As far as I am aware, most are not regulated by the consumer credit act but the majority are bound by alternative legislation or bodies such as the financial services authority and OFGEM.

I was going to put in what Demon said reference sending the DVD to the RSPCA but held back..now that it's been said, I agree!

Did you buy the computer on a credit card? Regardless of where you bought it, if you did so on credit then under Section 75 of the Consumer Credit Act, the supplier of the credit is jointly liable along with the equipment supplier?

edit my above post to say "caused damage and / or entered the car" My apologies for the mistake - there is no need to cause damage to a car to take it without the owners consent.

No, the car wasn't taken without consent - the action of 'taking' would be if someone caused damage and / or entered the car - merely pushing/towing does not class it as being taken without consent so that wouldn't stand up. Your claim for damages would be a) damages awarded to you under the tort of trespass (unliquidated damages, decided by the court) and b) any damage to the vehicle (liquidated damages, for which you would need to provide evidence as to the cost).

Under the Sale of Goods Act, it wouldn't be fit for the purpose intended - so long as they were aware what purpose you wanted the dog for (as well as being a pet).

I would have thought the cheque would not have been accepted by Avon's bank if they cashed it before the date on it? And it's common sense to say a post-dated cheque was done so for a reason. This trainee woman has not got anything against you as she has NO evidence at all that you intended not to pay, as you would be able to prove that on the date on the cheque, you had sufficient funds in which to pay them. Don't let the legal team scare you - it's their job, but it doesn't mean to say that because you are a 'solicitor' then you are in the right.

Please do sit back and think about no credit for 6 years - I thought it would be the best thing ever, and I still do, but it does take a lot of getting used to, as you will have NO back up if something turns up out of the blue. You will have to save for anything for which you don't have the money. If your exhaust falls off your car or you get a nail in your tyre, how will you afford the repair? What if the tax runs out and you haven't saved up enough? If you can deal with these (and many more issues), then you'll fine. In addition, you will never receive another statement saying you owe money. You will never recieved another final demand. You will have no phone calls or letters from debt collectors. The money which is in your bank is yours and no one elses. You will no longer have to make minimum payments. Even better, you will have NO debt.

In the eyes of the law, a dog (specifically) is classed as property, so if you were to purchase a dog, it would be the same as buying property. Interestingly enough, if you were to intentionally kill or maim a dog, it is classed as criminal damage! You would have a case, as you were mis sold the dog into which you had an agreement to buy. However, as strange as this sounds because it is a dog, the Sale of Goods Act provides the maxim of caveat empor, which means 'buyer beware'. Because the people you were buying from were not classed as a 'vendor' i.e. acting in the course of a business to which you as a party were a consumer, then the responsibility to make sure that you got what you were told you were getting lies with you. However, this is only a small part and the test to this is reasonable and because of the nature of the transaction (pedigree animals) I don't think it is unreasonable for you to know that the dog is not what it is cracked up to be either by looking at it or by having it for 5 minutes. The couple you got the dog from really are not fit to have a dog, let alone breed them. They should be strung up. End of story. I'm glad your story did have a happy ending though. Being a dog lover with 5 of my own, I sympathise with the runied house and the house training that you have to go through, without the added illnesses and trips to the vet. However, in principle, the fact you bought a dog as per it's description and that is not what you received is a breach of contract - after all, they got the money and you got the dog so a valid contract exists. However, the practicalities of it makes it more difficult. In civil cases, you need to present evidence that you were described something and received something else - difficult to do if it's not in writing. However, just because you may not have anything in writing doesn't mean it's dead and over - it is still there, just more difficult to prove. Good luck!

