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David963

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About David963

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  1. I understand that but what I want is the goods that I ordered, I am unsure of my position as to how I can escalate this if I don't get a favourable reply
  2. just for info the table sent was 75 x 120 x 75 instead of the ordered 90 x 150 x 75
  3. Hi all, I bought a dining room table and chairs from Wayfair, it clearly stated all dimensions, the day before delivery i got an email with a different sized table (smaller) on it, i phoned and queried it and was told that the operator had no idea why i was sent the email and the correct item had been send Table duly arrived today and it is the smaller version, i have phoned their customer services and the guy tried to fob me off with various variations of a website error and i really should be getting the smaller item, perhaps they can refund me part of the price and then i can buy the bigger table for more money, i got quite angry but remained polite and told him quite clearly that i expected what i had paid for, it still shows the correct dimensions on my order on their website which he confirmed, his response was that he needed to speak to a manager and see what could be done, but kept going back to refunds and new orders etc, he also wanted to call me and was a little put off when i stated quite clearly that i wanted their response in writing He has said that it will take up to 24hrs for him to get a response to me so will wait for that but though i would come onto CAG and ask for some info as to where i stand etc Many thanks for any help David
  4. Hi All, I am hoping that someone can give me a little advice and perhaps point me in the right direction. We took out a loan with Purple loans in 2004 and was "forced" at the time to take out PPI "no PPI = no loan", i came across the paperwork a little while ago and realised how much this cost and the more i look into it the more i am sure it was mis-sold. We were told we had to have PPI or we could not have a loan (a secured loan) It was front loaded onto the loan so subject to addtional interest (which we did not know) and a few other things from a list of bad practice items i found We duly contacted GE Money and today received a letter saying that the policy is statute barred under the limitations act 1980? And also that GE Money lending companies were not at any time members of GISC which at the time administered a voluntary code only applicable to GISC members They have said that we can contact the FLA but i thought i would try to check things out first, I also though that the FOS dealt with this/ Any help is much appreciated David
  5. Another letter this morning, identical to the pay up or we are considering court action but with an added we really want to help you so if you pay now we will give you a 20% discount.
  6. That was what i thought or at least what i would have expected, however nothing at all, I did have quite a lot of contact with the OC about what they considered to be a credit agreement and what the law actually requires, nearly went to court but then they bailed, would have been around the time that they lodged it as "satisfied"
  7. I wondered if that was the case, but if it is whoever bought it has never contacted me about it
  8. just a final update on this, when checking my credit file (something i have never done before) i note that they have this listed as Satisfied in 2009 Thanks for all your help with this one
  9. Thanks for your help, So what should my next move be? do i wait and see if they come back again or send them a letter. Just to be sure i checked equifax and nothing on there either David
  10. Sorry to seem a bit dim but does the lack of anything on the report have a special significance David
  11. Just had a look at my credit report on experian and they are not mentioned!! But i did see that they had a look at it or made an enquiry in January of this year David
  12. Hi Thanks for the information, I note on the letter in the file it says to sign but put crosses through the signature, it has been a while since i was on here but previous advice was just to type your name and not sign it, has this changed? I was surprised that 1st Credit offered me the information from their files for the £10 fee is this a usual practice by DCA's now as i would have had to approach both them and Citi, i certanly haven't acknowledged this debt and the CCA was not complied with at the time does this have any bearing? Sorry for so many questions but thanks in advance for your help David
  13. I have had problems with 1st Credit going back a while. Originally a loan with citi that was defaulted due to redundancy (this was back in 2006), a lot of hassle while i was at my lowest ebb and then i found CAG, sent off CCA requests to 1st Credit who ignored it, nothing for a while then a letter from Connaught Collections, told them about the defaulted CCA and heard nothing for quite a while then in early 2008 i received a SD with a view to making me bankrupt. Thanks to the great folks on here i filled in the forms for a set aside and waited, I was away at a wedding in April and when i returned from the trip to a letter from the court saying that nobody had turned up (i was not informed of the court date) and therefore the Judge had thrown it out. I have had nothing but the odd statement saying you havent paid anything until a couple of weeks ago when i got a letter from Citi telling me that they had passed the debt to 1st Credit, followed less than a week later by them introducing themselves and now only a couple of days later by a pay up or we are considering court action letter (the letter shows they purchased the debt in October 2006) Can they go down this route again after failing to provide any documents last time? Should i CCA them again? (they did offer to send me everything they have on me for £10 without prompting) How do i find out when i last made a payment or acknowledged this alleged debt? it must be very close to 6 years ago now Thanks for your help David
  14. I am by no means an expert but would appreciate others opinion on this, as i understand it to be enforceable all fo the necessary information needs to be on the agreement. The T&C's that are apparently on the back of this show a number of different APR's and you are told that you will be told which one yours is when you receive your card - surely that is a separate document and not the agreement unless they sent you a completely new agreement when you got your card and you signed it. Also there is no credit limit on this application form - again you are told that you will be told what it is when you get your card. Surely to be enforceable this needs to be on the agreement? This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced. To clarify s61(1) states (1)A regulated agreement is not properly executed unless— (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b) the document embodies all the terms of the agreement, other than implied terms, and © The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following— 1.Number of repayments; 2.Amount of repayments; 3.Frequency and timing of repayments; 4.Dates of repayments; 5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable Is a rubber date stamp a signature? it does not say how much credit you are to get or how it is to be worked out or that there is no limie. It gives multiple interest rates and does not state which specifically applies to you. My question to more learned people on this forum is as it does not appear to give the information required or how it is to be worked out is this a valid agreement?
  15. I got a letter from the courts stating that they wanted to hold a telephone allocation hearing (i dont really know what this is) I declined to give a phone number to Sainsburys Bank, the reason is that when they had a number for me the harrassment was truly awful, i had to eventually sent a letter (Wireless act) to get them to stop and remove my number from their records and i really dont want to go down that line again. I informed the District Judge of this in writing and also stated that i was pursuing a mis-sold PPI and asking for a delay until this could be resolved as it would sustantially effect the balance they were after. The Judge then informed me that it would be a face to face hearing, however i cannot make court on the day as i am away working in the Channel Islands, i contacted the court and informed them of this and offered (against my better judgement) a pay-as-you-go number but to be honest could not guarentee the quality of the reception. I have just received an email stating that my email was shown to the judge who has stated that the face to face hearing will go ahead as is. I cannot make the hearing, what are the implications of this? The case is about a loan with Sainsburys which was defaulted, there are some charges and the PPI to resolve, they are pushing court action but not giving me any assistance with sorting out these issues, the answer to my PPI enquiry was that they did not have access to the full records so could not comment. Can anybody help? Thanks David
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