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    • We initially raised a complaint with the finance company who told us that as its over 6 months the consumer rights act won’t apply and we would need to provide evidence of the problem being there at purchase. As we have only just got the report from Mercedes we haven’t been able to submit this within their 14 day timeframe. Is this not the case then? Thanks
    • The previously little-known Chinese-American businessman’s fortune was transformed by the British taxpayer through 11 government contracts worth approximately £4.3bn for lateral flow tests (LFTs) made in China and sold by Innova. Charles Huang says contracts generated $2bn (£1.6Bn) profit   The government fast-tracked the company after its British representatives sent a direct email to Dominic Cummings, the chief adviser to the then prime minister, Boris Johnson, in July 2020. And, a Guardian investigation has found, the fast-tracking of Innova was supported by the then chancellor Rishi Sunak’s team at the Treasury. Innova became for a period of at least four critical months the only company authorised to supply rapid Covid tests in the UK, despite scores of others developing similar kits. At the time, the government spending watchdog raised concerns   Boss of US firm given £4bn in UK Covid contracts accused of squandering millions on jets and properties | Coronavirus | The Guardian WWW.THEGUARDIAN.COM Exclusive: Rishi Sunak’s team helped fast-track deal with firm founded by Charles Huang, who says contracts generated $2bn profit  
    • Welcome to the forum What makes you think that ?   Andy
    • We purchased our Mercedes in September 2023 from Doves in Horsham for £21000, paying half cash and half on finance. We also purchased warranty for life via Ramp as recommended by Doves. On 12th May 2024 the car failed to recognise the key and wouldn’t not open, the AA could not identify the problem so via our warranty the car was taken to Mercedes in Croydon. After 3 weeks the problem was finally identified as water ingress in the drivers side footwell which has corroded and blown various components. After further investigation it was discovered the windscreen was date stamped 2019 (all the windows are 2018 - therefore not the factory fitted windscreen) The leak has developed due to incorrect sealant being used assuming when this was replaced and also water leaking from the seam. The warranty company do not cover water ingress so we are now faced with a bill of £3635. As we are now at 8 months since purchase (problem started at just over 7 months) we are not covered by the consumer rights acts. Would we be covered Sale of Goods Act? We have all the reports for the works being completed but unsure if this should be taken to the finance company or Doves who we purchased the car from. Do we pay for the works and then try and claim it back or should they be paying? Any help would be much appreciated
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Just Recieved A Signed Capital One Agreement


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Hi sunflower & other crap1 fans

 

just had to tell you all about my letter from Red this morning I quote, "after reviiewing the account Cap1 is prepared to take a commercial view and as a guesture of goodwill are prepared to discontinue this matter".

 

Balance outstanding on the letter 0.00

:D

not to be cynical but I do wonder how long it will be before I hear from someone else but at least I have this nice letter to send anyone who tries again.

Hi Flintstone!

That is brilliant news and as DD says brings hope to us all! Your Crap One CCA looks very similar to mine in its layout!:DGood on you!If anyone chases you for that debt and tries to take legal action it will be as you say a nice letter to show !

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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You have got the law right I think - I am not a qualifired lawyer.

 

I think it important to realise that the 1983 regs gives considerable latitudefor true copy that has to be sent in response to your CCA request for the agreement and all 'true' copies have to be taken very much with a pinch of salt.

 

However under the CPR rules you are entitled to a copy of the actual agreement and the actual agreement must be shown in court.

 

Whilst copies of microfiche copies may be allowed in answer to your request for a copy their stuatus in court is insecure.

If law applied correctly they have to produce original at court under CPR rules paragraph 7.3 of practice direction 16!which you could put up as a defence according to steves very helpful CCA thread!if they try and fob court off with a microfilch i beleive! Steves post have been very helpful to me in teaching about CCA legal issues!:)

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Sunflower,

 

If you get the voicemail, do call the switchboard back, and ask if they have actually seen her that day? :)

 

Can you believe it? I got a "reply" from Debitas this morning to my two pages on Sections, Regs, etc., with absolutely no answers to anything I have said at all, just "We need to speak to you urgently....... by not responding..... taking further action against you." I did respond, you t****r, what did you think my letter was about? Oh well, more stuff to send the FOS.

 

Oh, forgot to mention yesterday that of course my "Ellie" said I had asked for a copy of the default notice. I hadn't. More proof that no-one at capone actually reads a letter.

 

Honestly, you couldn't make it.

 

DD

Hi DD

i will !:Di tried to give your scales a click for your telephoneing Ellie idea! As i think it great idea and a bit of a change from a trip to the post office!:DBut ive given out to much reputation today! i will try to give your scales a click tmmorrow!luv from Sunflower:)xx

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hi desperate Daniella!

I did it! LOL i rang that number! LOL but like you only got her voice mail!I am not very good with answer machines so dont know how clear i came across!probably a bit garbled! LOL! I stated my account number and name and said i was ringing about letter about my cca request and i was not happy with it and had mentioned it in letter that i wanted an appointment to view it!:Dand ! could she contact me about it!I then rang back switchboard and asked when ellie would be available,I got a young lad who said he was only the switchboard operator and was there anyoneother names i wanted to speak too! surprise surprise!

