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    • G CARS RESPONSE TO CLAIRES EMAIL   Hi Claire When you get the bonnet painted on the golf please ask the repairing garage to email us a vat receipt in the name of Gemcars ltd and we will pay another £112.50 contribution towards the repairs directly to the garage.  This can be done on the same day so it will not affect the garage releasing the car to you We can pay this directly to them via card over the phone This will bring the total contribution to £262.50 which equates to ¾ of the total cost Normally we would contribute 50% in a betterment situation but as you obviously feel very strongly about this matter on this occasion we will pay ¾ of your £350 quotation as full and final settlement in this matter Should you feel this is still not acceptable then you can of course bring it to us and we will have the bonnet painted whilst you wait at no cost to yourself  (apart from a few hours of your time)   Sincerely Mark and Gina
    • CLAIRES RESPONSE TO OUR EMAIL   Hi Mark,   I have addressed the fact that I do not bully or blackmail and am mortified you would take it that way!    I will address your comments by paragraph also: My issue is not about how many stone chips anyone would expect, or how many there are on your wife’s car. it is about what you stated in your video which is not up on your website now. You did not mention when you asked the man who cleaned the car prior to delivery, just that you had. Then when I asked you whether they could be rectified by way of individual chips, you said to me I could not as there were hundreds and it would need respraying (and yes, I had assumed this was an estimate not that you had counted them). This to me indicated that you knew the bonnet had more than just the odd stone chip here and there on the front of the bonnet. I stated I felt you had deceived me, because as I stated before I have been told this by professional sprayers who have been in the business a very long time. Yes, you mentioned over the phone that I was the first person to complain in over 50 cars.  Your video was under 17 minutes and appeared as if you were pointing everything out on it including the odd stone chips to the front of the bonnet. Eco a toy what I would expect is how it was shown and described. Yes, I am happy with the car itself apart from this issue. The odd stone chip touched in here and there on the bonnet was what was described and expected. I do my research and Car Gurus checker is one of many market values. Also, from the cars I had checked (and yes, a few were one owner with full service history. One with a few more miles on the clock and another with less). I did not state that stone chips should not be touched in, but that I had been told they were done badly and ineffectively and that they would have been better off left alone (which I took in the context of the conversation to mean being done properly by a professional). You asked me what would make me happy after telling me the cost would be £150 for you or more like £200 here to have the work done you had told me. I had not negotiated any discount off the car at all and had reserved at the price advertised. My ex husband was in the car business and it is anticipated and wholly accepted to negotiate prices on used cars. This can not be compared with a a general store purchase. I purchased a large value item which was not as described. The delivery cost is what was negotiated, nothing else. You reimbursed for a job which I can not get done for anywhere near the price. Yes you are certainly misreading it as I explained in our earlier communication! I am sorry if you took this the wrong way and I should have elaborated that at the time. If you need this clarified, I would be happy to get you character witnesses to confirm to you that I am the opposite sort of person to even consider that type of behaviour. I apologise again that you found my email very rude, it was not meant that way at all. I am just really upset by this whole thing.   Whether your offers are meant to be rude or not, I find some of the comments as such.   As mentioned in our earlier communications, all I want is the car in the condition as advertised. I am still happy for you to collect the car, rectify the issue and deliver back to me or a refund closer to the cost of this. Although I trust the quotes I have, I can keep searching for a cheaper price. The bonnet is not in the condition as advertised (I can count and document tomorrow in daylight if you’d like).    Regards Claire
    • GEM CARS REPLY TO THIS EMAIL   Hi Claire   You are obviously upset which we don’t want So I have a couple of solutions below I must say I’m not grumpy or mardy or angry or upset. I’m not trying to have a go or start an argument but your email did sadden me greatly I always work better with people that talk things over rather than going straight for the jugular Anyway I have addressed the comments in your email matter of fact and I have some solutions below My main priority is your happiness with the car and the outcome, but unfortunately I wont be bullied into paying over the odds for a repair You need to appreciate that to fully paint the bonnet is betterment as such its not fair to expect the full amount especially as I have sent you the full amount that we would pay already. As you have already said neither of us needs to be thinking about your stone chips all weekend so hopefully this email will be the last one   If its ok I will address each paragraph one at a time   1; I didn’t deliberately deceive anyone I clearly state that the bonnet has odd stone chips here and there and odd stone chips on the front edge (I’ve just watched my video to be sure) (those are my exact words) (please feel free to double check I’ve left the video up for you) If I had said no stone chips or one or two stone chips (like I have on other videos)  then I would agree with you but I clearly stated (odd stone chips here and there) Exactly how many stone chips would you feel is acceptable on a 10 year old car with 117000 miles on ? My wife’s brand new golf R with 5000 miles on the clock has 6 already   2; You state that its clear I already knew how bad the bonnet was because I asked our valeter, This is untrue because after you called my wife to complain I then asked the valeter if he noticed the bonnet being particularly bad before I called you back as I couldn’t remember it being that bad, Also you asked if you could get a chips away type company to just come and touch them in, I simply said there are 100s of tiny chips and it would be cheaper to paint the bonnet this was just a generalisation not an exact count of the stone chips (as I said I had to ask the valeter if the bonnet was really that bad as I could not remember) Any more than 20 chips would be too many for a chips away type repair I hardly counted all the stone chips During our conversation this is exactly what I said   3; You accuse me of deceiving you when I stated that it costs us £150 plus vat to have a bonnet painted I have sent you the copy of our pricing structure from our paint shop I told you the truth I have no reason to lie feel free to call them on Monday and check for yourself If you see option 1 below and decide to bring it to us I will happily give you a copy of the bill     4; My 18 Minute video was completely honest and I did not try to deceive anyone with the video We have sold over 300 cars off the back of my videos and you are the first person to complain I would ask you did I state in my video that the car had no stone chips? Did I say one or two stone chips? NO I DIDN’T  I clearly stated odd stone chips here and there which is exactly what it has as you would expect. I would add that when you called to complain I kindly sent you the full cost that we pay to have a full bonnet painted I didn’t argue the case as most car dealers would as we pride ourselves on our levels of customer service I simply asked you what you would be happy with as compensation and you said £150 so I sent you £150 instantly to your bank.   5; You state that the car was priced at the higher end of the market for the year and mileage yet on our Car Gurus checker it showed as £400 behind market value When you checked the prices were the other cars you looked at all one lady owner white 5 door cars with full service history (as this makes a huge difference in price) So NO I disagree our car was very fairly priced and not at the higher end The condition of the car was fantastic for a 10 year old 120000 mile car you have said yourself you are happy with it apart from the stone chips on the bonnet so I’m struggling to understand what you mean by alleged condition? If you don’t touch stone chip in, the metal goes rusty so no I disagree you should always touch stone chips in   6; You accuse me of compensating you dishonestly when I simply asked you what would make you happy and you agreed £150 which I sent you straight away I would also add that you negotiated an additional £100 off the car after you had bought it as I kindly paid half the delivery for you. When you purchase items from other stores how often do you get a discount after you have agreed to buy the item? So you actually have £250 towards the stone chips.   7; No disrespect intended by I have already reimbursed you for what would be my full costs     8; I’m unsure what you mean by “Please do not be concerned with regards to a review, as I will not be leaving one until this matter is fully resolved” To me that sounds like bullying and blackmail but I could be misreading it?   Even though I found your email very rude I still have 3 amicable solutions to offer you   1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet.   2; Accept a full refund for the car and we will collect it next week   3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   Sincerely Mark and Gina  
    • Last question for now   Am I claiming for £47 which was my loss since I sold them on ebay, or am I claiming for the full amount of replacing the lost item, which is around £200 for the eqivalent model new, sadly this white version is only available refurbished from the states for around $160 posted.   I am not after making money but unsure how I proceed here?   In an ideal world my sold item is in my posession but
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Mr&MrsL v Lowell (or is it Red?)


