Hi All This is a long post so bear with me. I've done a lot of research and I think I know what I'm doing but I would really like to hear your thoughts, comments and suggestions on my tail so far. At this point in time small claims is unavoidable so any suggestions where my claim is weak and what I could do to address it would be greatly appreciated. I have laid out the story so far in a time line below. Many Thanks Jonathan At the beginning of May I purchased a Mercedes A Class A200 for £3000 including delivery. I stupidly bought it unseen from a dealer over 150 miles away using my debit car for the deposit and then the balance. I did call the dealer and ask a lot of questions before hand and do a HPI check which was clear. The car came with a 6 month third party warranty from WorldofWarranty.com which I now know is not worth the paper it is written on. 03/05/2015 Called dealer, Confirmed specification, Asked pointed questions about rust as 2005 mercs can have a problem, was told the car was good and although rust had been there is had been sorted. Paid deposit and received receipt for deposit stating car identity, amount and number of miles on clock was 105K 06/05/2015 had to chase dealer to pay balance 14/05/2015 Car is delivered by a driver, I have no time to look at the car as I have to give the driver a lift to the station to get a timed train. I do notice the instrument cluster display is blank/faulty I am unable to see mileage. 15/05/2015 I email the dealer say I am unhappy with the car and it is not as described. I outline the following faults which I have found. Ask dealer to call me · Engine is overcooling · Engine light on due to faulty glowplugs · Obvious and advanced rust in both doors and tailgate · 7K more miles on clock than advertised · Service history missing last two stamps · Instrument cluster faulty, no mileage displayed · Passenger side folding mirror faulty & unsecured · Both front tyres need replacing · Warped front brake disks, and rears badly corroded. 16/05/2015 email dealer chasing reply, I get what looks like an automated response saying I will get a response in 48 hours 17/05/2015 received email from dealer, says that the faults are not that serious and that he has already spent money fixing the car, stated that he has already spent putting a brand new shock and spring on the front and a hand brake cable. Dealer offers £100 as good will. 18/05/2015 I respond to dealer stating that some of the faults are serious and need to be addressed. I try to be reasonable and state that I will keep the car if they agree to two things They source two replacement doors in the correct colour within the next 6 weeks and I will fit at my expense, They arrange to have the glow plugs replaced at a garage or their choosing, near my address. If they agree to this I will fix the remainder of the faults myself. 18/05/2015 I get almost immediate automated response stating I will be contacted in 48 hours 21/05/2015 in the morning I send chaser email as I have had no response. Not long after this I spot a very similar car being scrapped on ebay. I contact the scrap yard and an able to do a deal for two doors and a tailgate for £75 each plus £80 delivery. 21/05/2015 I email the dealer stating I have found these doors and suggest that if they agree to pay for the doors I will pay for the tailgate. A couple of hours later I receive an email from dealer stating that he agrees to pay for doors but not postage???. I feel as they are agreeing to my terms outlined on the 18th that I will foot the postage just to get this sorted. That evening I receive an email asking for an email confirmation stating if they pay for the doors I will agree that they have resolved the issue and have been very helpful. 22/05/2015 I send email saying I am happy to state the replacement doors will resolve the rust issue but that I am still waiting for the glow plug issue to be resolved. 22/05/2015 late evening I receive £150 from dealer into my account for the doors. Over the next two weeks I chase the doors and get them fitted and sort out a trip to the garage to get the car looked over. Perhaps naively I assume the dealer is sorting out somewhere to get the glow plugs replaced. 22/05/2015 Concerned about how the car feels and sounds and now loosing trust in the dealer I put it into a local garage for them to service and look over. The following faults are found on top of what I had already discovered · Fuel filler pipe corroded · Centre exhaust corroded · OSF shock & spring broken ( the one they said they had replaced) · Flywheel worn I ask about flywheel and was told that although it is noticeably noisy there are no other symptoms like vibration, slippage, or poor gear change so just keep a close eye on it. The mechanic also stated that in his opinion no service had been carried out on this car for a very long time. The air filter had a 2011 date stamp on it and was effectively blocked. Having a broken spring and shock renders the car dangerous to drive so I booked the car in to get this replaced. 23/05/2015 two front tyres replaced £182 at my expense(I have not claimed for these) 24/05/2015 Instrument cluster from ebay fitted at my expense(I have added this to my claim) 29/05/2015 Replace all brake disks and pads at my expense(I have not claimed for these) 08/06/2015 I contact the dealer stating the doors have arrived and been fitted and that the rust issue is now closed. I request that we deal with the glow plug issue. I provide 3 quotes from local garages ranging from £220, £300 and £500. I state that I wish to go with the £300 one and in an effort to be reasonable and bring this to a conclusion I will pay the difference between the lowest and the middle quote. 10/06/2015 I request a response to my email from the 8th 12/06/2015 Again I request a response to my email from the 8th 12 06/2015 I get the front shock and spring replaced at my expense (I have added this to my claim) 13/06/2015 I receive a response from the dealer simply asking me to resent email 14/06/2015 while driving the car develops strong vibrations indicating the flywheel has taken a turn for the worst 15/06/2015 I resend my email from the 08th 15/06/2015 I arrange the car to go into a local Mercedes specialist to diagnose the vibrations. I give them the warranty information I was supplied with the car which appears to cover flywheel faults. Later that day they confirm the flywheel is faulty and could possibly disintegrate if driven. They tell me they have been in contact with the warranty company who will be sending out an engineer to confirm their findings. 16/06/2015 I receive an email from the dealer simply stating the final payment has been made and matter is closed. I don’t know if this meant they have sent payment for glow plugs or are just talking about the doors so I send an email asking for confirmation about what payments have been made and when. 17/06/2015 I call the Mercedes garage. The engine has been removed so that the flywheel and clutch can be closely examined. This was at the request of the warranty company. He confirms that in his opinion they are beyond repair. He confirms that the warranty company have sent an engineer to examine the flywheel clutch. He tells me I am looking at over £1000 for replacement. He will get a more accurate estimate when he gets the actual cost for the parts 17/06/2015 I immediately email the dealer stating that the flywheel and clutch have failed and that the warranty company are looking at it. I state that the warranty only cover up to £500 and the actual bill will be significantly higher. I state that as I have only have the car 5 weeks and have done less than 250 miles in that time then the fault was clearly there at time of purchase. I state I wish to invoke my rights under the sales of goods act and will either return the car for a full refund or accept a substantial contribution towards the repair. I ask them to call me to discuss. 18/06/2015 the warranty company call to inform the garage that the clutch and flywheel are not covered as they have simply come to the end of their life rather than suffering premature failure. They state due to the short period of time between the the inseption of the warranty (ie when I purchased the car) and the failure that the fault was already there when the warranty was started. 18/06/2015 I email the dealer stating that the warranty company have refused to cover the flywheel & clutch. I State they are now liable for the full cost of repair or I will accept a refund + plus the costs of diagnosis. I also state that the car is currently taking up a ramp at the Mercedes garage with its engine out and needs agreement today. I also state that given the time they usually take to respond to emails that I require a response today or I will be forced to have the repair done at my expense and will seek to recover the cost from them. I give them the number of the Mercedes garage and again ask them to call me to discuss. 30 mins later I get the following email form the dealer Sorry to hear once again from you that you are complaining about something else.We are surprise to hear every time you email us you come with new issue I spoke with gaffer and he confirmed that full and final payment of settlement has been sent to you last time when we replace the door and we have email to confirm it there will be no further emails. We are not here to make cars from Old to new You been given warranty Best warranty cover for this age and warranty allowed us to grant under the Act or under any condition on second hand car dealers are not liable for wear and tear That's why warranty been given so in case of any issue you can contact with them and get it repaired Unfortunately on this occasion i am unable to help Thanks Trying very hard to keep my calm I immediately send a response outlining all the faults to date. I pointed out the lied about the mileage, they lied about replacing the front strut and spring, they lied about servicing the car before delivery, they lied about it having a full service history and they lied about obvious rust being present. I pointed out they they have made very little effort to address the issues I had raised and that they where legaly obliged to do so. Yet again I stated that I either wanted a full refund including the cost of repairs to date or they paid to have the clutch and flywheel replaced. An hour later around 12:30 I received the following We received your email and pass it to legal department so they will answer you within 14 Days Thanks So I was left with a car in pieces in the garage and the garage pressing me for a decision as it was taking up a ramp and space. I could have simply got the car put back together with the faulty parts at a cost of £600 labour or I could go ahead with the repair at a cost of £1300, the only silver lining is as the engine is out it is very easy to replace the glow plugs and thermostat so that would only cost £100. I figured at this point it was reasonable to conclude that the dealer has no intention of refunding or repairing the car, they said as much when I asked about the glow plugs before the flywheel issue. If I simply paid the £600 and to put it back together I could get it home but it would be unsafe and unusable and a complete waist of money. Also I need my car for work. So reluctantly I reached for the emergency credit card and asked the Mercedes garage to go ahead and replace the clutch flywheel and glowplugs. 18/06/2015 I send a final email the the dealer thanking them for the confirmation that they would not be addressing any issued raised. As they are apparently an AA garage I send them a link to the AAs website where it outlines my rights as a buyer and ask them to send all my emails so far to their Legal department for review. I again outline the circumstances and their legal obligations and the consumer rights act and give them one more chance to pay for the repair or I will be forced to let the small claims court decide on all the issues. 19/06/2015 I send them a registered letter outlining the above except AS I was being forced to go the small claims route I was now including full repair costs for the flywheel, clutch, glowplugs, instrument cluster, Shock and spring plus a small amount to compensate for the additional 7k miles the car seemed to have traveled from me paying my deposit to it arriving. In total £1840 and I gave them 7 days to reply. 20/06/2015 at the suggestion of a friend I look up the cars MOT history online. It turms out that it had an MOT in March this year where among other things it failed on osf shock and spring its mileage at this time was recorded as 112K, no retest was done. Its next MOT was on the 12/05/2015 2 days before delivery, it failed on OSF shack and spring, it was retested the following day and passed with a recorded mileage of 112K. The OSF shock and spring was the one I had to have replaced. I think this establishes that the garage think nothing of selling cars with dodgy MOTs and that they knew the mileage when they sold the car. I have to date received no further reply from the dealer.I have retained all receipts, replaced parts and emails sent and received and I received from the warranty company an independent engineers report stating the flywheel and clutch where faulty when the car was purchased. Tomorrow I will send a final BEFORE ACTION letter and give them a final 7 days to reply. IF I don’t get a response by then I will start proceedings. As mentioned above any thoughts, comments and suggestions much appreciated. Thanks Jonathan

