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    • I don't think that will stop the solicitors letters or court action as the company driving that seems to be visualStudios.co.uk, not the Photo Studio Group who are supposidly the creditors. I think they are all part of the same web of scam companies. I see other people have had a hard time trying to complain to get their money back, they are mostly ignored and end up taking the company to court themselves. I think I would rather see what AJJB law are going to do next if I reply to their leeter of claim.
    • I still wish we could see exactly what you had claimed. I'd like to get much more detailed account of the conversation between you and the mediator. I'm a bit surprised that Hermes rejected the situation for something of such low value and am sorry to say it may be something to do with the way that you put across your points – or maybe the arguments that you focused on. I think it will be worthwhile understanding as much as possible, what your claim was about and what went wrong so that we can address those matters when it gets to court. Don't forget that there is still a chance that they may settle before the hearing. If it goes to the hearing then we need to make sure that you are as fully equipped as possible to make your arguments to the court in a convincing way so that you come out having established important principles against Hermes. They have a lot to lose
    • I've been reflecting on this and it seems to me that although it is probably in your interests to leave the car with him, you should retain ownership and not relinquish it until the matter is settled. I don't think there is any conflict between rejecting the car contractually on one hand and retaining the ownership until the matter is settled. By retaining ownership, if there happens to be any move to bankruptcy or something, then you can still assert your ownership of the vehicle. If there was any attempt to dispose of the vehicle without settling your refund first then I think you could legitimately report it to the police are stolen. Goods which are stolen remain stolen even if they are sold on. That means that if the car is sold to somebody and it is yours, then it remains yours and you remain stolen and the purchaser of the car would have purchased stolen property and they will then have to address the problem with the seller – and not with you. If you're able to take photographs of the car then I suggest that you do to make sure that it is in good condition – and you if you are able to keep an eye on it at all then you should do and photograph it from time to time. I think it would be also worthwhile sending the garage a letter saying that you are rejecting the vehicle that you are retaining title to it until they have settled the refund and that it is on their forecourt and as such they are responsible for its safekeeping. Send this letter by recorded delivery, of course.
    • ...Just found this https://find-and-update.company-information.service.gov.uk/company/06034544   I can write to their CEO at their registered office. Not sure if I need to send the letter to both, but figure why not.    
    • No, though I did get a call back just this morning (from someone I'd not spoken to before at Crystal) and I now have the name of their CEO and confirmed I can write to him at the address I ordered from. Good idea though. Provisional letter below (names replaced), minor adjustments may be made following the legal advice:-   Dear CEO,   Reference: I am claiming a full refund on the glazing for my recent window order under my short term right to reject under the Consumer Rights Act 2015.   As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. I have summarised the facts of the case below:-   On 04/10/20 I sent a signed PDF order across to yyyy yyyy. On the 09/10/20 I received an e-mail from xxxx with an order acknowledgement asking for my address so that she could book the order in. I replied the same day with my address and saying please note my order is not the one you've attached, it's the one I've digitally signed and amended to include additional notes, full glazing specification and details of the thermal frame reinforcement, and I attached another copy of this signed order to my reply. On 19/10/20 I sent an e-mail specifically asking for confirmation the glazing spec would be as per the signed quote, and received a reply from xxxx stating ‘I converted the quote you signed off into an order so, whatever is on the quote paperwork that you signed is exactly what has been ordered.’ On 05/11/20 I took delivery of the windows at my home address, and shortly thereafter queried the glazing specification as it did not seem to tally with what I ordered. I received an e-mail from aaaa (head of customer services) on 10/11/20 confirming that yes they had unfortunately ordered the incorrect glass for me. A later e-mail dated 12/11/20 forwarded by aaaa to myself from bbbb bbbb (senior estimator) at Custom Glass, gave full details of the glazing specification sent and that actually requested. I received glazing using ‘Thermaglas’ with the unit having a U value of 0.682 vs what was actually requested, ‘Therma One’ with a U value of 0.590 (better insulation performance). Repeated requests for a refund on the glazing only have been met with refusal citing your terms and conditions and stating you will only reorder the glass. I would point out that this variation of specification was not by prior agreement, and hence I am not bound to pay for it under your own terms and conditions (2.3 No variation to the Contract shall be binding unless agreed in writing by authorised representatives of the parties). Additionally as the item has not been made to my specifications clause 3.5 is negated (3.5 Cancellation - All Crystal products are ‘made to measure’ This means that where goods have been manufactured ‘made to measure’ due a customer’s specifications, they will become non-returnable and non-refundable.’ Furthermore, term 3.5 is not even included in the terms and conditions listed on my invoice number 345198, it is only on the website, and hence I cannot be bound by it anyway.   Due to the difference in specification the sealed units are not fit for purpose and are not as described.   From you I am claiming a full refund of £1190.93 under my short term right to reject under the Consumer Rights Act 2015.   I have calculated this sum based on the total amount paid for the Windows (£1813.14) less the total cost of the frames (£622.21).   Listed below are the documents on which I intend to rely in my claim against you: * 4-14-4-14-4 Thermaglas One.pdf * 4-14-4-14-4 Thermaglas * Signed crystal quote 041020.pdf * Copies of relevant e-mails, for dates see the above summary * Invoice number 345198   I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.  I would invite you to put forward any proposals in this regard.    In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.  I look forward to hearing from you within the next 14 days.   Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.   Yours faithfully,    me
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Hi All,

 

Yet more problems :-(

 

Have been dealing with cleaning up my fiancee's credit record and just about there. All defaults have fallen off her record, a court decree has been satisfied but will fall off her ecord in about a year's time. The only outstanding issue is that of two crdit searches associated with an unpaid debt.

