oops duplicate

hey guys, thanks for your replies! ltc, do you think seeing as though they have lied and been so rude in the past they would respond to a letter? How would i proceed with money back if they didnt because essentially they would have the car and £2,000 x x Honeybee, ah, i didnt think about trading standards before, good idea. Will look in to that. Thanks for your well wishes, appreciate it lots x x Im not in the wrong for thinking i must have some rights am i?! family and friends say in the nicest possible way im pretty much stuck but im still refusing to believe that! x (wishful thinking!)

Hi everyone! I'm in absolute car hell and in desperate need of some advice. I went to view my first car about a month and a half ago at a garage in Birmingham. (They shall remain nameless until i find out if they are going to change their mind and help me) I viewed the car and there were some bits that needed doing to the interior but the engine was good and aside from the little interior bits it looked like a fab car. I wasnt able to take it for a test drive but the MOT certificates were there, (2 of them) and my boss who i took with me said it was a good car, i should buy it, and the sales man was very nice, not pushy and seemed to know the crack. I left a deposit while they fixed the interior parts and they said i should pick it up in a week. I was anxious an excited, it was my first new car from what i thought was a reputable garage. I picked it up after 2 weeks as its a 40 minute drive each way. Due to the traffic i was late to collect and by this time it was getting dark. The man at the garage was flustered, said he was late getting home for his tea. He handed me the paperwork and key and got in his car ready to drive himself away. Needless to say it was rushed. I got in, he popped his head in, turned on the lights for me, and fog lights by this time it was foggy, and he said goodbye! I said "there's no ariel as promised!" and he replied "oh you can grab it next time you come through!" and drove away. My friend followed me down the road and flagged me down to pull over as two of my lights were out, one at the front, one at the back and the garage had shut. All i could do was drive home with the lights out, in the fog. At this point, the interiors that needed fixing all fell out as i was driving and the gear knob fell off!! I got home and left the garage a furious voicemail because i felt like i had been mugged off. I could also hear a clicking noise and it was pulling to the right. The next day i called again and they said "bring it over" to have it fixed! I went back to birmingham, after an hour they gaffer taped the gear knob and said if i bought it back in a few days, they would properly fix the interior. (they did fix the lights there and then, though) and the answer to the pulling was "all cars made noises and can pull sometimes!" After this, i was clearly disatisfied with their service and took the car to mazda garage as my friend worked there. They gave me a free check over and gave me a list of things that needed doing. i'd noticed a serious pulling to the left and to the right of the vehicle and they said it was suspender arm bushes needed changing. With all this info i went to the garage, again, and demanded these things were fixed (there were things like two new tyres, lights on the reg plate, suspender arm bushes etc) and i demanded some kind of refund of petrol as it shouldnt have been sold in this condition and i had been back three times now with problems. I left it for a week. When i went to collect it, the exhaust sounded louder than ever but they had ticked off all the items on the list and i felt like, finally, it was all fixed. (they even gave it the valet i asked for because it was absolutely filthy) Since that day we had really bad snow so i couldnt drive it. Now the snow has cleared the exhaust is louder than ever before, and the pulling is seriously dangerous. I pulls unexpectantly either to the right or left and its scary to drive. I took it to a local garage and apparantly i need a whole new exhaust and the pulling could be the steering wheel column. The car is a KA and the exhaust comes in three parts so they think its about £500. I was shocked that i would have to pay out this amount for a car ive had for about a month and only been able to drive for 2 weeks? (actually less!) I feel foolish. Mainly because when i was sold the car, i said "oh there isnt an advisory note with this certificate" and i was told "oh that must mean theres nothing wrong with it" but ive looked over the mot certificate and it states "advisory note.. YES" I called the garage and asked for this, they said "oh we collect those after new year, we'll send it to you" but i called the MOT garage and they said this never happens. Secondly, i called the garage today to say the car is dangerous, they need to help. And he said yeah sure he will help, no problem, take it back to them they will do it but the exhaust is MY FAULT for being a new driver, ive broken it???! apparantly im a boy racer!! and he admitted the advisory note thing that the other guy had told me was a lie. (brilliant) Upon further research ive found the mot history online for the car and its failed its MOT 3 times. On these reports it clearly says the exhuast has a hole and the advisory note for the latest MOT (the one they "forgot" to give me, clearly says "two new tyres soon, exhuast hole, suspender arm bushes need doing" etc etc So, after this absolute essay (im sorry but it has been dragging on!) i need some help. i refuse to believe im stuck with the bill of paying for all the repairs when it shouldnt have been sold in this condition anyway? I just need to know where i stand, if anywhere, with the company or with this car? I have 6 month warrenty but it hasnt covered anything gone wrong with the car so far.. (typical!) Sorry for the rant, im just absolutely gutted with the service and the car. i really dont want to be stuck witht his but dont know where i stand with regards to it. Do i have any rights? Please help! Sarah x x x x (not a boy racer)