Afternoon all, I'll get straight to the point... one of the payday 'giants' has been unfairly processing my data for the last 3 years now and are unwilling to change their position. Hence, I am considering taking them to court. Here's what happened: - Payday loan taken out in 2013 - Couldn't afford it (like most), half of the sum due was taken out of my bank account, leaving the other half due - Been down the irresponsible lending and unaffordable complaint routes, both failed with FOS - The lender has never bothered to default the account, it is still in limbo today - Having checked my credit file, the lender has reported the account 'late payment' for the last 3 years I have contacted the ICO for some clarification regarding credit reporting, and I was advised that the 'late payment' marker should only be used for a maximum of 6 months, after which time the lender should either default or discharge the account. Keeping the account open in this current status is unfairly prolonging the length of time the entry will stay on file. With such accounts, unless defaulted accordingly, they could stay on file indefinitely, much like a credit card or current account. This is clearly a breach of ICO guidelines and the DPA. The lender has claimed their current reporting is an accurate representation of the status of the account and that they are "not required to provide a notice of default for this type of product". I'm not sure why they have said this either. As it stands, instead of this 28 day loan being removed after 6 years, it could stay on there for 9, 12, 15 years possibly.. you get my drift! I'm reluctant to escalate this to the FOS or ICO as from a lot of personal experience, they are extremely inconsistent and unreliable. Therefore, I'd like to go straight to litigation. The thing I'd like advice on, is which legislation(s) to use, i.e. just the DPA or include the CCA and ICO/FCA regulations. Also, as the lender is way past the legal timeframe in which they can default the account, and I'm sure they can't default it retrospectively, is it fair for me to request the account be removed in its entirety? I've seen others also request damages upto £1000, but I'm not sure how they have reached this sum or proved the sum justifies the damage caused. Any advice about the best way to go about this would be great! Thanks

