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    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 replies
    • 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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if u look at what u have put regarding the deafult on ur credit file in post 21 then that answers ur question.

 

They could have removed the deafult and then defend the claim. They will have to prove when the deafult was removed and u may be able to claim they are trying to push ur expenses up as they removed AFTER the claim was filed with them and after they wrote o u and acknowledge the claim.

 

As noomill says WAIT till u recieve the defence.

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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''Do you now have a perfect Credit Rating again? :grin:''

 

I assume so now yeah! The only data that is present is good data with '0s' everywhere.

 

Trust me it's going to stay that way as well!!

 

 

 

Excellent!!! Well done :D

 

I am so pleased with you .. I can't believe how easy you found, some of the companies really drag their heels and reply with bull5hit!

 

And you didn't have to threaten with legal action either! Stuffy! :lol:

 

 

If you need to remortgage to get a better rate.. or anything big like that, now is the time to do it.. in case they slip the default back on!

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Hi,

 

I asked for my CCA from Lowells, got an application form that didn't comply, wrote to them telling them that and asking for the true CCA.

 

They have never written back. I have the electronic proof of delivery.

 

Can I use the same letter for my situation.

 

Thanks

 

OldRectory

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Another quick update................

 

I contacted my local MP also with this and was advised that I should make Thames Credit aware that I want them to discuss my complaint with her directly.

 

I call them to ask them to make a note of this and am told that the account is closed and has been written off in full !!

 

What are they upto??

 

Still no defence filed yet, but they have plenty of time left to do this.

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Congatulations on your success so far hackers! Done brilliantly to get 8 defaults removed! Would you mind giving me a bit of advice on my situation? I desperate to get a default removed from my File. Its with Lowell. I had an overdraft with barclays and my account was closed down and the overdraft debt passed to lowell while i was out of the country travelling. I have made a couple of payments to lowell for this debt. I don't mind paying it off in full but i want the default removed. I'm not really sure what a CCA is, if i ask lowell to provide this what would they need to send me? Whats an unenforceable agreement? Any advice would be greatly apreciated.

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Hi peter,

Firstly, it would be better to start your own thread. you will get missed otherwise.

 

Now the bad news. Overdrafts are not normally covered by a CCA. CCA's cover loans and credit cards

 

Because you have paid lowells you may have restarted the clock on ststute barred.

 

The only advice I can give is to SAR barclays and reclaim the panalty charges to reduce the debt. You never know, the charges may be more than the overdraft.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Guys

 

My final update!

 

Unfortunately I cannot say anything further other than the issue is resolved to complete satisfaction!!!

 

Sorry I can't be any more specific but I am sure you will all understand why!!

 

FINALLY I WANT TO SAY A MASSIVE, MASSIVE, MASSIVE THANK YOU TO ALL ON HERE WHO HAVE PROVIDED THE HELP AND ASSISTANCE OVER THE PASY YEAR!

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Totally understand (BOO :D) well done for getting this far

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Guys

 

My final update!

 

Unfortunately I cannot say anything further other than the issue is resolved to complete satisfaction!!!

 

Sorry I can't be any more specific but I am sure you will all understand why!!

 

FINALLY I WANT TO SAY A MASSIVE, MASSIVE, MASSIVE THANK YOU TO ALL ON HERE WHO HAVE PROVIDED THE HELP AND ASSISTANCE OVER THE PASY YEAR!

 

 

This is just unreal!!

 

How have you managed all this so easily without threatening Court!?

 

I've got two court cases to do now and probably a third and they just aren't playing ball!!!

 

 

 

Lucky sod :D

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QUICK UPDATE!

 

County Court Claim was served and I received a letter their Solicitor advising that they had filed an 'Acknowledgement Of Service' and that they intend to defend the entire claim.

 

I am a bit confused now though as I have checked my credit report this morning and the account has completely disappeared!!

 

I will keep you posted........

 

Kapital did this with me , removed the account from the CRA's and then a few weeks later sneaked it back on again.

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Hackers 2009.

 

I know u have said the=at u wont update but i just want to know u did ask thames when the file was closed and record the convo didnot u

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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