This would border on a crime - the offence of TWOC (taking without consent) is not relevant as the car was not 'taken' in the sense that damage was caused in order to gain control of the vehicle. However, as said above, if damage was caused then it could be construed as criminal damage. When in the police force, we had many cases of obstruction where someone parked a car over a driveway. The car could be pushed or towed, as the obstructed owner was legally entitled to do this, or to have it towed away altogether, however if any damage was caused then bang- you have a crime. There could be damage you can't see, as mentioned above but it would probably hang on whether they had a legal reason for moving your vehicle - i.e. to gain access for emergency repairs or some other dire situation - not simply because it's where they had to work! I agree with Jimbo, in that depending on where the car was dictates your case. If on private property, then they wouldn't have committed theft but you could bring a civil case of trespass against them - although, again it depends on the evidence and the circumstances. Tricky area of law, but I do believe you would have a civil case and would be awared some form of damages!

I would have thought the whole deposit including the p/x would have shown on the agreement. I'm assuming the only remedy to get out of the contract within your ts and cs are voluntary termination - which is to part with the vehicle and pay a nominated fee. However, very few HP agreements actually say what to do if you cannot afford it any longer. In effect, you signed a contract saying that for the term specified, you agree that you are willing and able to pay the amount until such time that the agreement is exhausted - however, you now can't. Most companies have specialist teams in dealing with customers who fall into difficultly with repayments, I'm not sure if the HP company you are dealing with also have this provision? Another option you have would be to obtain a loan with a low interest rate and pay off the HP company - but would only recommend this if you end up paying less, the same or a small amount more as the monthly payments would decrease and maybe more managable. However, getting out of a contract is not very easy without being penalised for the benefit of doing so - have you tried getting quotes for the car privately and seeing how much you can raise then? Although it might not be that much more, some traders will knock off a lot more money than in a private sale and therefore it can make the difference by as much as a couple of thousand pounds. Contact a citizen's advice bureau and see if one of their financial advisors can arrange something on your behalf with the finance company, as they are bound to have some ideas, and they are really good when it comes to financial problems.

thinking about it, why not just sue your credit card company? It clearly states in the CCA that the credit provider will be equally liable for any claims - so it might take a few discussions for them to admit to this, but if you print off a copy of the act (Office of Public Sector Information) they won't have a leg to stand on! I have a letter here (c/o Trading Standards) which you can send to them: Name or title of person to whom letter is being sent Registered or head office address Dear Sir/Madam Re: Credit Card Number/Finance Agreement Number and Name of Trader from Whom goods Were Purchased I am enclosing a copy of a letter that I have sent to ............. I have written to the trader (please see attached copy letter(s)), but they are ignoring my complaint. Under the Consumer Credit Act 1974, Section 75, I am entitled to look to you for compensation, as this law makes you equally liable with the trader for any breaches of contract or misrepresentation. I am therefore requesting that you note that this matter is currently in dispute and, should the trader fail to resolve the matter to my satisfaction, I will be seeking recompense from you. Yours faithfully (if Dear Sir/Madam) / sincerely (if Dear Mr/Mrs/Miss/Ms etc)

I'm presuming that they have agreed to you obtaining an independant inspection? If so, look in the yellow pages or thomson local - or is the problem no one is willing to certify it??

You need to contact the creditor and ask them for a copy of the agreement which is currently in force. You're legally entitled to this under the Consumer Credit Act, so end them a Cheque for £1 and write: Dear Sir/Madam Re:- Account/Reference Number XXXXXXX With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. I understand a copy of are credit agreement should be supplied within 12 working days. 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. I look forward to hearing from you. Yours faithfully Mr J Blogs Once you have this, then you will be able to see what type of agreement you have and whether it is secured (HP) or not (personal loan). You really need to find this out first before you go and sell the vehicle!

Sorry, could you edit your post? You say only £600 shows on the HP agreement? Is that right?? Also, how much was the car when you bought it - If you paid a £2000 deposit and you owe £8000 on the car..........? How much was the p/x?