I have looked round for such a Site many times when looking over there for problems similar to we have in the UK.And maybe join such a group to chat to some of our American friends. Never seen it before,or missed it when looking, and the link does not work anyway. A test bed,it says. Now i am sure a wise one ,as i am not tech minded can tell me how long this was going,or perhaps going to happen perhaps. Just copied this to show you how i was baffled,it does not take much to achieve. This is what i am on about. Consumer Action Group - Americans Unite to Reclaim the Right Free help to assert consumer rights. ... Welcome to the Consumer Action Group of America · The Bear Garden · This forum - Questions and Answers. General ... And there was much more,huge in fact. Would sure need one hell of a Site Team . http://testbed.consumeractiongroup.com/archive/index.php

Hi there Just needed some advice re: the above. This was originally an unauthorised overdraft from Abbey that I was paying off bit by bit Abbey forwarded it to 1st Credit. I sent the CCA letter to 1st credit and in response they sent me a statement but not a signed agreement. Sent them the account in dispute letter and was sent the attached response. Just want to know what do I do with this? What does it mean? Let me know ladylovessalsa! 1st Credit response.pdf 1st credit letter 1.pdf

I had an outstanding amount for a Halifax Credit Card after I defaulted when my dad died some years ago and I was also made redundant. I paid this off over 5 years only to then be told that I still owed them over £1000 as this was for fees. I disputed this and it was when I disputed it I found out that I had in fact had PPI on the credit card when I demanded copies of my statements. I went into a branch of the Halifax with copies of everything and was told by a staff member that I shouldn't in her opinion be paying the fees (PPI should have covered everything but I was in a very bad place at the time and didn't realise I actually had PPI). She took it to her manager who agreed. I was advised to put everything in writing and told there was no reason I couldn't stop further payments as I shouldn't owe them. I asked what would happen if I stopped any payments and was told they would probably send demand letters s o I decided instead to drop them to a token £1 just to stop any threatening letters in the meantime that the complaint was being looked into as it was too stressful. While I was there, it was also established that a previous loan I had had and paid off had also had PPI on but they had refused to pay out on it when I was signed off with depression as it turned out I wasn't covered. This forced me to use the credit card to try cover repayments at the time. I was advised to lodge a complaint about that too - which I did as when I took out that loan the lady who sold it to me told me it covered me for illness. The Halifax wrote back and accepted responsibility and refunded me the PPI. However, they didn't accept it for the credit card. They have ignored the fact completely that I did have PPI on it until I defaulted when I was made redundan t and dad died and continued to demand the fees were repaid. Had the PPI been used then the fees wouldn't even have accrued. I then took it to the financial ombudsman and am still waiting on that. Now, it seems the Halifax have sold the debt to Cabot Financial who are now sending me letters threatening legal action and CCJ's if I don't reply in 14 days. When i found out the debt had been passed to Cabot I stopped paying the token amount and haven't had any contact with Cabot. What would you do? I'm seeing posts saying to ignore but at the same time there are posts where it seems Cabot have actually taken people to court. I can't understand why the Halifax wouldn't take into account the fact that it turned out I did have the PPI on the credit card which I had been paying from the beginning. You can clearly see just by looking at my account (I had a current account with them) at the time I defaulted when my dad died that I had no income at all and that I had been in real trouble. I literally sank. Had I been in a better place at the time we could have discovered this and presumably the PPI would have kicked in and none of these charges would exist but I barely even left the house. I would really be grateful for advice. The ombudsman is taking forever and I'm not entirely confident in them anyway as they seem to take an easy way out and not uphold claims from other posts I've read. I presume I also need to let them know about this latter from Cabot too? Thanks

