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    • Looking for a bit of assistance. I moved into a rented flat on 20th April 2024. I viewed it on the 14th April. Before I moved into the flat, the letting agency provided me with an offer sheet, in said offer sheet I made a number of requests and conditions related to me progressing with assuming the tenancy. These were: 1. A professional clean of the flat prior to move in date. 2. The hob, shower glass and bathroom cabinet be replaced prior to move in date. These were all planned actions by the landlord when I viewed it. I could see the boxes for the hob and other items in the flat. I prepared to move in on the 20th April but none of the work mentioned in the offer sheet had been completed. The standard of the clean was abysmal - mouldy food left in the fridge, nothing wiped down, bathroom mouldy etc. The hob, shower glass and bathroom cabinet were also not installed. I decided to not officially move into the flat as it was not in a condition as promised, my partner lives relatively close by so I lived with her initially. It was only on the 24th April that the hob, shower glass and bathroom cabinet were installed. The cleaners visited again 2 weeks after move in date (3rd April) and attempted another clean of the flat. Again, it was a poor job. I resorted to cleaning the flat myself. I have numerous pictures of the things I identified during my clean and have sent this all to the letting agency. Because of the issues faced, I asked the letting agency that the rent be reduced for the initial month. Exactly halved - to represent the 2 weeks that I was not living at the property. The landlord and letting agency have responded by saying that they will be willing to accept 1 weeks rent as a deduction but not 2. My question is, am I in a strong position to insist on the 2 weeks rent returned or have I been fortunate that they have even offered a weeks rent as a deduction? I would like to insist on the 2 weeks. I have paid the 2 weeks only as my rent collection date passed 2 days ago. Thank you for any assistance. Any further relevant details required let me know and I will provide.
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    • clarks are just like the rest of 'em. couldn't careless, your advantage here is it's not legally your car, the finance co. should be bought into play . as i think BF eluded too , or has in other threads, if dealer/finance co. dont sort it between themselves FOC to you, another option is to get it fixed then bill both for it, if they refuse, then a court claim is very simple and cheap option to recoup your losses. see where it goes. just musing. dx
    • Thanks for that. Much appreciated. I would have assumed they would have had contacts to do such work as well. I think it's just the general rubbish attitude from Arnold Clark as the amount of times the General Manager of the place was rude or kept referring to "it would have to come out of my margin" to fix issues. Like it was my fault. Oh well - Won't be buying anything from them again.
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No signed agreement with CCA or SAR - but defaulted!


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Guys / Girls, I could do with a bit of advice here.

 

You've maybe seen my other threads re Cap1, but I still haven't seen anything that even vaguely resembles an agreement, not even an application form. Nothing whatsoever with my signature on it.

 

I have been specific with my SAR request and stated clearly that I wanted it. I've then asked them why they haven't included it, and asked them to confirm that I've received absolutely everything they have.

 

Interestingly, this brings up the grey area as to why they've only provided six years statements / info etc and potentiall causes problems with money laundering regs etc- but I'll discuss that another time.

 

Anyway, no response other than another 'final response' from ellie which says nothing, as usual.

 

They defaulted the account (doesn't look like they got that right either) a while back but I'm fairly sure they can't do this without anything bearing my signature.

 

What I don't know is how I best deal with this... any ideas?

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This applies here also;

 

They seem to be playing games with you, IMHO.

 

They have complied with your request for documentation with what they have supplied.

 

The next step is to send them a letter simply saying;

 

"Please confirm that you have, in your possession, a credit agreement that is in all ways fully compliant with the Consumer Credit At 1974, as amended, and the subsequent regulations made there under.

 

For the avoidance of doubt, if you are in possession of such a document, but are unable to supply me with a true copy of it, please outline your reasons why you feel you are unable to supply it to me in your reply.

 

Yours faithfully"

 

If they have it, they have to say they have it. If they don't have it, but say they do, or they don't have it, we'll deal with that when they reply - at which point you'd be well advised to start a new thread of your own. There's some guidance in my signature if you're unsure how.

 

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I initially did a CCA request and received the same as everyone else- current t&c's and the printed letter with the credit limit.

 

I then sent the SAR and received the same, as part of it, despite asking specifically for the agreement.

 

They've been doing their usualy posturing - 'we clearly have an enforceable agreement' etc...

 

Surprisingly though I haven't received any bits of spurious paperwork as some other people have.

 

Thanks again.

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Car, still nothing from them. Is there any point doing anything, or should I just sit tight?

 

Interestingly I got a call from Debitarse this evening- they didn't leave a message though.

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You're going to need to decide what to do, here, I think.

 

If you stick to your deadlines, it's time to apply to the Court for action to force disclosure, but that could result in a counterclaim for the debt if there is an enforceable agreement. Could result in a CCJ, etc, etc.

 

If you aren't prepared to go down that line, I can't see the point in continuing to correspond with them - which seems to be the situation they find themselves in too?

 

As for waiting, how much time is reasonable to respond to that letter is up to you. I have noticed there is no deadline for replying, though, so a follow up giving a deadline might get you a reply from them.

 

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