 

Having done some digging, it turns out that one of the searches is related to a store card she had (Which was one of the defaults which have fallen off), the store card was a Dorothy Perkins one from way back in 2002 which would be statute barred now. My question is how do I go about getting the search removed. Equifax have said they can't remove it without BCW's permission (I have reminded Equifax of their responsabilities under the DPA) and BCW have told them the account is not in dispute (Over than it is statue barred now!!!)

 

I'm just wondering what course of action I should take now? Is it worth while CCAing BCW and see what we get back?

 

Also, there is a second search listed by Aktiv Kapital for which we have no information, they have requested that we phone them, is it worthwhile CCAing them too?

 

Any help is greatly appreciated.

 

 

Cheers

 

N

 

 

PS Anyone got any ides on how to handle Equifax????

 

PPS Just noticed that the two letters have the same reference number, i.e. they're the same debt!!!

Edited by ngorshkov
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Here are the questions I have sent to Equifax and their responses, any thoughts anyone???

 

Also included is a "Third Party Response" from Aktiv Kapital; this can hardly constitue written permission to process my finacee's data!!!! :mad:

Question 110509.rtf

Question 150609.rtf

Third Party Response 150609.rtf

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Hiya,

 

The searches will have no bearing on your CF as these should be seen as unrecorded searches,

 

if you want them removed then you will need to send a letter of complaint to the data controllers

 

ida x

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Hi Ida

 

These are table 1 searches which do show up on your credit record and have an adverse effect on your credit rating. Ones for unpaid debts stay for two years and are accessble for all who can search your file.

 

As it happens, Equifax say they don't have the permission to remove them; as seen in my attachments :-(((

 

I've sent the usual don't know this debt letters to Aktiv and BCW and also away to send CCA requests tomorrow.

 

Just wondering if anyone else had any thoughts?

 

 

Cheers,

 

N

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Yeah, fired them off today :-)

 

Also got this back from Equifax:

 

Dear

 

I am sorry to learn that the response to your recent Notice of Dispute was not satisfactory. I acknowledge your comments; however I must advise that as the company concerned has not provided Equifax with authorisation to amend or remove the disputed information from your Credit Report, this currently remains unchanged. I can only advise that should you wish to query this matter further that you contact the company concerned. Any documentary evidence regarding this information is held by the lender.

 

If however, you wish to make a complaint, please note our regulatory body is

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Kind regards

 

Wendy Morris

Customer Relations Customer () 17/06/2009 08.57 AM Regardless of whether Aktive Kapital claim to have my permission to process MY data, YOU have still not provided proof positive that the searches are legitimite and that the companies in question have my permission to process MY data as per the data protection act; mearly claiming that they do is insufficient as per the Data Protection Act.

 

Need I remind you that it is YOUR responsibility as a DATA CONTROLLER as per the Data Protection Act to ensure that the data you hold on me is relevant, accurate and most importantly been acquired legally, i.e. the companies in question have my explicit, written permission to process my data. Need I also remind you that if the data you hold on me is neither relevant, accurate or been acquired legally then it is YOUR responsibility to ammend it and that if you choose not to it is YOU that I complain about to the Information Commissioners Office and to Trading Standards.

 

Furthermore if you cannot substatiate the claims you make about me via my credit record, this would be tantamount to defamation and I would then be forced to seek recourse through the courts to have the incorrect data removed and for appropiate compensation awarded.

 

Finally I request that you give me the address that correspondence can be sent to your data controller as I feel that I have no other course of action but to issues a section 10 statiatory notice to yourselves.

 

 

Kind Regards

 

 

 

Anyone any thoughts???

 

 

Cheers,

 

N

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Subscribing to this if you don't mind - I've got the exact same problem with Equifax. i'm just putting together my first letter to them to request the removal of the multiple searches from DCAs (yet no debt on my file) but I fully expect to receive a an uncooperative response. There seem to be a few Caggers with similar issues.

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shows how thick these people are "closed the file oct 2009"

NEVER FORGET

 

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Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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Well, just got the CCA back and it looks enforceable :-(

 

However the debt is stat barred anyway :-) Does anyone have any suggestions on how to word a letter to AK telling them that the debt is stat barred thus unenforceable and to stop place searches against my fiancee's name????

 

 

Cheers,

 

N

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you could edit this:

 

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully

 

Ida x

Mr A N Other

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