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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
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    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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bijomaru

Advice needed on actions against garage/dealership

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Hi everyone. As a new member I came here as I spotted this forum after hours of "googleing" and I do hope I will find some help and advice here.

 

Apologies for the long story but the more background you have the better advice I might get. And thank you for patience if you are going to read this :)

 

Here we go then:

 

3rd of May I've had an accident. Avoided hitting a car that failed to give me right of way, ended up going over a curb, losing traction and hitting brick wall. The impact triggered fuel cut-off switch, so I wasn't able to starth the car as I didn't know where it is. Left it on the petrol station, in front of which all this has happened. As I hit the wall, other driver drove off as he had not came into contact with my car. CCTV cameras didn't catch the situation so claimed of my insurance. Next day called AA, they found the fuel cut-off switch, and I drove the car back home. Around 2 miles, 15mph, dragging plastic engine cover underneath the car.

 

Next weekend, 8th or 9th May, garage approved by my insurance company, came to collect the car. Few days later I got a call that estimated repair would be around £6000 and they still need to check few more parts so it might be write off. Eventually I was told it'll be £6500 worth of repairs, but Privilege Insurance agreed to pay that and I will only pay £300 excess. It's a Honda Accord 2.2 i-CTDI, 2006. Looking at the pictures I can't see where this amount came from, but I guess there's more than meets the eye, as insurance company approved it after visit of their evaluator.

 

DSC_0004.jpg

DSC_0005.jpg

 

They gave me a date when my car will be ready, 9th of June. A month later. I wasn't happy as I need my car to get to customers as I do on-site PC repairs. But accepted the fact, after all it was quite a lot to fix.

 

3rd of June I called to make sure everything is fine and to ask again if the date hasn't changed. I was told it will be ready for 9th June. OK.

 

9th June came, I got really excited I am getting the car back. Called the garage to confirm the time of collection. And I got struck :eek:

 

nice lady told me that one part, steering column, went on backorder as Honda couldn't deliver it on time. Shortage, close downs, etc. She asked me to sit down and said the part will be delivered on 17th July. Plus time for fitting and adjustements, equals end of July. Taking the repair into 3 months.

 

Now I already moved my holidays from June to July, before learning the new delivery date, to 16th. Which is not even when I get my car. And I was going to go by car abroad. But more important, my business became almost non-existent. I cannot do visits, so I am losing customers. My earnings here dropped like 80%.

 

I have complained to Insurer, they couldn't do anything. Went to garage they directed me to honda dealer that is getting the part for them. Complained to Honda dealer, next day they got back to me saying the put it on a priority list so if the part is made available they will get it.

 

Almost 2 weeks gone, nothing has moved in the right direction.

 

I am considering complaining at Honda directly, not dealership. DOes it make sense, can I win here anything or gain? What about the losses I incurred due to the back order? Sureyl big manufacturer like Honda should have parts available in case they are needed for repair. These cars are quite often seen on streets, at least here in Swindon, so they must be quite popular.

 

So any advice on what to do next, where to go/write/call is most welcome. I will appreciate any comments.

 

Thanks everyone for spending 10 minutes reading this post.

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Hi everyone. As a new member I came here as I spotted this forum after hours of "googleing" and I do hope I will find some help and advice here.

 

Apologies for the long story but the more background you have the better advice I might get. And thank you for patience if you are going to read this :)

 

Here we go then:

 

3rd of May I've had an accident. Avoided hitting a car that failed to give me right of way, ended up going over a curb, losing traction and hitting brick wall. The impact triggered fuel cut-off switch, so I wasn't able to starth the car as I didn't know where it is. Left it on the petrol station, in front of which all this has happened. As I hit the wall, other driver drove off as he had not came into contact with my car. CCTV cameras didn't catch the situation so claimed of my insurance. Next day called AA, they found the fuel cut-off switch, and I drove the car back home. Around 2 miles, 15mph, dragging plastic engine cover underneath the car.

 

Next weekend, 8th or 9th May, garage approved by my insurance company, came to collect the car. Few days later I got a call that estimated repair would be around £6000 and they still need to check few more parts so it might be write off. Eventually I was told it'll be £6500 worth of repairs, but Privilege Insurance agreed to pay that and I will only pay £300 excess. It's a Honda Accord 2.2 i-CTDI, 2006. Looking at the pictures I can't see where this amount came from, but I guess there's more than meets the eye, as insurance company approved it after visit of their evaluator.

 

DSC_0004.jpg

DSC_0005.jpg

 

They gave me a date when my car will be ready, 9th of June. A month later. I wasn't happy as I need my car to get to customers as I do on-site PC repairs. But accepted the fact, after all it was quite a lot to fix.

 

3rd of June I called to make sure everything is fine and to ask again if the date hasn't changed. I was told it will be ready for 9th June. OK.

 

9th June came, I got really excited I am getting the car back. Called the garage to confirm the time of collection. And I got struck :eek:

 

nice lady told me that one part, steering column, went on backorder as Honda couldn't deliver it on time. Shortage, close downs, etc. She asked me to sit down and said the part will be delivered on 17th July. Plus time for fitting and adjustements, equals end of July. Taking the repair into 3 months.

 

Now I already moved my holidays from June to July, before learning the new delivery date, to 16th. Which is not even when I get my car. And I was going to go by car abroad. But more important, my business became almost non-existent. I cannot do visits, so I am losing customers. My earnings here dropped like 80%.

