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Everything posted by Dinkjames

  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.
  15. As I stated before, IMO the agreement is enforceable, it has just not been executed properly. A situation easily remedied by the creditor signing the document, however, there is no space on the document for them to sign it, unless their signature is on page 1. I would simply send Triton a 'In Dispute' letter. Keep your powder dry and don't let them know that the document is incorrectly executed. Any sign of a DN yet?
  16. Why would you want to show them the errors of their ways? Your original scan is page 2 of 2. Where is page 1 of 2?
  17. My suggestion would be to wait to see whether the money is paid as suggested. The court may take a dim view if you go for enforcement when it appears as if the defendant is making an effort to pay. I would advise acting reasonably in this situation, as it strengthens your case. What is happening with any arrears? I would write a letter in response stating that you will hold action until the first week of August to allow the payment to be made, but if it is not, or payments are missed again in the future, you will proceed to enforce the judgement without further notice to them.
  18. I haven't bothered to send them the harrassment letter yet. Not going to waste any more postage on them. They only have my mobile number, so it is easy to screen calls. I have sent them all the letters. SAR, CCA, In Dispute, Get Lost, No Agreement, Unenforceable, CPR31.16, Bank Charges. I am just ignoring them now. I will wait for the County Court papers to drop on the doormat and then I will engage with them again.
  19. Luxx, how are you getting on? HSBC are ignoring my letters and have reverted to calling me 3/4 times a day including Sundays. I am refusing to answer their calls and am getting threatograms from MCS.
  20. The only time I have used CPR31.16 was when a creditor or the DCA sent me a threatogram stating that they would get a CCJ against me or send the bailiffs round, etc. I believe this to be a justifiable reason to believe there is to be a cause of action. Other than that, I have used S77/78 to little effect. Not that any of the DCA's have taken notice of CPR31.16.
  21. In that case, report it to the ICO as you stated you will do in your letter. You may also want to report it to the FSA.
  22. My understanding of not properly executed, means that the agreement has not be signed properly, something that the creditor can remedy fairly easily. Having the agreement deemed unenforceable is different to not executed properly. By all means, do due diligence on the wording regarding credit limits, but as the other prescribed terms are there, IMO I would not go to court on that single count. In most cases, it is the total lack of prescribed terms that makes the agreement unenforceable.
  23. Stroke a Badger, I think there are template letters in the Bank Charges forum that you can use if the bank has defaulted you whilst your case is stayed. Have a look under the HSBC threads in Bank Charges forum.
  24. Short answer is Yes, they can. I would also suggest starting your own thread and get help for your specific problem.
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