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    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Vanquis Bank


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Hi all need a little help

Sent a CCA request to Vanquis Bank on 2nd August 2007.

They replied with a copy of my application form also returning my £1.00 postal order.

I wrote back explaining I required a copy of my credit agreement not a copy of an applicatio form I also included a telephone harassment letter they were calling up to 18 times a day and the postal order that they returned.

they wrote back saying they would look into my request it could take up to 28 days blah blah blah.

I recieved another letter about 5 weeks later with another copy of my application form and a photocopy of Vanquis terms and conditions.

I wrote back to them saying I would not be making any more payments untill they provide me with the information I requsted on the 2nd August.

On the 8th October I recieved a letter from Impact Collection Services (Vanquis Banks in house DCA) chasing me over this account.

Iwrote back to them explaining the situation with Vanquis Bank.

Yesterday I recieved a letter from Vanquis I dont have a ascanner so I will have to type it.

 

Dear nbl666

Account Number xxxxxxxxxxxxxxxx

 

I write with regard to your earlier correspondence and in particular your letter of the 14th September (recieved 24th September) and your further undated letter addressed to Impact Collection Services recieved on 18th October 2007.

I note that a copy of the application form element of the credit agreement and the terms and conditions referred to it have been sent to you.In anticipation of a point that you may raise,you may regard this as insufficent to meet the obligation under section 78 of the Consumer Credit Act 1974 to produce a copy of the executed credit agreement .Referance to a copy is not to be read as a referance to a photocopy of a signed document.Regulation 3(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (1983 S.I. No 1553) requires a copy of an executed agreement may be "a true copy thereof".Regulation 3(2) then sets out the matters that may be omitted from such copy,including "any signature box,signature or date of signature".I am sure you are aware,if the words of the regulations are to be given any meaning what we are required not to produce is a photocopy of the signed agreement.

 

It would be helpful to further discussions between us to point out that in the House of Lords case of Wilson and others-v- Secretary of State for Trade and Industry [2003 UKHL 40], a case dealing with the relationship between the provisions of the 1974 Act on enforceability of credit agreements and the Human Rights Act 1998 Lord Nicholls in his speech commented (at para. 31 )"these restrictions on enforceability of a regulated agreement...do not deprive a regulated agreement of all legal effect.They do not render a regulated agreement void."

Incidentally,since April 2007 the previous bar on the enforceabillity of improperly executed credit agreements imposed by sections 127(3)-(5) of the 1974 Act no longer applies,it is now a matter for the discretion of the Court (Consumer Credit Act 2006 section 15; The Consumer Credit Act 2006 (Commencment No 2 and Transitional Provisions and Savings) Order 2007 (2007 S.I. No. 123)).

It is open to us to seek to recover the sums owing to us on your account by any means short of court proceedings.You are quite right that should we commence prceedings against you we would have to produce at trial the original of the executed credit agreement.However,as we have not commenced proceedings against you,this point has yet to arise.

 

I take the comments made in your referance to the Data Protection Act 1998 as a demand that we cease lodging account data with a credit reference agency at this time on the basis that (1) the account is in dispute and (2) we do not have your permission to do this.

 

As you will be aware,the Data Protection Act 1998 sets out a number of conditions for the lawful processing of your personnel data.your consent is only one of the possible conditions for lawful processing.Among the others are that the processing is necessary for the performance of a contract to which you are a party (i.e, the provision of credit and its repayment) and that the processing is nesessery for the purpose of legitimate interests pursued by us or by the Credit Referance Agency to whom we disclose those data.Further as we understand it,thre information commisioners view is that the usual basis of processing of transactional data in commercial relationships is not consent but performance of contract.

I would also comment that it is not the information commissioners position,as we understand it,that the existence of a dispute prohibits the lodging of of default information on an account.

 

For the ske of completeness I would comment upon your assertion that "upon reciept [by us] of the original request the account entered into disputed status".It is not our understanding that the making of a request under section 78 of the Consumer Credit Act of itself renders an account disputed.However if you can point to any staututory provision or legal precedant to the contrary,I would be happy to take it into consideration.

 

Given that your basis on which you claim to be withholding payments on your account is our claimed failiure to respond to your request made by ref to section 78 of the Consumer Credit Act 1974 by your letter dated 2nd August 2007 and that we believe we have met that obligation.I am notifying you that we will now resume our pursuit of the debt,which may include such actions as passing your account to an external debt collection agency.Please contact our cllections dept on 08702407150 to discuss the resumption of payments on your account

 

Yours Sincerely

 

Robin Kirby

Customer Services Action Team

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Incidentally,since April 2007 the previous bar on the enforceabillity of improperly executed credit agreements imposed by sections 127(3)-(5) of the 1974 Act no longer applies,it is now a matter for the discretion of the Court (Consumer Credit Act 2006 section 15; The Consumer Credit Act 2006 (Commencment No 2 and Transitional Provisions and Savings) Order 2007 (2007 S.I. No. 123))

 

when did you take out the agreement? the above text is correct but only for agreements AFTER april 2007 not before so they would have to produce the original agreement

 

if you can scan a copy of what they sent you purporting to be the agreement we can have a look and see if it contains the required terms to make it enforcable

 

 

regards

 

paul

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If it was made before april 2007, their letter is misleading and warrants a complaint to trading standards:) and a formal complaint.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Invalid CCA as it was before the April 2007 date.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Invalid CCA as it was before the April 2007 date.

 

it MAY be invalid, but let's not make any hasty decisions before being able to see it:p :D

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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yes but he has said he does not have a scanner so would not be able to post it up.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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He said he'd try to get one this week.

 

Local libraries often have one, btw.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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yes but some libarys dont accept sites like this. I no my local one does not as it is classed as a chat site for sum strange reason.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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ok what about the new comps as they are not installing floppy discs and some of the old comps dont have cd drives. My new comp does not have a floppy disc and my old comp does not have a cd drive how would that be solved.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I've just gone through the same with Vanquis Bank only they passed mine to Moorcroft whilst in dispute. Vanquis have refunded £150 to the account and have frozen the interest. There is an official complaint in with both companies regarding this matter at the moment. Their legal counsel is Stephen Weeks, 23 Arthur Street, London,EC4R 9AR. Would write to him.

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