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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I rang and got her voicemail as well!

Good on you! I expect Ellies voice mail getting 0verloaded!:Dshe will be there for several days listening to all our messages!I got the impression the switchboard operator was getting quite used to putting ellie call through to Elllie now!I was probaly the thousanth request as i thinik a lot of us in Crap One fan club want to take DD s suggestion! :D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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:D

 

I think Loo is going to call her too!

 

FOS could be worth a call too. They were very nice, and although the guy didn't say it, I got the impression that capone are one of their "regulars".

 

DD

Hi DD!

i got the impression that Fos would not be very helpful in cca problems.When you complain by phone to FOS what are you required to do? i suppose you will make a copy print of all the responses they sent about CCA? plus the alleged back and front of alleged cca?

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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I have had 3 (at last count) reconstructed 'credit agreements' from Crap One. The first was an 'example of the one you'll get', the next was 'the agreement like the example', the third was a whole new one. Unfortunately, the only one I signed was the original application form.

Last I heard from them was a default notice. Which they 'kindly' offered to do last year if I couldn't increase the monthly payments.

I have repeatedly asked them about 'Verity Billson' - I think it's a made-up name. To me it sounds like a joke name - as in 'verity' = truth, 'billson' = bills? 'True bills'?:p

I don't have time to tackle them now, but as you know I live in Notts. Capital One is just a bus ride away, if anyone wants a picnic there.;)

Another crap one fictional character! LOL to put fear in us Crap one victims!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Great news and well done.

 

You now have a lot lf legal knowledge on this - more than most lawyers and judges. Many posters are in the same position as you with cr*p agreements and banks trying to pull the wool over their eyes. Why not help them even if it is only to refer them to your thread? There is nothing better to encourage the others than to see success.

Hi Pelham!

Hopefully as more and more people getting to know about CAG and thus their rights about the unenforceable CCA issue in these awful credit crunch times and know they can challenge these agreements in court hopefully more and more judges aand courts will eventually get more knowledgeable about these issues!

  • Haha 1

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Just joining the fan club, I've got three Cap One debts (one with Robbers Way)...
Hi Lunar jim!

Welcome to the Cag Crapital One fan club!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Capone show their true colours here:

 

Newbury Today | Loans drove man to take own life

 

'Daughter Susan Harrison said that Capital One wrote just this week to Mr Harrison demanding payment – even though they had already passed on their condolences over his death'

Thanks for link.That was so sad .and shows you how callous these banks arel.if only he had discovered Cag and the sad fact is that this i going to happen to so many more people driven to desperation by hounding from these banks

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Capone/Ellies fan club seems to have gone quiet, are THEY in financial trouble & cant afford their endless (and pointless phone calls)?

Thats exactly what my OH said! :D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hi All

 

CCCS are just a waist of time, there here just for one thing and thats helping the bank not the consumer. Had no help from these people at all when i contacted them.

 

Gaz

Hi Gaz!

i am glad i learnt from this site that they are no help to people when they are in trouble and banks start to bully them .As you say they seem to be more on side of banks and i think it is run by bankers?

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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i cant beleive i had no calls from Crap one! I even got a nice answer phone to screen my calls now so my OH can answer the phone now once the person establishes who they are on the phone if it is someone he wants to speak too!As it was awful situation when me friends , family, his doctor, or jobseeker plus can not get through to him as he was to worried to pick up the phone!Now this has solved the problem,I notice a lot of DCAs just ring and hang up when they get answer machine!i guess they dont like them! and are fed up that they are in a situation now where they know we can screeen calls and not be terroised by our own phone!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Anyone shed some light onto this all you fellow haters of scumbags in the finance sectors.

My wife had peobs with cap 1 last year - went to capquest - they gave her the most unbelievable trouble anyone could imagine - we CCA'd them - we got copy of application form, their letters inferred that if it went to court and she did not disclose her financial affairs a judge could imprison her -when this came through I was all for driving down to their head office and sorting out the person who wrote this - but common sense prevailed and won the day -I compained to FSA and Crapbot said it was back in hands of Cap 1., We got letter through yesterday and Cap 1 wrote the following:

"We hereby give notice of Assignment of the debt due to us from you in respect of the balance of BLAH.

On the 12/02/09 your account was sold to Lowell Portfolio. - now then - in exactly the same post drop Lowell sent a letter( how convenient for them to arrive with the same postie) " I write to inform you that your cap 1 account has been sold to us - we have been appointed as duly authorised agents to recover the outstanding balance BLAH BLAH BLAH.

Now - we could not get a notice of assignment from Capquest or cap 1 for Capquest handling, they got their fingers wrapped of FSA for their conduct previously, so my question is - they knew thy went about it the wrong way the first time - so how does this make things correct in their eyes the second time, and also if a debt has been sold once how can it be sold twice and can anyone tell me what chicken **** are they playing at now, is it legal or are they chancing their arm, after the threats the first time off their preffered collectors I am not in the mood for this ***** or these t****.