hi i hope you can help me i am new to CAG! to cut a long story short in september 2014 the sales person sold us a conservatory in our home and it was agreed the sizes etc and that the entrance in to the conservatory from the kitchen would be flat. the contract was signed on this basis and also that it would be completed asap as we had a new baby on the way. the company was a complete joke to deal with and we tried to pull out of the contract in the december 2014 because the director spoke to my husband like he was something he walked in and said the conservatory wouldn't start until March 2015. we were threatened with paying 70% of costs so we had to stay with them as we couldn't afford to do this. then the director said they could start end of december (i think this was because my husband told him the contract stated asap and thats what salesperson agreed to). the conservatory has been built but its not flat like requested and it is not straight! we have had wooden flooring laid and it is obvious that the actual conservatory isn't straight. we contacted the company in jan feb mar april and may to say about this and the installation team came out to view conservatory and said that they could fix it easy and told us what they wanted to do after speaking to a third party builder we were told that this would cause issues in the future as the doors would bow. we contacted the company and told them we wanted a different solution and explained why. we put this in writing and said if they don't complete the work in 4 weeks we will go elsewhere as time is of the essence and we had been waiting since september for a conservatory that was meant to be an asap build. we were informed that the flooring would have to be pulled up and it would be at our own cost to get new flooring and have this relaid. the total cost of the conservatory was 9500 and we still owe 1600. we have sent letters of complaint in, we have sent letters saying we need this finishing asap and we have sent letters quoting the supply of goods and services act and they ignored us. from may until september we heard nothing and then we received a letter asking for payment. they were then asking to let the installation team come and see conservatory - we told them we had already done this and explained everything. we did not hear anything back until feb this year when we received more letters requesting payment. we have records of everytime we phoned, every letter we sent and every visit we had but they are claiming not to have received these - so its our word against theirs. we did request a subject access request to see what information they held but its past the 40 days now and still no receipt despite chasing this. we have now been sent to a debt recovery company. we sent the letters to the debt recovery company to explain why we were not paying and they have now sent us a letter saying they have spoken to the company and they are determined 'in the extreme' to recover the debt and will now take us to court. i am really worried now as we have been saving up to get the conservatory fixed by another company as we will have to pay for new wooden flooring etc (which initially cost us 1450 as we got expensive flooring to ensure it lasted with 2 small children in the house). we will not be able to pay a third party company, get new flooring and pay the original company. can anyone offer any advice? we have not yet got court papers but they have threatened court action if payment is not made in full by 3rd may 2016.

Sorry if this is the wrong place, can you please move it for me admin if I am wrong. I suspect my DCA (Lowell) cant provide a CCA. I submitted my defence online already regarding a debt for £800 as I don't remember the debt and nobody can tell me if they have or haven't got a copy of the CCA. My defence is that without a CCA the debt is not enforceable. If my DCA go to a hearing is it essential that I turn up to the court in person or can I send a statement or letter. This is worrying me sick because I don't know what to do. I am unemployed with 3 children and I don't drive. Also I have been sent a letter from Bryan Carter on behalf of Lowell that they would like to proceed and have offered "negotiation and mediation. I rang them today and they suggested a Tomlin order. Forms need to be sent back to Northampton court by 17th December. Feeling out of my depth and don't want to make the wrong decision. Thank you in advance.

Hi I had a Capital One credit card from 2001. Got into financial difficulties in early 2011 and defaulted. All has been quiet since then and I hoped to get it statute barred around October last year I started getting letters from Cabot Financial Ltd claiming to have bought the debt. I ignored them hoping they would go away then got a letter from Restons threatening court action. Again I ignored this but just before Christmas I received court papers, issue date 22-12-15. I went on MCOL and put in to defend the claim to get the extra 14 days. Defence has to be in by 24-01-16. Looking through the other cases on here I assume I need to send a CCA request to Cabot and a SAR to Capital One? Please can you verify this. Thanks michonne