If you decide to go bankrupt, [from your post] it would seem your only asset is your vehicle. If it is 'essential' - that is you would be crippled without it - then you would be allowed to keep it. The Official Receiver would not take items such as a TV, sofa, bed etc. If the debts are genuine, and you didn't act recklessly (i.e. take out a loan with no means to pay it back, or use your cards without making payments) then your bankruptcy will probably last no longer than 12 months. After this, it will be recorded for 6 years on your credit file, and if you were to apply for any finance such as a mortgage, they will ask if you have ever been declared bankrupt, as opposed to are you a bankrupt. Bankruptcy is a huge decision and is completely life changing - trust me, I've been there - but it was the best thing for me at the time. I lost my job, couldn't find another anywhere near the wages I had been earning before and I had around £30k of unsecured debt, which was all wiped out the minute I walked out of court. However, don't be under any illusions it is as easy as that - you will NOT be able to obtain credit for a long time, and getting a mortgage will be more difficult and probably more expensive - although, I personally think that will change in the future and discharged bankrupts will not be so heavily penalised, but that's another story! When I went bankrupt, I had a car worth £3k, and I was allowed to keep it because I advised them I needed it for work and to travel to see family, so it might be yours to keep. In all fairness, the cars go to auction and therefore don't raise a lot of money, so there isn't much 'proof' that you need to give the Official Receiver (I didn't have to prove anything). The only trouble I had was that no one was willing to tell me what the best thing for me to do was! Everyone kept trying to turn me away from bankruptcy as they kept thinking it was too severe, but it wasn't - it was the best option FOR ME. Many of my friends and family were surprised at how becoming a bankrupt was not anywhere near as bad as it was, say, 10 years ago. You really do get a second chance. The hardest part is learning to live without credit - believe me, you notice it's not there! A basic bank account with a cash card and what goes in to your bank account is all you have, no overdraft or credit cards for emergencys but then also no money to buy things you don't need. After a few months, you start being more grateful because when your wages go in, they stay in and don't fly out to creditors left, right and centre - something 95% of my friends are crippled by. You need to discuss with your girlfriend the impact that it will have on your both. If the property you are in is privately rented and your name is on the tenancy agreement, your landlord will be notified and they could terminate your contract. If you both go to rent somewhere else, some agencies now do credit checks and, of course, you will fail and they may not take you on as a tenant. If you opt for an IVA, then you will make set payments over 5 years and at the end the rest of the debt is wiped off - a lot of people do it this way, but I can't help thinking this is more for the people who own property or are in jobs which may be affected (solicitors, police officers etc) - as an IVA will have the same impact on credit files, references etc and bankruptcy and will stay on for the same length of time. More and more creditors are now asking if you have been declared bankrupt OR have you ever entered into a voluntary arrangement with your creditors - this will have the same effect as bankruptcy. As an afterthought, I still have to pay 50% of my 'left over' cash each month to the Insolvency Service as contributions towards my creditors for 3 years, as I had to submit a statement of affairs which detailed all my outgoings. If this is too low though, they won't do this. I hope this information helps - please let me know if you have any questions.

You can't be pursued twice for the same debt, especially if you are already paying off one debt. You have a binding contract with the company with whom you are already paying. Have you checked with the company you are already paying to see if they have been bought or taken over, as perhaps they have and the records have gone a bit funny? Perhaps bank details have changed and you haven't been notifed and therefore they haven't logged the payments? The debt company LEGALLY have to provide you with the original agreement you signed which relates to the debt that they are pursuing. If they can't/won't do that, they cannot legally enforce the debt. Here is a letter (thanks to dollies01 in another thread) which you can use to the company pursuing you: To Whom It May Concern: I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a cheque made out for a £1 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. 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. 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 defense 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. Yours truly, __________________

Just as a note, I don't think Natwest damaged my credit report - it just says "satisfied", but whether that was because they were in the wrong or that's what they do, I don't know.

I am presuming this was on a HP agreement? A HP company can only repossess a vehicle without a court order if you have paid less than a third of the total payments and the vehicle is parked on public property. People are sometimes advised to park a vehicle on private property to buy some time if they fall into arrears! If you have paid more than one third of the total payments, the vehicle cannot be reposessed without a court order. Before obtaining a court order, the HP company must issue you with a pre-possession notice order, which gives details of the amount you owe and must allow a minimum of 15 days to try and remedy the situation. The remedy for cars which have been illegally repossed is a law suit in a small claims (or county) court for, well, a number of things! Breach of contract, trespass and also a complaint into the Finance and Leasing Association! Seek some legal advice, as you were already in arrears but have been treated wrongly.