Hi guys, thanks for replying! I didnt send it off that day cause i wanted to see what you thought. I will definately include a paragraph that diamond girl suggested. They keep calling, i keep ignoring. Im going to my local CAB tomorrow too for some more advice cause it's really getting me down. My mums disabled and the last thing i want is bailiffs at her door demanding money we dont owe!! xxx

OK guys so i sent H L Legal this letter: "H L Legal, 7th July 2009 Dear ***, Re: Capital One £ ***** I am writing to you regarding the above debt as I have received a letter from you claiming court action against me. May I draw your attention to copies of my correspondence with Lowell Finance and more importantly to the CCA request on the ** ** 2009 and their reply on the ** ** 2009 stating that the debt was now invalid due to Capital One not being able to find the original contract I requested and to ignore all future correspondence. I have attempted to contact Capital One many times but they have been as helpful as a sole-less shoe. I have requested on numerous occasions copies of any statements where the card may have been used to rack up a large debt so that I can determine whether this is an unfortunate case of fraud but Capital One claimed that due to the fact that the date of birth on this alleged debt is not the same as mine I cannot gain access to this account. I understand that in the current economic climate some companies might be clutching at straws to pay the bills but it is completely unfair for Lowell to constantly harass me on my mobile phone and send out letters of a threatening nature for a debt and credit card I have never owned. Yours sincerely, ** Enc." haha...sorry but christ...this is just doing my little head in!!

p.p.s shall i send their legal department a copy of the letter Lowell sent me a couple of days before they sent the bodged up CCA which stated: "The debt is now written off due to the fact we cannnot retrieve your CCA" See what the legal team think about that??

(I say my signature, it isnt..i've never written my name how they claim i have)

Hey...sorry i havent posted the letter up just yet..it looks a lot similar to others who have posted theirs up before. Its two seperate sheets of paper, one page with my address and signature and then a seperate sheet stating some terms and conditions. I haven't replied, blocked all numbers from my phone and today received a letter from their legal department saying there taking me to court. I really dont know what to do..the debt was never mine but how can i prove it?? Such a headache!

Right, i've just contacted home cause i was curious as to what this letter looks like. Apparantly it looks fake. Its on one A4 peice of paper, with my current address on (although, then the debt was supposed to be taken out, i was living at a different address altogether?) And it looks really dodgy. Where do i go from here?? Thanks for all your help! My boyfriends telling me to ignore it, but i dont want any ore hassle from them!

Hey guys. ugh. I didnt read the replies to my previous thread so i didnt see about reporting them. I wish i had because ive had 5 calls off them today demanding payment so i've blocked there number and said that the account was finishd as they could not provide paperwork. They called back once more before i blocked them to say the original contract was sent in th post on the 4th June so i should receive sometime soon. From my point of veiw, there was no contract. What will i receive?! Shall i scan it in and show you guys? Im getting really fed up with this!! Thanks for your help!

Hey Guys, i would just like to let you all know that Lowell have sent me a letter to say that Capital One cannot retrieve my application form so the debt has now been written off "Unless they retrieve the application form eventually" So thankyou all for your help, you guys certainly know your stuff. It's people like you that really help people like me who don't really understand what legal rights are out there. I be theres thousends of people who could do with your help. You deserve more recognition! Thanks again! xxx

Thank you cerberusalert. And im DEFINATELY entiled to send this, eventhouh they have sent me letters to say ithere awaiting for it to be retrieved from Capital One? It has been over a month! Sorry to ask again, just want to know i'm definately right before sending, there letters back can be very convincing and make me wonder how right i am to be even fighting.

hey thanks for all your replies! Had a quick look at the templates and couldnt find one for In Dispute. What should i say back to them?

