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

just for info the table sent was 75 x 120 x 75 instead of the ordered 90 x 150 x 75

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

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

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.

You should have had a notice of assignment from the OC and

often the DCA that have aquired the debt will write to say pay

up the whole amount we now own the account.

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"

That will probably be when the debt was sold.

I wondered if that was the case, but if it is whoever bought it has never contacted me about it

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

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

well done!!

 

dx

Sorry to seem a bit dim but does the lack of anything on the report have a special significance

David

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

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

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?

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

Hi All,

I have spent quite a while reading through this section and cannot find out how to start a complaint to the FOS (or even if this is the right direction to go in)

I had a loan with Sainsburys bank which was defaulted, it has turned into a long drawn out process, firstly they took about 10 months to supply a CCA and have generally been very unhelpful.

I am certain that they missold the PPI and have sent them a letter giving all of the reasons for it, their response was to say that they could not access the full records at this time? they are their own records for goodness sake why cant they access them? they also state that they sent me a copy of the agreement and t&c, not true, at the time they were having couriers deliver the loan cheque and they stood at my door with a cheque in one hand and a piece of paper in the other saying "sign here please" and did not leave me a copy.

I have replied to this giving further info and my answer to their "sent copy etc" and they have continued to ignore me, now the judge has sent a letter saying there is going to be an allocation hearing by phone? for info this has previously been stayed by the court since the beginning of the year, and i want to furnish the courts with all of the info and state that this is now subject to a formal complaint or other action but am not sure where to go or what to do.

Any help would be appreciated.

Thanks

David

Hi everyone,

I am not much of a wordsmith and wondered if one of you kind people had a template i could use.

I have recently had a letter from Eversheds telling me that they are taking me to court with a view of getting and attachment on my house? for a debt with Sky credit card.

I sent off a CCA request which they received, the same day as i got the court paperwork!

I have acknowledged it with Moneyclaim to gain the extra time for a defence.

I got a letter from Sky attached to which was a copy of the postal application for a credit card, it actually states across the top SKYCARD APPLICATION FORM, it does not have any of the terms on it, the is no credit limit, no APR and they have simply put a rubber stamp on the side (i guess this was done when they received it)

To my understanding this is not a true copy of an agreement, infact this is the fist time i have seen this since it was sent off.

What letter should i send to Eversheds?

Many thanks for your help

David

Thanks, great letter, i will send it off regardless of the fact that its cost me £1 for a new P/O which went off today.

David

Thanks very much, just what i need, i will have to chop it around a bit because they never actually sent me anything other than a confirmation of receipt and that the account was "on hold"

Having read a few things about this Eversheds i have already sent the CCA but will send them this as well

David

sorry for the confusion, this was a sky credit card

Got a letter from good old Capquest back in 2006 for a sky debt, sent off a CCA and never heard from them again, (i thought that they bought debts and not just collected from others)

Out of the blue i have received a letter from Eversheds saying they are going to take me to court and when they have received judgement apply for a charging order.

My understanding is that this is still in dispute as Capquest defaulted - although this new claim does not mention them but mentions sky/Barclays

Have sent off another CCA (Special Delivery) they should have it tomorrow.

Is there anything else i can do at the moment?

Has anyone heard of these people?

Thanks

David

Subscribing

I am looking for some suitable wording to reply to the "we have no record of the conversation when it was sold so cannot comment" argument, and the fact that i felt pressured to sign before having a chance to read anything, boxes pre-checked and i am sure i was never sent a copy of the PPI t&c

Thanks for looking

David

Hi All,

Still got this ongoing battle with Sainsburys re a defaulted loan, been to court "stayed" (mainly because they take forever to provide any information) took ages to get SAR and am now going through charges with them and have looked at PPI.

I was "sold" joint gold level cover (i would never get the top end as most of it is no use to me) and it was a personal loan for just me so dont figure why i needed joint cover, i ran through a list of things that was wrong with it and recently sent two page letter stating all of the issues surrounding their selling of the PPI on a loan, they have replied that they cannot comment as they do not have a record of the conversation and that i would have been sent the information in advance - not true.

The loan cheque was delivered by courier who had an agreement in one hand and an envelope with a cheque in the other, the guy stood on my doorstep waiting for me to sign so he could hand over the cheque and be on his way, very pressured, i did not feel that i had time to properly read things through and certainly not t&c's all of the boxes were pre-ticked and i was just required to sign the bottom. i am pretty certain that i was not sent anything about the PPI afterwards, in fact i dont think they even sent me a copy of CCA.

They kindly added at the bottom of the letter i received the other day about the case still being stayed in court and suggested if i phoned them we would be able to come to an arrangement, hmm wonder if they would record that one.

Looking for some kind of suitable letter to send them, does anyone have any idea's?

Thanks

David

Not a settlement cheque still going through hassle with a loan, but i will repost in the PPI anyway, little background, hassled by Blair Oliver and Scott, defaulted CCA, eventually Sainsburys turned one up - nearly 18 months later and after getting summonsed by them - then took ages to get SAR off them, was going through charges when i started looking at the PPI, i realised that i had cover way above what was needed and so started questioning it, bit like talking to a brick wall with them

David