Mr&MrsL
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Hi all

 

On 9th June I sent off a CCA letter, recorded delivery with £1 postal order to Red Debt Collection, for a very old credit card debt (may not quite be 6 years old, not sure)

 

On 16th June I had a letter from Lowell Financial saying they are in receipt of my request blah blah and that they will request a copy from the original lender (a bank)

 

They stated 'while we endeavour to reply within the 12 day period, you will appreciate this is dependany upon receipt of the information from the original creditor' and then 'we will advise you further if it will take longer'

 

A week later I had a letter stating they were still waiting, and offered me a reduced one off payment to clear the debt. I didn't reply.

 

Today I have received another letter;

 

'I can confirm our client has yet to furnish us with your agreement.

 

I can confirm however that XBank are still in the process of blah blah

 

There will be no further correspondence from us until the agreement has been received at which point we will require payment in full.

 

You currently still have the option to pay £xxx.xx as a full and final settlemement in order to bring this matter to a close, after which we reserve the right to proceed to collect the full balance.

 

If you wantto take the offer then please call

 

My question is, should I be sending another letter to them as they have failed to supply the document?

 

Many thanks!

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Don't send them anything, you have made your lawful request, they are obliged to furnish it within the deadlines, not weeks later.

 

They use the CCA as a weapon every day, if they don't fully understand it, then more fool them, let them stew

 

The fact that they are so eager to offer you a reduced settlement so quickly is a good indicator of the likelihood they don't have the CCA

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Hope this helps

 

 

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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only if you want to, however if they are offering reduced terms I would bet that they cant find a valid agreement, so you can either ignore them completley or offer a reduced term for full and final that you are comfortable with. or just report them for failing to make the prescribed time scale and tell them to stop processing your data

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PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thank you so much! What a godsend this site is!

 

I have a couple of similar situtations with Cabot, same timescale and no CCA received, so will leave those for now and spend the day reading more and more of your experiences on here.

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Red tend to try and collect on debts that are suspected to be statute barred...may I ask when the last time was that you made a payment or acknowledged the debt ??

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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  • 4 weeks later...

Morning all, an update!

 

This morning I have had this letter from Lowell;

 

Dear Mr & Mrs L

 

We refer to your recent request for a copy of the original blah blah

 

After liasing with our client in an effort to obtain this document we have been advised that it is no longer available. Under the circumstances, we have closed our files in relation to this account which has now been returned to our client. We can confir that no further contact will be made by us regarding this account.

 

We trust that this clarifies matter for you

 

yours sincerely

 

Andrew Bartle

Chief Operations Officer

 

Can I please ask if I need to do anything else now, is there a letter I need to send to have this removed from my credit file for instance?

 

Any help would be really appreciated!

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