Hey everyone, So, its been over a month since i sent the CCA to Lowell finance. They keep sending me the same generic letter to say 'Capital One are still retreiving your original contract. When they do, we demand full payment' This feels like it's dragging on so much, anything i can do??

haha Sam, i like your attitude towards them both. It's such a joke though, shall i ignore the CCJ letter? I am SO close to calling them but keep re-reading the above posts which say never ring so keeping that in mind. It's so annoying though. Should i just go to capital one directly if i hear nothing else??

Hey, a little update on the Sarah VS Lowell Finance. I sent theletter with the £1 postal order on the 18th by recorded, tracked it and it was delivered on the 19th. I recieved a letter yesterday from Lowell dated 15th stating that 7 days from that letter date i can ring up and pay, if i fail to do so they're going to get a CCJ against me?! But the 7 days had passed before i'd even recieved the letter!!? The envelope is very odd, its one of those pre-paid ones so didnt have a date stamp or anything so i couldn't see when it was really posted but it seems to me that they posted it AFTER my letter and are playing dumb. But they've definately recieved mine! What should i do? Im worried about the CCJ! Thanks in advance!

Thanks again 42man. I decided to go for the first letter to see whether that will do anything. I've posted the letter recorded and photocopied EVERYTHING ive sent so i've got proof that the postal order was there, the reciept everything. (Probably sounds mad but it's all evidence!) and i will keep you all posted if/when i hear anything!! Thanks again! x

Thanks for your quick replies guys! Lots of help! @ 42Man: no no noo, wouldn't ever give them my bank details over the phone. Sorry i didn't explain myself very well i was trying to get lots of stuff out at the same time! Thanks alot for the letter template, massive help! @SB: Thanks alot for your advice, what is a Subject Access Request form? @ dx100: Some of the things on my Credit report are mine, one was defaulted which i've paid and requested a certificate of satisfactory for, paid another debt which wasn't defaulted it but simply forgot i had so settled that, and one was a complete mixup in names. My name has been somehow confused with my mums new marital name and added to my credit report as an Alias by ACE Gift Cards which really worries me. I've contacted them and they reckon they recieved a marriage certificate from me (i'm only 21..) stating this new name but when i questioned them, they said they'd call me back but haven't yet. The alias really worries me though. Must look like freud on my report?? Thanks again!

Hey everyone, Don't really know where to start. I recently checked my credit report and it's very messy indeed. I have only ever been able to get credit once and I recently found out the reason why. I'm sifting my way through and contacting the company's directly and seem to be getting somewhere and slowly getting them off but things that aren’t even on my report are now being received in the post and it's really worrying me. How come some don't go on your account but some do?? I have recently received tons of post from CapQuest for a debt from Littlewoods Finance Ltd in the name of myself and a different named lady who I’d never heard of. I've never ever had a Littlewoods account so I called them and told them what I had received, and they apologized and said it was for a different person. I still kept receiving demanding letters so I wrote them a letter. They sent one back apologizing. Then I receive more, still in my name, so I ended up calling Littlewoods directly instead of going through Cap Quest and they said there was a debt to my house, but they haven't got any proof who opened the account, when or where packages were delivered so they couldn’t go any further and have written it off. (I’m still awaiting the letter from them so I can re-send to Cap Quest if anything else comes up) and they apologized lots. Now, I am receiving letters from Lowell Finance who claim a debt has been passed to them from Capital One (another company I have NEVER had an account with) and the calls and letters are becoming more frequent so I called them on Monday asking for more information. They demanded a contact number before I could be spoken too, and said to freeze the debt so I don't receive any more charges and that would be £10 and I HAD to give them my bank details. I didn't feel comfortable with this so I said I’d call them back but I decided to Google them and found this forum with help and wish I’d never called them because now they’re calling my work, mobile everything so I told them that I needed proof that the account was even opened by me and that I was writing a letter to them. The guy was so rude and sounded so annoyed (do they work on commission?!) and hung up on me! So, (sorry this is so long winded) I have printed out the template for the request for CCA letter am I right to sent that and also what happens after that? I feel so confused with it all, I know lots of people have probably asked you all these questions but thought it would be easier to start a new thread so you knew all the details. Thanks for any help you guys can give! I’m in a true tizzy!! Sarah