Hi ! great you gave capquest grief!I am afraid just because capquest gave up and sent your accountback to crapital one you will find that Crapital one usually makes several attempts to pass on and or sell your account to other low life pondfeeder DCAs in a desperate attempt to get peanuts back for their probably unenforceable debt!So i am afaid the cycle starts over and over again!and you have to write out all the same letters pointing out your rights and going through complaints again and again with different collecters lowells is a different DCA from Capquest.so in the eyes of FOS OFT TS etc etc they are a different crediter.Very annoying i know but it will all be part of the game until crapital one give up and the debt eventually hopefully becomes statue barred unless a person decides to take them to court to get agreement declared unenforceable!

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hi Sunflower

 

Yes i was told by the CCCS who contacted me after she work out my incomings and outgoings too.

 

1, Take out a secured loan, how as the credit card companies defaulted me.

2, Take out a second morgage how can i do that?

 

3, Sell the house and move into something smaller?

 

4, Cut back on what i spend out each month?

 

These are some off the answers i was told by CCCS, also she did say that all credit cards Agreements are enforceable and see's no reason for any company to send out an unenforceable agreement.

 

That's the sort of person i was speaking to on CCCS.

 

Gaz

Hi Gaz

What awful advice,Surely OFT guidlines say a adviser should not recommend someone take out a second mortgage /secured loan on a unsecured loan!and as you say how can you on your income and as you say having a tattered credit rating,They are ridiculous

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hi Thrubolt

If you look at Zazen warriors thread called are Crapital really that stupid you will see how their account gets passed on from DCA to DCA and it is really amusing how they see of each DCA just like their nickname! I think it is a great thread!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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They don't know what day of the week it is so ignore them. I've had my say with them and now I am going to let them play pass the parcel to their hearts content - numpties.

Yes i dont think Crap one know what they are doing LOL Just cant beleive ive stopped getting calls fro them!

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Don't be daft, where would they get one of those?

 

David

Hi David!

Thanks for giving me a much needed laugh this sunday morning! Yes i think they would have difficulty finding one of those! an actual human!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hi Thrubolt,

 

There are a lot of threads on Lowell. Capone just keep playing their stupid game - don't supply an original agreement as they are required to do, and then instruct different DCAs who all have to be seen off with the usual letters, and all the time it takes.

 

Sunflower and everyone else,

 

I thought they had shut up because I threatened to report them for harassment, but clearly they have gone quiet for a lot of us. I do hope they are leaving everyone alone, and not just those of us who are on CAG and fighting back.

 

They are probably reading CAG and realizing they are not going to be getting very far with a considerable number of us.

 

DD

Hi DD

yes they do probably get to realise who out of their many victims are Caggers when they start to get our letter informing them we are fully aware of our rights! I just feel so sorry for the poor people who have not discovered CAG yet but i think the numbers in CAG must be growing especially with how greedy these banks are getting.My MBNA account increased from about 17% something to 23% and 28% or something like that if i can remember rightly when going through my paperwork.and when i trawl through Crap ones ones i am sure i will see increases there as well.Before my major dispute with banks i was not very knowledeable about interest rates and impact of increases but i could see my cards were getting increasingly more difficult to reduce and with rising cost of living increasingly difficult to keep up minimum repayments . To make matters worse these banks just pile on the interest rates.It is sickening.

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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I was reading somewhere that these calls are a machine which is calling just to work out what time of day you actually answer the phone, once this is established a human gives it a go.

 

Regarding Capone I haven't heard from them for quite some time now *shrug*

 

:roll:

Hi ZW

It is great Crap one giving you a bit of peace now! and you can give your printer a rest!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hi beachcomber, yep they did put it in writing and see if you can guess who sent it :grin::grin::grin:

 

CPR Refusal Page 1

CPR Refusal Page 2

Hi PMW

Crap ones usual drivel! They dont seem to have the slightest clue about the law!still it would have been worse if they had come up with one! At least i think you can safely assume they have got a dodgy one as if they had one why dont they comply with your legal request and send it to you or arrange for you to view it so that the matter would be sorted ! sounds like they not got one! Are you going to write back and say that to them!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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I am not sure if my next move to crapital one would be to send another informal letter pointing out defects and asking for an appointment or whether i should send that CPR request letter?

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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i am very tempted to send CPR letter!

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hi Version!

Good on you!The overseas call center are beyond a joke!When i was going through the overseas call centre phase with crapital one one of them threatened to phone me every few minutes when i refused to talk to them!

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hi sunflower, I forgot to add that I got a reply to the letter i sent in post 312 http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172543-just-recieved-signed-capital-16.html#post1953904

 

They completely ignored the question of whether the cca was a cut and shut and stated that they have supplied a cca and they will no longer correspond.

Hi Version!

Well thats crapital one for you!Dosent loook like you will be getting that day out in suny Nottingham to view your agreement then!:DThey seem to always convienently ignore the point of asking to view CCA or asking for confirmation that what they imply is overleaf is actually overleaf dosent look like you will have much luck either if you think about going down CPR31.16 going by theri response to other peoples experiences!They seem strangely reluctant to confirm those pages are in original form and part of same document!They just press button A or B on their letter template machine!

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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