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    • and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
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BOS said no signature required on CCA


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I am looking for some advice please. I have received an agreement from BOS for my son's credit card after some chasing. I checked it and noticed it was missing a signature from the bank on the application. Plus they had attached an 8 page Credit card Agreement which has completely different Key Financial Information on it. On further investigation it became apparent that this was a new agreement as the apr, charges etc were all different. To cut a long story short I wrote back saying I thought this agreement was unenforceable. The reply was to quote.

 

The bank speaking

1. I have been informed by our legal area that all the actions we have undertaken in relation to your account have been done in accordance with the agreement you signed when the account opened. Whether or not the agreement is signed or stamped on behalf of bank of scotland, you have agreed to the terms of the account. If an agreement is unenforceable it does not mean that the debt is invalid.

 

What should I do now? Any help would be appreciated.

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Scan the agreement and remove all personal details from it i.e. address, account number etc (you can do this with windows paint, or a simular package), or alternatively take a photocopy of it, black out the personal details with a marker, then scan and upload it.

 

The CCA should be signed by both parties, however you do not want to rely on this fact to dispute the debt. When was the agreement signed, and where (in bank, via post etc).

 

Halifax have a habit of producing application forms that they claim to be CCA's, so best let the member on here have a look and tear it to shreds.

:grin:

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Right blonde moment..it has been so long since I have done this! HOW do I upload the document again PLEASE!!!

 

Do a quick search, there is an FAQ here on the site for details on uploading. You can scan & jpg to Flickr if you have an account.

 

My opinion on this one, having just filed against Halifax for 1800 quid, is that BOS are blowing smoke out of their A$#%:)

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OK I have just spent a good hour scanning & photobucketing so hopefully this will work. Thanks for the advice.

 

The agreement is 11 pages long. I will upload the 1st 3 pages as these pages have the most important information on it. The 1st page has key financial information on it BUT the TC's that where attached also have key financial information BUT it was completely different plus the name and address used was spelt wrong. The 2nd page did have my son's signature on it but I have erased it BUT you will see there is no bank signature.

 

Any help would be appreciated.

Edited by greendykes
removed form as it had account number on
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Thi spage doesn't count for much, it's just an application form and would not hold any weigh tin court. It simply shows that a card was applied for, it doens't signify that and agreement was entered into.

 

If your son has signed seperate pages, these will be the signifcant ones, as these may actually form part of the CCA. The group woul dneed to see these.

 

When was the form signed (Date?)

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As for the staples on the top corner. Yes it actually looks like the 2 page application form has been unstapled and then restapled to the 8 page document TC's. It is also interesting that the apr is different on the 2 page application and the 8 page document plus the bank charges had changed from 25.00 to 12.00, me think they have been trying to cover their mistakes. Also my son's name and address was spelt wrong on the 8 page document.

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As for the staples on the top corner. Yes it actually looks like the 2 page application form has been unstapled and then restapled to the 8 page document TC's. It is also interesting that the apr is different on the 2 page application and the 8 page document plus the bank charges had changed from 25.00 to 12.00, me think they have been trying to cover their mistakes. Also my son's name and address was spelt wrong on the 8 page document.

 

The 8 page doc. has just been put together since we took out the cards - mine features my current address not my the address 4 years ago.It just demonstrates what we should have been given.

 

Not sure about your second form as it is more detailed than mine.

 

I'm not experienced enough to say if it has all the prescribed terms or not.

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Thanks for advice ThChancellor. I agree that the 8 page is just an add on, the 2 page document is missing the signature from the bank. What gets me is that they attached the 8 page document with all the different information surely that is just showing that they knew they had to cover their tracks...not very good I may add lol!

 

What do do next is the question?

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Correct me if I'm wrong but doesn't a contract require a signature from both parties otherwise it is not a proper contract ? End of story. If they don't have their signature on surely the "contract" is null and void? It certainly would be if yours wasn't on! So if theirs isn't on....no contract in my humble, honest opinion. Am I missing something?£*!!

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  • 3 weeks later...

Update, received letter from Senior Customer Relations Manager.

 

Quote

 

Whilst I am sorry that you clearly remain unhappy, there is little I can add to what is contained in my letters dated 7th March and 15th Aug. I acknowledge and decline your request for written communication only. We would only consider written communication only when the customer is co-operative and in regular dialogue with us regarding their account. As we have received no payments from you since £1.00 was received on the 4th Oct 2007. I do not accept that you are being co-operative. You correspondecne only relates to your complaint, therefore I cannot agree that you are in regular dialogue regarding your account.

 

My letter dated 7th march represented our final response to your complaint. This letter contained referral rights for the Financial Ombudsman Service and provided a period of 6 months for you to contact them regarding your concerns. Please be aware that any future correspondence regarding the same issues may not receive a reponse.

 

Interesting to say the least

Point 1. the £1.00 payment was actually sent for the CCA

Pont 2. Why would I discuss anything else with them until they sort my complaint out?

Point 3. I have never been told by a bank they don't want to talk to me again!!

 

I am in the process of writing a reponse..any comments would be appreciated.

 

I will try and upload the letter he refers too, tomorrow.

 

Oh I am a 1st time Granny..hence I disappeared for a wee while.

Edited by greendykes
spelling mistakes
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Hi Gran

 

So. If you previously stated that you believed a CCA should have signatures from both parties on and they have failed to comment on this, could it be worth for the record airing your serious and grave concerns about this to them and ask them again to clarify the matter?!!! Perhaps ask them where it says and in what legislation that a signature has to be provided by one party and not the other?!!! Send it recorded so that at some future date if they fail to reply you have their answer (silence) for the record.... And perhaps let them know that if they can't tell you, you will take their advice and report your correspondence to those they have advised you to go to and see what they have to say!!!

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  • 4 weeks later...

hello greendykes

 

how are you hope you are okay,,,how you doing on this had any responce as im now in battle with them

 

are you able to give us an update pls

 

hope its good news for you ciao maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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