Jump to content


  • Tweets

  • Posts

    • You should start putting everything in writing. Even the ombudsman, to begin a serious complaint by telephone is quite frankly crazy. I hope you have taken a copy of at least the advertisement that you have posted above.  I don't suppose that you kept a copy of the original AutoTrader advertisement.  How much in writing have you got of anything? I would suggest also that you telephone the ombudsman tomorrow and ask them for details of the complaint that they have received from you and tell them that you want it in writing.  You will be amazed how scant The records of which are kept by these people. Read our customer services guide and at least actually give you some idea of how you should deal with customer service people or any call handlers on the telephone.  It is very important that you get a written summary of the report which you made to the ombudsman so that you can see exactly what they are investigating. The complaint to the ombudsman should have been very carefully considered over a period of time rather than simply made in a phone call
    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Apex keep sending CCA request back


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5478 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I CCA Apex last month, one week later they sent the postal order back saying that I need to contact the RBS for the request with whom the agreement was reached. Sent snotty letter back to apex with the same postal order saying the burden of proof is with YOU and that im not doing your leg work for you, this was over 3 weeks ago now. Today received a letter from Apex saying:

 

Thank you for your recent correspondance regarding the aforementioned account and a request for a copy of your credit agreement. (I must say there is no agreement as this was for an overdraft many years ago and by the time I calculated the bank charges for what they owed me I wouldn't of been overdrawn, so I took RBS to court and it is stayed at the moment).

 

I can confirm that I have contact our client in relation to this matter and they have again informed us that this request needs to be made direct to The Royal Bank of Scotland. This is because they are the principle company with whom the agreement was reached and are classed as the data controller in this situation whereas Apex are considered to be the data processor. Your request will need to be made in writing blah blah blah.

 

It's obvious that Apex are stalling the situation and talking crap, but does anybody know what my next move should be and what do I say regards to writing to them.

Link to post
Share on other sites

Have apex actually bought the debt, or are they acting on behalf or as agents of rbs?

If the bought it, they own all the duties that go with it, including providing paperwork.

another thing is, if your charges reclaim will pay it all off, i believe you can have the account put into dispute, until the stay is lifted.

question everything!

Link to post
Share on other sites

Hi,

 

I believe that Apex are only acting on behalf of RBS. My overdraft and bank charges are the same amount of money, however because this has been going on for nearly 2 years now there is another added £1000 to this debt with interest, even though it is in court and has been since July 07.

Link to post
Share on other sites

Hi see the following sections from CCA 1974

 

Section 175

 

175. Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

Section 189

 

“ creditor “ means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

 

Advise them they have defaulted on your CCA request and they are obliged to pass on your request and stop payment (if you want) The fact of them returning the fee is irrelevant as it is a legal request and the clock started from when you sent the request.

 

dpick

Link to post
Share on other sites

I did send a CCA request on the 16th March 09 sent it recorded, within a week they sent it back saying I had to get in touch with RBS, I sent a snotty letter back on the 30 March recorded again saying the burdon of proof is with yourselves and also stating that they still only have 12+2 days to comply, then a week after the 12+2 days I sent a account in dispute letter on the 3 April (recorded delivery) and now today I get this letter saying that I have to get in touch with RBS with the postal sent back.

 

What do I do now? do I ignore them or do I write to them again sending the postal orded back and requesting a CCA off them, any help will be a bonus.....

Link to post
Share on other sites

I CCA Apex last month, one week later they sent the postal order back saying that I need to contact the RBS for the request with whom the agreement was reached. Sent snotty letter back to apex with the same postal order saying the burden of proof is with YOU and that im not doing your leg work for you, this was over 3 weeks ago now. Today received a letter from Apex saying:

 

Thank you for your recent correspondance regarding the aforementioned account and a request for a copy of your credit agreement. (I must say there is no agreement as this was for an overdraft many years ago and by the time I calculated the bank charges for what they owed me I wouldn't of been overdrawn, so I took RBS to court and it is stayed at the moment).

 

I can confirm that I have contact our client in relation to this matter and they have again informed us that this request needs to be made direct to The Royal Bank of Scotland. This is because they are the principle company with whom the agreement was reached and are classed as the data controller in this situation whereas Apex are considered to be the data processor. Your request will need to be made in writing blah blah blah.

 

It's obvious that Apex are stalling the situation and talking crap, but does anybody know what my next move should be and what do I say regards to writing to them.

 

As this is an overdraft it isn't covered by the CCA.

 

You need to write to apex stating the account is in dispute pending a charges claim.

Link to post
Share on other sites

I think I will send a dispute letter again and state that I will not get into anymore correspondance with them unless they have a true copy of an agreement, but then it's got me thinking that there will never be a CCA as it's for an overdraft that is already in court (talk about going round in circles), so I don't know really.

Link to post
Share on other sites

I think I will send a dispute letter again and state that I will not get into anymore correspondance with them unless they have a true copy of an agreement, but then it's got me thinking that there will never be a CCA as it's for an overdraft that is already in court (talk about going round in circles), so I don't know really.

 

As above... bank accounts do not have Consumer Credit Agreements and are not covered under the Consumer Credit Act. As above you need to look the at disputing the account because of the charges.

Link to post
Share on other sites

the account has been in dispute since the court stayed the claim, i believe you can use that date to stop them continuing to add interest?

not sure, so hopefully someone will clarify.

 

I suppose what really gets under my skin is, you take a company to court as you believe they have treated you unfairly with excessive bank charges, so this account or overdraft is in court, then the banks just disregard all this and then pass you on to a DCA, so the DCA have absolutely no knowledge or history as to what's going on, so you do the legal, right thing sending them letters off this forum and they still won't go away, they are like a severe bout of cystitis, but I didn't want to take the p*ss, lol.

 

Shall I just ignore them as they have had a dispute letter off me dated 3 April, even though I have the postal order back?

Link to post
Share on other sites

I thought I would send Apex this letter, comments appreciated.

 

15th April 2009

Apex Ref: 1816001

Dear Mr J. Cranmer,

With response to your letter dated 14th April 09. So you are telling me that the bank RBS can give you my, Name, Address, Telephone Numbers, Bank Account Number, Sort Code Number, DOB etc etc without my permission, but I have to instruct RBS to give you a True copy of the signed Credit Agreement, what a load of B*llocks!!!

YOU ARE CHASING ME, RBS SHOULD SUPPLY YOU WITH EVERYTHING YOU NEED. They seem to have given you everything, bar the most vital piece of information, could this be that it doesn’t exist???

You have received on the 16th March 09 send recorded delivery a request from myself for the True Copy of the Consumer Credit Agreement. You to date have not complied with my request. The Office of Fair Trading says you have 12+2 days to comply with my request. If so such request is supported you can no longer chase this alleged debt.

I DO NOT EXPECT TO HEAR FROM YOU AGAIN AND ANY FURTHER CONTACT WILL BE DEEMED AS HARRASMENT OR INDEED A TRAINING EXERCISE FROM YOUR COMPANY, WHICH I WILL GLADLY PARTICIPATE IN. MY FEES FOR SUCH PARTICIPATION ARE AS FOLLOWS:

Communication letters at a charge of £15.00 per letter, plus delivery (postage)

Telephone communication charged at £15.00 no matter the duration of call.

All previous communication will be charged at the same rate.

If I hear from you in any shape or form it will be deemed you are accepting the Terms and Conditions of this contract, therefore all charges will apply.

Yours sincerely

 

:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...