 

I have complained to Insurer, they couldn't do anything. Went to garage they directed me to honda dealer that is getting the part for them. Complained to Honda dealer, next day they got back to me saying the put it on a priority list so if the part is made available they will get it.

 

Almost 2 weeks gone, nothing has moved in the right direction.

 

I am considering complaining at Honda directly, not dealership. DOes it make sense, can I win here anything or gain? What about the losses I incurred due to the back order? Sureyl big manufacturer like Honda should have parts available in case they are needed for repair. These cars are quite often seen on streets, at least here in Swindon, so they must be quite popular.

 

So any advice on what to do next, where to go/write/call is most welcome. I will appreciate any comments.

 

Thanks everyone for spending 10 minutes reading this post.

 

Sorry to hear of your problems, with regards to the cost of the repair, i wouldnt like to speculate as i have not seen it personnaly, but the cost does seem to be exagerated, at least you have got pictures if you decide to contest the cost, or make your insurer aware of this matter as it is them who are paying for the repair.

 

As the accident is classed as your fault you would only be entitled to a courtesy car for a maximum of 14 days and also depending on the wording in your insurance policy, have you had a courtesy car through your insurance company ?

 

I would certanlly complain to the bodyshop concerned with this matter, give them a timescale to repsond, also request a courtesy car of some sort to keep you mobile, if the parts are on back order, the bodyshop / dealer would be able to claim the cost of this back off the manufacturer.

 

If they unwilling to resolve the matter for you escalate the matter with there head office, also inform your insurance company of the problems you are experincing, they might intervene with a resolution for you.

 

Hope you get things sorted, keep us informed.


The retailers worst nightmare !

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Hi. Thanks for your response. I advised the insurance company that the costs seem not reasonable for me as for the visual judgment and the fact I drove the car back home without any mechanical problems.

 

Courtesy car is an option on my policy and I didn't take it when I have purchased it so would have to pay for one now. I spoke to the garage regarding this matter and they said after contacting Privilege, I will not get a courtesy car as I am not entitled to it.

 

Also they put all the blame on Honda not sticking to the original delivery date for that one particular part.

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Hi. Thanks for your response. I advised the insurance company that the costs seem not reasonable for me as for the visual judgment and the fact I drove the car back home without any mechanical problems.

 

Courtesy car is an option on my policy and I didn't take it when I have purchased it so would have to pay for one now. I spoke to the garage regarding this matter and they said after contacting Privilege, I will not get a courtesy car as I am not entitled to it.

 

Also they put all the blame on Honda not sticking to the original delivery date for that one particular part.

 

In that event i would contact the bodyshop tomorrow, i pressume a courtesy car would help you out a great deal, request this, also mention about your work and the loss of earnings your experiencing.

 

If there still reluctant to help contact Honda direct, explain all of your problems etc and you need to be mobile, if they inform you that no courtesy cars are available, ask them to out source one for you, they have a contract with Enterprise Rent a Car, this rental firm supply all of Hondas overflow problems.

 

Ive just found these details for you

 

Honda Customer Contact Centre : 0845 200 8000.

 

Honda (UK)

470 London Road

Slough

Berkshire

SL3 8QY


The retailers worst nightmare !

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Thanks guys. I'll give another call to the garage tomorrow. If no luck I will call Honda. I've got the part order number from the dealership, so they should be able to see it's been on order since early may and the estimated delivery date.

 

Also I was thinking, knowing from experience in working for financial institution dealing sometimes with complaints, would it be a good idea to write something more formal or should I try calling first?

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Thanks guys. I'll give another call to the garage tomorrow. If no luck I will call Honda. I've got the part order number from the dealership, so they should be able to see it's been on order since early may and the estimated delivery date.

 

Also I was thinking, knowing from experience in working for financial institution dealing sometimes with complaints, would it be a good idea to write something more formal or should I try calling first?

 

I always try to keep things in writing, in your case it depends if you intend to pursue for your loss of earnings etc, i am sure after your call tomorrow this matter will progress in your favour !

 

Keep us informed of developements, good luck.


The retailers worst nightmare !

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Called Honda at the number you gave me. After explaining the whole situation, they got back to me about half an hour later. The part "steering rack" is being shipped from Japan. Estimated time of delivery is 8th July. So over a week quicker than originally. Not brilliant but still would be good if they can keep up with it and get the car ready for 16th.

 

I called them later asking about courtesy car, but as this was not a fault but accident, they cannot offer me a car for the time of waiting.

 

Is there anything else I can do or is it now just waiting?

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Called Honda at the number you gave me. After explaining the whole situation, they got back to me about half an hour later. The part "steering rack" is being shipped from Japan. Estimated time of delivery is 8th July. So over a week quicker than originally. Not brilliant but still would be good if they can keep up with it and get the car ready for 16th.

 

I called them later asking about courtesy car, but as this was not a fault but accident, they cannot offer me a car for the time of waiting.

 

Is there anything else I can do or is it now just waiting?

 

TBH, it does sound tricky, if i was in your position i would exaust all the complaint channels, if still no joy, i would threaten them with the small claims court, i would hire a car and forward them the receipt for the amount paid, this may make them worried and they might back down and offer you transport on the other hand you might have to call there bluff and submit a county court claim.

 

Other posters more up to speed on this procedure may be able to assit you, what ever you decide, good luck.


The retailers worst nightmare !

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