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Posts posted by Realist

  1. This topic was closed on 03/05/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  2. I emailed them the following:



    Dear Sir/Madam


    ACCOUNT NUMBER: xxxxxx



    Re: The below email



    With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.


    This is my right under the legislation contained within section 77 (1) and section 78 (1) of the consumer creditlink3.gif Act 1974, and I am entitled to receive a copy of my credit agreement on request.


    Your obligation also extends to providing me with a statement of account. I'm willing to pay a fee of £1 postal order or other means, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied.


    I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


    Also, since you are a debt collectionlink3.gif Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.


    For the sake of clarity, may I also draw your attention to the following:

    Consumer Credit Act 1974 s.175

    Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.


    Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.




    1. True copy of original signed executed credit agreement

    2. FULL Statement of account

    3. Copy of the executed deed of assignment from (original creditor) and (DCA)

    4. A fair processing notice.


    As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.


    Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.


    Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. telephone calls and personal visits will not be accepted and viewed as harassment.

    I look forward to hearing from you.


    I would appreciate your due diligence in this matter.


    I look forward to hearing from you in writing.


    Yours faithfully




    Mr xxxxx

    They responded today with the following:

    Dear Mr xxxxxxxx,

    Thank you for your email.

    I am pleased to confirm that we will issue a copy of your credit agreement today, there is no requirement for the £1.00 payment.

    I will also enclose a statement of your account.

    The additional documentation I have requested and this will follow under separate cover very shortly.

    I note that you have requested everything in writing, though you have not included your address details. The documents you have requested will therefore be issued to the address we currently hold for you.

    Kind regards

    So what do I look for in the paperwork I'll receive?


  3. This evening received the following email:



    Good Afternoon Mr xxxxxxxxxxx ,

    Re. Agreement xxxxxxxx



    Outstanding balance: £509.20



    Outstanding arrears: £25.46



    We need to speak with you in relation to the above agreement you hold with PRA Group (formerly All In One Finance).



    If we could please ask that you contact our office on 0344 245 xxxx at your earliest convenience.



    Alternatively, please advise of a suitable time so we can give you a call.









    xxxxx Robertson |Resolution Recoveries |Simpson House |Windsor Court |Clarence Drive |Harrogate |HG1 2PE |T + 44 (0)3442 xxx xxx



    Resolution Recoveries is a Trading Style of The Nostrum Group Limited which is Authorised and Regulated by the Financial Conduct Authority in relation to Consumer Credit Activities. Registered in England No 04274181. Registered Office: Simpson House, Windsor Court, Clarence Drive, Harrogate, HG1 2PE. VAT No 916 5953 94.



    This message may contain confidential and/or privileged information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.



    Trouble I have is I had an agreement which was paid off back early last year and I have no idea what this is all about or what its regarding.



    I did move bank accounts 3 weeks ago and found a direct debit paying some company me or my wife didn't recognise and cancelled it, so car not received any letters so I'm wondering if we have been paying for something we have no idea what it is?



    Any ideas?

  4. Hi all,



    Have an interest only mortgage with 11 years remaining and our mortgage company we have been with changed us over to someone else. Well we need to sort this mortgage out asap and switch to repayment but the company that now holds our mortgage does not allow changes like this.



    We contacted a mortgage advisor whom finally came back to me today and said due to the amount of unsecured debt we have the only company whom looked at ourselves said no and now we are stuck up a creak without a paddle.



    Does anyone have pointers, advise etc.



    We have never missed a mortgage payment in 9 years of having this mortgage but our outgoing are high and if we contact our creditors with reduced payments that will stuff our chances of a re-mortgage.




  5. Where do I start I presume the beginning so here goes.........



    Me and the wife over the last 16 years have had numerous cards, loans, two mortgages etc but I don't have a clue if we have ever had PPI.



    Some accounts have gone via the dust (lost job) over 6 plus years ago so how can I find out the companies involved etc.



    I know we had cards with various banks like Capital One, Abbey National (thousands in charges they hit us with) and various loans and that's where I'm stuck on finding the info.



    Is there a list of companies I can sent a basic letter to and go from their or a company that has records to search?




  6. Also under SOGA it says What can you do if goods are not of satisfactory quality?


    If goods aren't of satisfactory quality you may have the right to return them to the seller and claim a refund. However, you may lose this right if you have accepted the goods. If this happens, you can still ask the seller for a repair, replacement or partial refund.


    In this case the OP has accepted the goods, he did 18 months and he refused a repair which was given to him so again what's the problem?

  7. These are the terms of contract signed for.


    So what's the problem other than milking the cow dry.


    The Digital Satellite Equipment comes with a warranty against faults arising in the first 12 months after installation. The

    12 month warranty also covers cabling and/or installation faults.


    Sky will warrant any repair or replacement until the later of the end of the

    original 12 month warranty period or 3 months from the date it was carried out.

  8. 18 months is fine for any electronic/electrical item if manufacturers had any issues with their products their would be a outcry from day one and in this case its getting blood out of a stone and milk them dry.


    The SOGA is in place to protect the consumer and in my eyes the consumer has had the use of the product for 18 months and now its faulty they try and get a new item, its cry wolf and sorry this is why to many companies go to the wall.


    Anything can go faulty at any time so where does the buck stop?


    Manufacturers have warranties in place so everyone is speaking from the same page and in this case its 12 months and that's in the contract, if the buyer does not like it then don't sign up or subscribe, simple.

  9. If every tom, dick and harry cried wolf 18 months 2 years etc etc down the line this country and its manufacturing industry will go to the wall and its the end user to blame for pushing their luck.


    At the end of the day where does it end, lifetime warranties, if it breaks we'll fix it and on and on it goes.


    We all like to get our monies worth out of anything we buy but the buck has to stop somewhere.


    Just accept a replacement even if it cost £30 and leave it at that.

  10. People do push their luck and try and get blood out of a stone and sorry I'm with Sky on this one, you signed a contract, agreed to it and now your trying to change the terms by extending your side of said contract.



    By signing Sky's contract and receiving a subscription you agreed to a 12 months warranty and that's the end of the matter sorry.



    You cocked up by extending the subscription and keeping the old STB you should of started a new contract with a new STB and a fresh warranty.



    Tip: Spend £20 quid, buy one off EBay and use that and save yourself a lot of letter writing and headaches or pay the fee, get a reconned box and start again.



    If you ran a shop, sold electrical goods and a customer returned 18 months later saying the very same thing sorry theirs the door bye.

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