I have an old debt which was with Capital One for the sum of £1216 , after not hearing anything for many years i have a pre legal letter turn up in january 2016 from shoosmiths solicitors acting on behalf of CABOT FINANCIAL i probably foolishly ignore it and in the bin it goes. 04/02/16 court papers issued against me for the above sum + costs 08/02/16 i file a defence on MCOL as i believed truelly at the time the account to be statue barred and at no time acknowledged the debt or made payment. 08/02/16 sent a letter to both Cabot and Shoosmiths stating i believe statute barred and requesting relevant paper work to be sent to me both sent recorded. 25/02/16 letter received from Cabot saying that they couldnt give a satisfactory response to my letter at this time. 05/0416 - Cabot conclusion letter - account purchased sept 2015 , information given account taken out aug 2008 and defaulted july 2010 with last payment made 28/03/2010 they have requested from Capital One a copy of the credit card agreement and a full statement of account and pending the provision of this documentation to you court proceeding issued will remain on hold but were issued within the relevent limitation period and therefore the account is not statute barred. any advice on what will happen next, or the best way to deal with this as its constantly on my mind as i dont know what is or what i can do thanks in advance johnny

Not to be confused with another case I have ongoing at the moment. Been trawling my Credit Reports regularly for some time now (only because they are 'free') and the only outstanding issue showing on them is an older Natwest account that Defaulted in late 2010. The default came about as I bailed out of the account with an O/D of about £2200 and the monthly charges were something like £28 + Interest. This was taking a significant chunk of my monthly earnings at the time and the Unfair Charges thing was ongoing. Now, the account is still shown as being with Natwest and I was expecting it to go Statute Barred before the end of 2016. However, as a result of fighting Cabot/Restons/Black Horse on a Statute Barred case I have been paying some more attention to the details. What I have seen is that at some time on 2013 the outstanding balance of the account went down by £39. I know I didnt make a payment to them or anybody else and not did I authorise anybody to do so on my behalf so where has this come from and what does it mean? Could this be an internal adjustment/refund/correction or would this be the value of the account that they sold? I 1/2 expect that they sold the debt for £39 (1.5%). Question is though, do I SAR them for a full copy of their records on me now or not? They dont know my most recent address which is important because the other case I am fighting has an element of 'address discrepancy' in it but as I dont recall receiving much on the account once it defaulted I dont really know how this one is being played yet. Chances are it is with a DCA already but they havent adjusted the account details with the CRAs yet so I have no idea if anybody is actively searching for me or not. I know Hillesden and Cabot have been nosing in my files but thats related to my other claim. If they have this account as well though then they do know where I am. What really bothers me though is that reduction of £39 and is this another 'Phantom Payment' or not? I guess a SAR should show that but does it then wake NatWest up to take another look at this account bearing in mind it is close to going Statute Barred (subject to where this £39 came from). As Cabot/Restons have already got one CCJ against me by using knowingly incorrect address details I would like a chance to try and kill that path off from them. Mind you, I dont see too many Cabot/Reston cases coming from NatWest so do their debts go elsewhere?

Hi I have received a 'Letter Before Action' for a parking charge where i didn't get a ticket. This happened almost 12 months ago in a new car park at the Huddersfield Infirmary. There are no barriers and the ticket machine isn't simple to find. My biggest issue with this is that this 'Letter Before Action' is the first letter i have received about this and they are asking me for £140!! Can they do this? I thought the fines for these types of things are about £30? Also, the offence was almost 12 months ago, aren't they supposed to send something to me much sooner than now? Thanks in advance

Hello I bought 20 toys from someone on ebay. We arranged a sale outside of the auction site as I only wanted 20, rather than the 50 the seller was selling (as a bulk lot). They cost about £100. When they arrived, one toy was completely different to that of the agreed list. I notified the seller straight away and they said they would look at their stock and get back to me. They never did, I started a PayPal claim for £5. The seller then emailed me asking why £5, I said this was the price paid, divided by the amount of goods bought. The seller did no respond. Upon waiting for PayPal's time scale, I escalated it to a dispute for the full amount (£100). The seller did not respond, despite regular emails from PayPal to do so. After the time limit, PayPal awarded me the full amount refund. The seller has since contacted me and asked for me to "please pay for toys" I have not responded. Within days, they had begun finding me on Facebook, contacting me through ebay, and now finally they have written to me (recorded delivery). The seller has no interest in sorting it out in the beginning, which is why I applied for a full refund. i am still in possession of the toys sent. I originally said I was happy with the other toys (as I still am) and happy to receive a partial refund (of £5), why am I not re-paying? The seller had every opportunity to respond and help resolve the situation but didn't It is only since PayPal refunded that they are now fully into action. The details of the letter are: Stating they will be taking me to a small claims court (already threatened this by email/ebay messaging). Interesting that the CAB website states the usual (and reasonable) amount of time for this is a calendar month. The seller has given me 7 days from the date of the letter, so 6 days after I received it - not exactly "reasonable". Charging me postage for the letter they've written. £1 per day of interest, starting the day I received the full amount back. Charging me for any legal advice they may need to seek. Charging me for the cost of sending this to a small claims court. The seller states I proceeded "without notification" to make a claim for the full refund, when this is not true. The initial PayPal claim was for £5, but as this was ignored, I escalated it to the full amount. From what I can see, PayPal emailled the seller on numerous occasions. The timeline from PayPal is below: 26 Feb 2016 - Buyer: Dispute opened 26 Feb 2016 - PayPal: Email sent to buyer 26 Feb 2016 - PayPal: Email sent to seller 1 Mar 2016 - Buyer: Dispute opened 1 Mar 2016 - Buyer: Dispute escalated to claim 1 Mar 2016 - PayPal: Email sent to buyer 1 Mar 2016 - PayPal: Email sent to seller 8 Mar 2016 - PayPal: Email sent to seller 12 Mar 2016 - PayPal: Email sent to buyer 12 Mar 2016 - PayPal: Email sent to seller I have italiced the dates in which PayPal contacted the seller. What are my options now? I plan to respond, by letter (although I may email the letter instead) asking a number of questions as to why the seller did not bother to mediate when they had the chance - and even now, they have not asked me to repay the £95 - just going all out and telling me this and that. Sorry, I know it has been a long post.

