, I was paying £40 per month. HSBC then closed the account and the Standing order was returned. I made no further payments. In December 2009, I got a letter from HSBC saying they had won and would not be refunding my charges. From January onwards, I have been receiving various letters from Metropolitan Collection Services and Central Debt Recovery (the internal collectors) I just ignored the letters. The account has now been handed over to Wescot for collection. I have written to HSBC using the template letters on here, requesting they write off the debt due to low income (benefits) and poor health. They have replied that my offer is not acceptable. Today I received a letter from Nelson Guest and Partners demanding full payment or else!!! Any ideas on how to proceed? I don't want this ending up in County Court if I can help it.
  5. Nothing much happening. It has passed from Metropolitan to DG Solicitors to Central Debt Recovery Unit (all the same company) and backwards and forwards between these three parties. When DG Solicitors threatened legal action, I sent them a request under CPR for a copy agreement. They replied that their client is unable to provide a copy of the agreement as they cannot find it. So, it is dead in the water. Now I get letters from DG and CDRU on a weekly basis offering me discounts between 20% to 30% if I settle in the next 14 days and they will mark the debt as satisfied with credit agencies. I am just ignoring all their letters for now, as they are unlikely to implement court action.
  6. MBNA have just lost a substantial case in the county court and the debt was declared unenforceable as they couldn't produce a CCA. BBC NEWS | Business | Court lets woman off £8,000 loan Makes a great read and gives one the energy to carry on fighting.
  7. I hope you get an answer, because I have been asking the same question. Link have a default registered and they bought the debt from MBNA who also have a default registered. Writing to the CRA got me nowhere.
  8. Hi all Just need a little advice. I am currently considering going down the bankruptcy route as things are getting out of hand and it is all getting me down. I was wondering. What happens to defaults that are registered with the CRA's when you go bankrupt? Do they change in status and also come off you credit record when you go into bankruptcy or will they remain for the six years from registration date? I realise that bankruptcy will register on your file, but it may be easier to rebuilt your credit record after you have been discharged after a year than to try and rebuild it with 5 defaults sitting there for 6 years. Thanks for any advice.
  9. While three years will be brilliant, the CRAs should stop holding data of users where the original creditor does not have the credit agreement. How many people on this site (and others) do not have credit agreements and have even been to court over the matter, but they still have black marks against their credit files. I have four defaults registered against me and in all cases, the OC does not have a credit agreement. The only way of clearing your credit file is to make its removal part of a settlement on a non existent credit agreement. The credit file is just another (illegal) stick that the creditors are using to beat people into submission. That is what should stop.
  10. My card from HSBC was also taken out in 2003. To date, they have not provided a copy of my agreement under CCA or CPR31.14. In my SAR, there are 3 requests from the Data Compliance Dept to the Credit Card department for the agreement, but it was never included in the SAR. I am of the opinion that they don't have one. Fingers crossed they don't have yours either. My account is still with their internal DCA, MCS.
  11. Pleased you got the result you wanted. Here's hoping they continue to pay now.
  12. Brilliant news and well done!!! Gives me confidence in the fight that I have coming with MBNA. Great work.
  13. Fingers crossed for tomorrow. Hope it goes exceedingly well for you. I am still at early stages with MBNA.
  14. After a lovely few days away in Cornwall, I got home to a letter from C1 saying they were giving up and handing the account to a DCA. 2 days later I get a letter from Credit Solutions Ltd. Pity C1 still have not replied to the CCA request, so a bemused letter to CSL in the post today.
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