Yes - the bank charges and defaults are on the basis that they are credit, of which this is a credit agreement. There are some posts on this site with regards to people fighting charges against airline tickets, Sky charges etc so you should be able to follow the same procedure.

If they owe you money, write to them specifying a reasonable date (I would say 7 days) that you wish to have the money in full. Advise them that if payment is not made to you, then you will take further legal action in order to recover the monies owed (hmm, sounds a bit like a letter someone writes to you!) If you don't get it within 7 days, file a claim with MCOL and see what happens..can almost guarantee you will get it back pretty sharpish! You can also complain to OFGEM, who are the regulator for gas and electric suppliers - http://www.ofgem.gov.uk

I had a similar problem when The Leeds Building Society was taken over by Halifax and I didn't have enough money in my account..mind you, I was a teenager! I would have thought they would have written to you in advance of the date to advise you of the windfall offer, and then you would have been aware of the requirements to be eligible for this offer? Unfortunately, I cannot advise as I don't know the ins or outs or the ts and cs of the elibility offer. Sorry! :o

Most banks and financial institutions will consider this option, but many of them will not, and for some unknown reason would prefer a customer to go bankrupt or into an IVA and they end up getting much less back than if they were to have accepted or offered a smaller payment in full and final settlement of the account. I successfully did this with Natwest, and negotiated a £1000 overdraft down to £300 in settlement. The conditions were I closed my accounts, and would not be able to open any other account with Natwest for, what I presume, is a long time. However, there were some other circumstances surrounding this a my overdraft limit was £500, and when it reached it, Natwest kept authorising direct debits and payments, even though I wasn't using the account, and ended up charging me a lot of fees and interest on the account. After some legal wrangling, they offered me settlement instead of going to court (because they were, of course, wrong) and I know of some banks which will consider a smaller payment. BE WARNED!! If you do succeed in settling an account for a discount, you could end up having some adverse credit on your credit report as the banks will mark it as "in arrangement" or something similar - I know there is a downside to doing this, and the banks will only normally accept a smaller payment for exceptional reasons - if they didn't, everyone would be doing it!

Blitz, it's not as simple as that - if you claim a refund through paypal and then you go and reclaim the money you've paid out, supposedly because you haven't received it, then the seller (if genuine) will no doubt show proof that it was sent, and possibly proof it was delivered to the right person at the right addess. it's not as simple as click-click, your money is back but there are a lot of weblogs out there from people who are £00's in the red with Paypal because of dodgy sellers/buyers and the fact you can retrieve the money back you've sent.

Well, all I can say is that it was a co-incidence that my laptop went in for repair and then someone tries to access my internet banking, as there was obviously an internet history and cookies still stored on my computer. The problem was that it had happened before when I tried to sign in to my bank and a third screen popped up, instead of the two. It asked me to confirm a further couple of digits in my password, which I entered (like a stupid idiot) and then thought - that's bizarre, now I've had to enter my whole passcode. Anyhow, when I got in I changed my details and my logon details, and Nationwide rung me 10 minutes later to advise me someone had made 5 attempts to access my banking details - thank god for quick thinking! This was around 5-6 months before my laptop went in for repair. When I got my laptop back, my internet history had been wiped, cookies and tempory internet files deleted so I gathered someone had done that, as it only went in because the screen light had gone, so there was no display. I didn't report it to the police because there wouldn't be enought evidence to suggest someone at Comet had committed attempted fraud, because Nationwide had no way of logging the IP address of where the 'fraudster' was trying to do it from. So without that vital information, there was no way of proving it was someone from Comet but I stll think it is a huge co-incidence. after I turned up on their doorstep (which was around 4 weeks into the repair), I got my laptop back the next working day after discovering that it had sat around for 3 1/2 weeks waiting for someone to ring the store to confirm the insurance details, which someone had forgotton to do and then someone had forgotton to call them back. Useless!