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Got a PCN from Derby CC in 2013. Moved and was unaware they had not accepted my appeal nor given me any official notification that they had so bailiff left me handwritten note in June 2014 saying what was owed and his mobile number, NOT a Notice of Enforcement. According to CAB website bailiff MUST send the notice 7 days before any action can be taken. Due to my sate of mind at the time I just paid it to get the matter off my back. Was the bailiff at fault for not sending the notice? What action can I take against the council? The council never officially told me they would not accept my appeal and they also did NOT formally advise me of the right to an independent appeal which I believe is the law. Many thanks.

Before you start planning to retire, this is in the U.S. but as class actions can now be done in the UK, it's good info to keep in the back of your mind.

http://www.scotcourts.gov.uk/taking-action/small-claims There are some significant differences between England/Wales - Scotland the link above will advise on how to take action in Scotland (Small Claims)

Sorry I didn't do this yesterday, I assumed others would have remembered, then again, how many of the old guard are left? Well, as one of the olden golden 'uns, I want to wish to CAG a very happy, well done 10th birthday wish! Yes, dear readers, 10 years ago (and one day!), a very small with a small band of misfits and reprobates decided to take on the might of the banking industry, and it was called the Bank Action Group. A couple of months later, the idea came about that maybe, we could do more than just tackle the banks and that there were so many more injustices where the might of the people could challenge the status quo whereby the customer always ended up being wrong... and so the name was changed to Consumer Action Group. Well, 10 years on, here we are, still going, despite numerous efforts to bring the site down in many different ways. Even though I am no longer active on the boards, I will forever be very proud to have been part of the fight, to have helped taking the banks and other industries to task, and so, I hope you will all join me to wish CAG a very happy 10th birthday, and here's to the next 10!

Hi Guys, First post. I was silly enough to help so called "friends" out last year and found myself being owed a good sum of money. It was £1200 in total. They, or rather, she, the wife, did make two payments of £50 into my bank account but thats all I have ever received. I have a print out of a Facebook conversation where she agrees to the 'loan' and its amount and states how and when she would pay me back. I also have a text message string confirming all the details and copies of bank statements showing transfers from my account to theirs. I have never phoned them and always gone for a written form of communication to ensure I have a record. Just before christmas I sent a letter, recorded delivery, to their home detailing all the fact with dates and amounts and stated if they failed to resume payment or make payment in full I would take the matter further. She only text to say she would pay me and she would ignore any letter from the courts. I received no payment. I filed the MCOL and judgement has been passed in my favour by default as neither of them responded to me or the court. I have progressed it online to ask for payment in full by the end of Feb 2016 though I doubt I will get a penny. My question is what would be my best course of action once this deadline passes? I see on the MCOL website I have several options, all of which involve a fee which I am happy to pay if it gives me a reasonable chance of getting some if not all of my money back. She works, part time I believe, and I know where and who for, he works for Royal mail full time as a post man so an attachment of earnings may work. They I am sceptical as I bet they come up with some rubbish showing they have no surplus after bills, which is total rubbish as they are out all the time drinking! I had thought about bailiffs but wondered how effective they are, apart from what you see on TV. Any advice or stories from people who have been through the same would be gratefully received. Thanks Matt

