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    • stuff and all they can do .......they are TOTALLY powerless   and you are well used to dealing with REAL bailiffs anyway looking at your history   
    • ok Finally got home!   I'll try and keep it short however we finally got to an agreeable place   Walked over to sales as there was no more servicing could do especially as the aftersales manager quite simply said they will not be footing the bill. Spoke to the salesman, updated him and he was lost for words and had to ask me where things were left -  Requested senior management to come down - both head of business and general sales manager are off for half term.  That left the buying manager - ironically the same who purchased the car in for the dealership.  He was called downstairs but in the time that he did, he must have called the aftersales manager.   Once down, everything suddenly changed -  I was told they are now 'reaching a compromise' (I assume between the two departments) and it will be put right.  The part is being ordered, is on backorder for 2-3 weeks and once in, they will fit it. This of course means I am potentially out of my 30 day exchange/1000 mile exchange however appreciate I can drag it out if it came to rejecting it.    I got the aftersales manager to put in writing the part IS being ordered and if the part does not for whatever reason fix it, I CAN exercise the exchange regardless of how many days/miles I am out. --This was CCd to the sales manager, the service advisor and the buying manager stating he is accepting/making the decision in the absence of the two other managers.   So all in one- another wasted 5 hours there + the drive up/down but we are hopefully now at a point the final issue will be either permanently fixed or it will be the deciding factor of returning the car.  The part-ex has also gone so it's not like we could even just change back for now.   The part is scheduled to arrive pretty much the week of our due date which really messes this up in terms of transport/planning however we'll cross that bridge then - for now, I need to destress the other half who really did not need this especially with what is essentially for her the baby car    Could I ask - IF it does not fix it and we decide against the exchange - can we still reject?  If we can, what happens to the part-ex thats now gone/auctioned off?   I too believe 99% it will fix it but just curious.     Also just for anyone else taking an interest, the MMI unit that is faulty is not just the navigation but everything Audi - phone, radio, cd, sd card, service indicators, settings for the various components - its all part of the MMI brain.  And so the reason this is important that it is resolved is usually with this unit, if one part fails, it's likely the entire unit will fail.      
    • They don't have to care.  This is Britain - the biggest reaction will be some mild tutting.  The main goal now must be to keep the fear factor high whilst ensuring the pockets of the few continue to be lined.   
    • Cat 6 Marker then. Thats one of the worse you can get.  As @Andyorchsaid... You might need to go to the FOS etc to get this done. We had someone else who went all the way with Tesco and lost. Cat 6 Markers are very difficult to get removed.
    • This guide should help.   https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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S78 (1) and Regulation2 illegible docs


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Hi Everyone, Need a bit of advice from one of you experienced people.

 

Firstly can somebody advise me if 2007 T&C's can be used for application forms signed in 1998/1999?? I understood the T&C's were to be within the signature document and not on seperate sheets.

 

Secondly, both agreements sent by Capital one and MBNA were illegible in places in particular the small print which i would assume to be the important bits if there was any in the first place. I have written to both companies quoting Regulation 2 (legibility of notices and copy docs) and advising them they have not complied with my S78 (1) request. Each letter i have sent i have demanded a legible copy. Nothing has appeared only threatening letters from their external agents. I was advised a while ago that when an account is in dispute it could not be passed to other agents or commence litigation. Please advise:confused:

Gizmo7

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The prescribed terms must be within the four corners of the signed document, these include %APR, repayment terms & credit limit.

 

If you cannot read what they've sent they have not fullfilled your request, you are entitled to a legible copy.

 

Since you've already complained & disputed the a/c because of the illegibility of them & they are continuing to pursue make a complaint to the OFT.

debtcollectionguidance@oft.gsi.gov.uk

 

tel: 020 7211 5823

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The prescribed terms must be within the four corners of the signed document, these include %APR, repayment terms & credit limit.

 

If you cannot read what they've sent they have not fullfilled your request, you are entitled to a legible copy.

 

Since you've already complained & disputed the a/c because of the illegibility of them & they are continuing to pursue make a complaint to the OFT.

debtcollectionguidance@oft.gsi.gov.uk

 

tel: 020 7211 5823

Hi, cerberusalert, I made a complaint to the OFT and Trading stds. Trading stds advised me that credit card companies can supply seperate T&C's and up to date ones for that matter on running accounts.

If these companies decide on court action how does the Regulation 2 fair in a court. Is it a valid defence in relation to illegible docs??

Thanks Gizmo7

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Trading stds advised me that credit card companies can supply seperate T&C's

Yes they can, but to comply with the CCA 1974 the agreement must have the prescibed terms within the four corners of the signed document.

 

If these companies decide on court action how does the Regulation 2 fair in a court. Is it a valid defence in relation to illegible docs??

If they were to go to court you could bring them to 'strict proof' which means they have to provide the original agreement not a copy.

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Cerberasulert, Both these application forms were supplied with seperate terms and conditions showing things like apr etc. MBNA have sent 3 blown up copies each time i complained they got bigger but the same area's were illegible. When i mentioned the T&C's should be within the four corners of the page they sent a photocopy of the application form with the seperate T&C's on the back (double sided photocopying).

Cabot advised the capital one Application would have been legible when i signed it indicating it didn't need to be now.

Trading Standards were very negative saying they had no powers to do anything.

Gizmo7

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Cerberusalert, I forgot to mention cabot advised in a letter to me they didn't have to provide an original true copy if it no longer existed. I assume the original was shredded and this is a computer copy

Gizmo7

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I forgot to mention cabot advised in a letter to me they didn't have to provide an original true copy if it no longer existed. I assume the original was shredded and this is a computer copy

:D Oh but they do. :rolleyes:

 

If they were stupid enough to take it to court they would have to produce the original agreement, pure & simple. Without one they are stuffed you would have an absolute defence.

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Cerberusalert, Trading stds did not seem to be aware of Regulation 2. Furthermore he reconed if it went to court the Judge may rule in their favour. Whats your take on things as they stand and what further action should i take if any.

Trading stds advised me to futher contact MBNA even though they have not written to me since the start or March.

Thanks

Gizmo7

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To be honest the average joe in TS doesn't have a clue when it comes to the CCA 1974 & rather than brush up on it they'd rather not get involved.

 

A judge would not be able to rule in their favour with the absence of an enforceable CCA. As I said it's a complete defence.

 

I wouldn't bother doing anything myself, the balls firmly in their court now so you might as well wait to see what their next move is.

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The debts will be sold on to a DCA first, but in the absence of an enforceable agreement most of them will drop it like a hot potato. In the unlikely event that a DCA tried to obtain a CCJ, some of them use the Northampton Bulk Centre but when you defend it'll be transferred to your local court. Again in a lot of cases when they realise that you will defend they drop it.

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If they have sent you an inky blob as an agreement, you ask them in court to please show the court where it says in the agreement (that you allegedly signed) where the repayment terms are and what they say; where the interest rates are and what they say etc.. When their legal eagle reads out blobby, blobby, blob, blob they would tend to lose credibility IMHO.

Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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Hi Steve, The signature is legible its other parts that are not for example the Cap one application info under Consumer credit agreement is totally illegible. 2007 T&C's are supplied on 2 seperate sheets which show apr etc are legible but seperate from the signature doc never the less.

The MBNA one has patches of illegibility on both the application form and seperate T&C's.

Gizmo7:rolleyes:

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