Jump to content


  • Tweets

  • Posts

    • Hello guys how are you. I have just got off the phone to the mediator. The garage who initially changed the turbo are saying that I haven't suffered a loss of £480. (Cost of labour to renew turbo) The only loss I have suffered is the £185.01 I had to pay the independent garage to repair the turbo. They said a gasket can go at any time. ( In this case almost immediately after I drove away after the repair) and that I didn't follow the complaints procedure.   Mediator says if it goes to court I have to prove a loss.   And the £185.01 is the only loss...   The initial garage said they would pay the 185.01 and my court fee, I'm not sure what to do, this is what I wanted in the first place but I've had to come here to get it.
    • https://www.independent.co.uk/news/uk/politics/labour-jeremy-corbyn-suspension-court-b1793627.html Labour attacks Jeremy Corbyn for ‘wasting time and money’ after court defeat over suspension from party "Party to seek to recover legal costs from its former leader – in new deterioration in relationship"   Hopefully Carbuncle will now just *** off. Fat chance Perhaps the Labour party should just take a leaf from Corbyns own book and deselect him and force a by-election?
    • Piers aint that bad (recently amended opinion)  
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Halifax - Mrs Rentarded has a go


Please note that this topic has not had any new posts for the last 4229 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

After obtaining and gaining some great advice from these forums I decided I would see what could be done with Mrs Retarded situation.

 

Mrs Retarded has a credit card with Halifax, she has had this for a few years, always paid on time (as with everything else) and she has never encountered any problems with credit. A few months back she received a letter from Halifax stating that they will be putting her APR up (after some notice period) from 16.9% to 25.9%. She has a few thousand on this balance and has always paid at least double the minimum payment as the card was used mainly as a day to day running expense. Mrs Retarded was also offered a cancellation of the account with the balance to remain as well as the current 16.9% APR until cleared, looking at her options we both agreed that this would be for the best, she is now continuing to pay more than the minimum although the draw of actually having this card has now been withdrawn.

 

I advised her of this site and said that I have received some great help from a very useful forum. So last Friday 12th June we sent the basic CCA request through to Halifax and on Saturday we received a response (I will post up later when I get home). Basically they have sent us through a copy of their terms and conditions, not even a signed application form... They have advised us that they will not be communicating further with the issue as they have met their legal requirements. They also showed concern that Mrs Retarded may be using a 3rd party agency in which we received 2 links to where the OFT has provided warnings against these companies... All in all the letter seems pretty standard although they have supplied absolutely nothing of any personal relevance what so ever.

 

I was going to send this before taking the next action,

 

Dear Halifax,

 

Thank you for your letter dated 18th June 2009 re a/c xxxx. I must confess that I am a little confused with your response, I had hoped that this would be part one of many to address my concerns surrounding the credit agreement however after reading that this is your "only and final communication on this matter" I understand that you may not be sending anything else though. As you are aware we are still within the initial time frame so I will not be taking any further action until this time has elapsed.

 

To clarify what you have send so far is not a credit agreement as required by law. I also appreciate your concern with my use of 3rd party agencies although I can confirm that I am or have never used 3rd part agencies through out this issue.

 

Should you fail to provide me with a true, executed credit agreement with the correct terms within the prescribed time scale I will take further action.

 

I Look forward to your response,

 

Regards,

 

Mrs Retarded

 

Am I right in thinking that once the 12 + 2 days has gone we should issue a "account in dispute" letter to Halifax?

 

Thanks again, this should be an interesting one...

Link to post
Share on other sites

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites
After obtaining and gaining some great advice from these forums I decided I would see what could be done with Mrs Retarded situation.

 

Mrs Retarded has a credit card with Halifax, she has had this for a few years, always paid on time (as with everything else) and she has never encountered any problems with credit. A few months back she received a letter from Halifax stating that they will be putting her APR up (after some notice period) from 16.9% to 25.9%. She has a few thousand on this balance and has always paid at least double the minimum payment as the card was used mainly as a day to day running expense. Mrs Retarded was also offered a cancellation of the account with the balance to remain as well as the current 16.9% APR until cleared, looking at her options we both agreed that this would be for the best, she is now continuing to pay more than the minimum although the draw of actually having this card has now been withdrawn.

 

I advised her of this site and said that I have received some great help from a very useful forum. So last Friday 12th June we sent the basic CCA request through to Halifax and on Saturday we received a response (I will post up later when I get home). Basically they have sent us through a copy of their terms and conditions, not even a signed application form... They have advised us that they will not be communicating further with the issue as they have met their legal requirements. They also showed concern that Mrs Retarded may be using a 3rd party agency in which we received 2 links to where the OFT has provided warnings against these companies... All in all the letter seems pretty standard although they have supplied absolutely nothing of any personal relevance what so ever.

 

I was going to send this before taking the next action,

 

Dear Halifax,

 

Thank you for your letter dated 18th June 2009 re a/c xxxx. I must confess that I am a little confused with your response, I had hoped that this would be part one of many to address my concerns surrounding the credit agreement however after reading that this is your "only and final communication on this matter" I understand that you may not be sending anything else though. As you are aware we are still within the initial time frame so I will not be taking any further action until this time has elapsed.

 

To clarify what you have send so far is not a credit agreement as required by law. I also appreciate your concern with my use of 3rd party agencies although I can confirm that I am or have never used 3rd part agencies through out this issue.

 

Should you fail to provide me with a true, executed credit agreement with the correct terms within the prescribed time scale I will take further action.

 

I Look forward to your response,

 

Regards,

 

Mrs Retarded

 

Am I right in thinking that once the 12 + 2 days has gone we should issue a "account in dispute" letter to Halifax?

 

Thanks again, this should be an interesting one...

I got something similar fromHBOS, so I sent back a dispute letter stating that until they responded and provided what I requested that they must consider the account to be in dispute and this letter to be my final response.

Also stated "for the avoidance of doubt I confirm no payments will be made to you or anybody else until you provide a signed and fully enforceable agreement, compliant with the Consumer credit act"

Seemed to shut them up.

Turn the situation around on them.

Take Care

Jon

Link to post
Share on other sites

they can use section 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 to avoid sending you a signed copy. Although to be honest the only reason i can think of for them using this is because they do not have the original anymore.

Link to post
Share on other sites
they can use section 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 to avoid sending you a signed copy. Although to be honest the only reason i can think of for them using this is because they do not have the original anymore.

Or because they know the original is Unenforceable.

Link to post
Share on other sites
  • 2 weeks later...

OK after the initial response we have heard nothing so I have odopted teh default letter to suite and Mrs Rentarded will be sending this first thing in the morning... Hope it's OK!

 

1st July 2009

ACCOUNT IN DISPUTE

A/C No – xxxxxxxxxxx

Thank for your letter dated 17th June of which all the contents have been noted. I am particularly grateful that you also spent the time on forwarding 2 links however I must advise that I am not using a 3rd party to address my concerns. I also acknowledge the contents of that communication however remain unsatisfied with the details as this is not what was asked for.

You have failed to respond to my legal request for you to supply me a true copy of the original credit agreement for the above account.

On 15th June I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was sent via recorded delivery and signed for within your office. You have failed to comply with my request, and as such the account entered default on 29th June 2009.

The document that you are obliged to send me is a true copy of the executedagreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As I am sure you are aware the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. This limit has expired!

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as 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.

 

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 not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully,

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...