Hi all, I have been trawling this site for a while hoping to find an answer to my issue, but nothing with the exact specifics and was looking for some advice. Over 6 years ago now, I was forced to leave my job (long story that is out of the scope of this query!), meaning I was no longer able to afford the lifestyle that I had bought into. Hence, credits cards, loan and car were the victims, and I unfortunately defaulted on all (5 debts in total, to the tune of approx. £20k). The job market being the way it was, I found no further work, and decided to try and enhance my future by returning to education. I informed all creditors that my income had vastly reduced to that of a student, and hence came to the agreement that I could make token payments of £1 to each individual one, and that was that. Since, I have not even attempted to apply for a single bit of credit, and lived with a basic bank account, which has served me well - one thing I have certainly learnt how to do is not to live up to the limit of my means!! since the defaults, I have moved house twice, and have lost track of the debt collection agencies that were involved (I believe the debts were sold on), although I have maintained the token payments as they were simply standing orders set to go out automatically. Hence, I have no idea of any communication that may have been made. This week, I checked my Equifax and Experian history out of interest to see if the old defaults had fallen off, and all looks good, the last two due to go by March. However, I have come to realise that despite this, the creditors may still decide to take enforcement action against me at any point, which is rather disconcerting; I have just begun my PhD, which is due to last for another 4 years, hence a total of 10ish years on a poor income!!! Of course, I have the full intention of settling this money when I finally graduate and get employment (prospects look quite good for future salaries in my field), so don't want/need advice on how to dodge, however, what I want is to break the hold of them being able to take action against me on their terms, as this hanging over my head is a bit worrying. What advice would you give? I have thought of two things, but not sure of there true implications: Cancel the token payments and hope that enough time passes for the limitations act to apply and then repay when I can? Or, make contact and offer lower full and final settlements (family may be able to help with lump sums)? Any other thoughts? Regards AM

Hi, I'm posting for SWIM but I hope you can offer advice. My friend's been on JSA for nearly 12 months, but the truth of it is she doesn't really want a job. She's in one of those benefit trap positions where she lives in London and gets so much housing benefit that if she were to work then she'd have to move out of her flat, because work wouldn't pay. Yep, crazy I know, but that's the reality. However, now she's coming up to a year of signing on, her adviser has referred her to Work Program and is also threatening some sort of Community Payback gig where she'll have to remove graffiti like some sort of common criminal, or volunteer for some immigrant charity which she disagrees with out of principle. So, she was told that if she went to the doctor and said she felt A&D (which apparently is the buzzword for anxious and depressed) then the GP would give her a sick note she could take to her adviser and claim ESA instead which would get her out of any of the nastiness which is being threatened. Is it really that simple? Just because apparently everyone's doing it, I'm not sure it's right. What about the people who are really depressed?

I have been issued a County Court Business Centre Claim form (Northampton unit) from Hoist at a St Helier, Jersey address. It is dated 7 Jan 15 and concerns £7043 (against an old credit card?) plus a further 3379.60 interest . The claim say that that amount due is from 6 Jan 2010 and I certainly haven't been in contact with them in the meantime. Does this mean that it actually covered by the statute limitation of 6 years (out by a day?) and they trying it on? Can I request cancellation under the limitation and also as I am uncertain as to the actual debt itself can I request proof of the original agreement and signature? And also proof that I have contacted or paid anything in the elapsed 6 years? I unfortunately only have till 21 Jan to reply to the court so any help appreciated. Thanks

