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    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
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ICO reply re CCA


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Below is the reply I have received from ICO re Cap 1 I already have put in a complaint with OFT but just wondered what anyone though of this, it states in the last paragraph they dont have to supply the original agreement only terms and conditions which goes against what I have read on here. Can anyone clarify please

Thank you for your enquiry dated 4 March 2009 regarding the processing of your personal information.

As I understand it, you have made numerous requests to Capital One for a true copy of your credit agreement.

 

The Information Commissioner’s office advises on and enforces the Data Protection Act 1998 (DPA). The DPA has eight principles of ‘good information handling’. These give people specific rights in relation to their personal information and put certain obligations on those organisations that are responsible for processing it.

One of the rights that the DPA gives people is the right of ‘Subject Access’. The right of Subject Access means that an individual can make a request under section 7 of the DPA to any organisation processing their personal data (the Act calls such organisations ‘Data Controllers’), asking to be supplied with copies of that data.

However, I understand from your correspondence that you have requested a copy of your credit agreement under the Consumer Credit Act 1974 (“CCA”) from the above company and you are dissatisfied with their / have not yet received a response. The Information Commissioner’s Office regulates and enforces the Data Protection Act 1998, amongst other legislation, and we have no involvement in regulating this aspect of the CCA. The CCA is regulated by the Office of Fair Trading. As such, the matter you have raised is not within our remit; however you may find the information below useful.

You explained on your form that the above company has not supplied you with a copy of your credit agreement. For your information, sections 77 and 78 of the CCA stipulate that the creditor, within 12 working days after receiving a request in writing from the debtor and payment of the appropriate fee, shall give the debtor a copy of the executed agreement. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (“CNCD Regulations”) specify that every copy of an executed agreement, security instrument or other copy referred to in the CCA and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof. However, it is well established that a “true copy” is not an exact copy.

 

Therefore there is no requirement for the company to send you a copy of the original agreement. They may simply send you a copy of the terms and conditions of the agreement. Further to this, sections 77 and 78 of the CCA do not apply once the agreement has ended; therefore a creditor does not have to supply you with a copy of the agreement if the credit has been repaid

For further information you can contact the Office of Fair Trading on 08457 22 44 99 or at www.oft.gov.uk.

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I fail to see how it does not come under there remit if they have not supplied what was requested under the Data Protection Act 1998

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Therefore there is no requirement for the company to send you a copy of the original agreement. They may simply send you a copy of the terms and conditions of the agreement. Further to this, sections 77 and 78 of the CCA do not apply once the agreement has ended; therefore a creditor does not have to supply you with a copy of the agreement if the credit has been repaid

 

By what they have said above they have ended the agreement.

 

Are they still chasing you for payment?

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I fail to see how it does not come under there remit if they have not supplied what was requested under the Data Protection Act 1998

 

PF

 

I believe the request was made under CCA and hence, does not fall under the jurisdiction of the Information Commissioners Office, PF.

 

Now if Holley had submitted a SAR under the DPA then it would be down to them to investigate any short comings.

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I havent terminated the account and I dont believe they have, I havent heard anything from them for a week which is unheard of! I think I may well apply for a SAR as I havent up till now

Thanks folks

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Been thinking (well worrying) about this have read the posts and they have been helpful but I just wondered if all the letters have been a waste of time seeing as they only need to supply terms and conditions which they have done to me and a lot of other people on this site. I have put in an account in dispute letter and havent paid them for about 4 months they have continued to put on charges and interest. So legally what happens now?

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Holley...have you previously received a default notcie from them? If so, then post it up with you personal details blanked out.

 

They have to issue a DN before they can terminate.

 

Won't confuse you with anymore info until you reply!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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It looks as if the OFT have got the wrong end of the stick by thinking the agreement has ended, i.e the account has been paid. If that was the case then the creditor does not have to provide a CCA.

 

Whilst a creditor or DCA is still chasing a debt they have to comply with a CCA request, if they refuse send the 'in dispute' letter #11 The Consumer Forums - Debt collectors

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I have not had a Default notice, nor have I had a letter stating the account is terminated I have just had letters stating the full amount due and the overdue amount.

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I fail to see how it does not come under there remit if they have not supplied what was requested under the Data Protection Act 1998

 

PF

 

 

The original poster didn't apply under the DPA but under the CCA so the ICO can do nothing about it

 

 

Edit:- Sorry, didn't see the post from Welshmam

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Edit:- Sorry, didn't see the post from Welshmam

 

No worries!! :D

 

I have not had a Default notice, nor have I had a letter stating the account is terminated I have just had letters stating the full amount due and the overdue amount.

 

There is something wrong here Holley.

 

They need to issue a default notice and in this they will state what action they intend taking if you don't pay such as terminating the account and demanding the full amount outstanding.

 

If you can't recall receiving this then I would write back to them asking if they will supply you with a copy of the DN.

 

Is the letter you have received headed with;

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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