Hi Everyone, this is my first post and I hope I can get some help to step out of this quagmire of negative discriminatory and unfair practices that I am subject to at the hands of the nefarious Nationwide Bank. My issues began in 2014, when I had just over eighty-thousand-pounds+ (80.000.00 +) taken out of my account. It was an unauthorised transaction. I was abroad, I'd used my card three times with the same vendor to buy some tickets to watch some football matches.Three different games. The vendor said, he'd give us some tickets the next day, and other tickets would follow a few days later as the games had not yet began. The following morning, I notice that a large amount had gone from my account, I rang the bank immediately on noticing the unauthorised withdrawal, Nationwide visa disputes team assured me they'd return the monies. About 14 days later Nationwide returned just under fourteen-thousand-pounds (14.000.00). they said, they were dealing with the other transaction of the larger amount and it could take unto 40 days, yet to this day two years later I Nationwide bank has not returned the sixty-seven-plus thousand. They returned the first monies as a cash-back, and said the other transaction, all with the same company could not be returned as a cash-back . I complained to them about this and asked why it had taken them 7 months to decide against their first decision. They gave various reasons for this at different times throughout the first year. I called and wrote to the Financial Ombudsman(FOS) who, lo and behold, after a year found in favour of Nationwide . The FOS and Nationwide said, I'd called the bank while abroad and told them to release this money. I did not, I asked them to prove this by citing the Freedom Of Information Act, (FOI) neither the bank nor FOS came up with any prove, i.e. -voice recording- saying anything of the sort. after a year disputing this situation the bank and FOS, a n FOS employee who is part of the Ombudsman's team said, I should resend in my complaint as an unauthorised transaction and not as a cash-back complaint . again I duly went through the complaint process with the bank who then asked me, why did I ask for a cash-back in the first instance, I replied that it was Nationwide's visa dispute team who advise me that this was a cash-back situation, but now wiser I know that this £60K+ comes under the regulations for an unauthorised transaction. Thereafter Nationwide CEO's executive assistant replied and stated in writing via email, that Nationwide would not open this as a fresh claim and would NOT read any more correspondence from myself nor discuss this matter any further. I discussed this with the Financial Conduct Authority (FCA) who informed me that I was being treated unfairly and that the bank was in breach on around 5 of their regulations. I returned to the bank with this information and they just reiterated what they previously said, that, they would not discuss my account with me any further. again returned to FOS, with this new complaint and brought in the issues about unfair practices as per FCA regulations. The people I spoke with including an ombudsman at first didn't know and could not tell me the difference between a cash-back (which comes under the Consumer Credit Act 1974) and an unauthorised transaction (which is covered in the FCA handbook as BCOBS 5.1.11). I asked this particular ombudsperson to look it up then come back to me so we can have a proper discussion. She called me back four days later, admitting there where differences between a cash-back and an unauthorised transaction. I have this in writing too. This woman ombudsman said, in the first now closed complaint, the ombudsman had thought about the unauthorised transaction aspect of this case, - though he did not refer to it in anyway in his final decision letter - I asked her, is this some Orwellian double-speak, how can he say he thought about a transaction that comes under different rules and regulations, yet makes no mention of it in his final decision letter? I said again, this is a new complaint . When the ombudsperson kept on referring to the old cash-back complaint. I pointed out to this ombudsperson, that it is written on the final decision letter, that FOS will no longer discuss this case again with me as I now have received the final decision letter. Yet again this ombudsperson referred back to that closed case -see how they change the goal posts when it suits them- and said, I'd called the bank, which I did not, I asked them to show me the prove or get the bank to show the prove that this fact is so . I stated if this alleged conversation was a true fact this situation would not be into year 2 of it's investigation. FOS, did not show me proof of this conversation I allegedly had with Nationwide bank and even though they had advised me to return with this new complaint, they decided that the first decision on the cash-back was enough and the rules applied were the same for a cash-back as for an unauthorised transaction. The FCA said this is not so.... Note, neither the bank nor FOS addressed the complaint(s) I had written to them about where they ARE in breach the FCA rules. With all this ongoing stressful situation the bank decided to play nasty with me. now, next they offered me a credit card, so I filled in the application, passed the criteria, they sent the pin and card, Then they called me and asked me to go to the bank with ID to verify myself. I went in gave them my bank card told the branch staff member why I was there I had on me my UK passport and utility bills, the staff member said they had to call head office, I waited and waited after sitting in the bank for an hour, note: they didn't ask to look at my ID or anything else, they said, the card was revoked. They gave no explanation for this even though i called the next day, they said they would not discuss this. three weeks later, I called and wrote to them asking them to explain why? Nationwide then said, there was no problem with the card, just come into branch again to verify myself with a picture ID and utility bills, I did this again, and again after sitting in the bank for an hour they said, the card was blocked because I'd ask for a loan in 2007. I did not do this and at that time, I was working for a government in another country which is easily proved. , after leaving the bank, I called and asked what is this problem? Nationwide said just reapply and everything should go through okay. I tried to reapply numerous times - called the bank in between times to make sure everything was okay on their end, Nationwide gave an affirmative answer - yet, always after completing the application the bank say's I have a card already. I haven't a card as the card they issued they blocked it with no valid explanation to why. I called again last week Now, they are again refusing to discuss my account and again asked me to go to branch. This time I told them, I know you are acting in a very malicious and nefarious manner and I will not go for a third time to the branch as this is just a nasty game Nationwide are playing. I have written to the CEO about both these matters and I received an email from the CEO's executive assistant who stated that, on answering my complaint about 1 of the regulations of the FCA, saying Nationwide do not think they are being unfair, that they will NOT discuss my account with me and any other letters I write will be left unopened . Remember, I wrote to Nationwide and FOS about them breaching 6 of the FCA's regulations. How's that for dystopia bank style. I really need some advice, and I really need some people who have know they have been unfairly treated by Nationwide bank to join me in a Class Action against them or if there is a class action happening, let me know how to join. My apologies that this is such a long post, but this is a summary of a two year plus, ongoing battle with this unfair uncaring not on anyones side Nationwide bank. , please if anyone has any ideas of how I can get my monies returned and how to deal with Nationwide, a bank that has shown me how vindictive, discriminatory and unhelpful they can be, I would be really grateful for workable advice.

READ MORE HERE: http://www.theguardian.com/uk-news/2016/jan/22/david-cameron-calls-for-action-on-spurious-claims-against-iraq-veterans

Hello, Summary: Recently found out I have a CCJ against me, which was made on the 07 April 2010 after signing up for a popular credit report/expert website and have done some research before deciding what action to take. What I know: The CCJ on 07/04/2010 will be removed from all registries after 6 years, which is only a few months away at this point The amount is for £194 If I pay the CCJ it will be classed as "Satisfied" If I do not pay the CCJ, it may come back to bite me in the proverbial ass in the future What I need to know: If I pay the CCJ, will it still be removed in a few months, or will it start a new countdown of 6 years since the date the CCJ became "Satisfied" What do I need to do (helpful if listed in steps) to resolve this matter without it blowing up in my face? Thank you very much in advance for any assistance provided!

It took over 3 months for the DVLA to take action over a car that I reported to them as having no car tax. They actively encourage you to report a non taxed vehicle and when you do they do virtually nothing about it! When I complained about their inaction I just got a letter back stating there were things being done 'behind the scenes' and it was NOT an 'on demand service'. In the meantime the untaxed vehicle ( and therefore uninsured) was a menace to other road users. N.B. The Police are also powerless to act.