Jump to content
  • Tweets

  • Posts

    • Hi All    I've spent 2 weeks without a phone and over 4 hours between phone and livechat talking to samsung about my broke s10e phone screen.   I bought the phone in June 2021 and long and short of it the phone screen broke while in my pocket. I made a call before getting in the car and it was fine. Went to make a call when I got out the car and the screen had cracked and some LCD damage. The LCD damage has now fixed itself. I called samsung to get this repaired and they flat out refused to repair it as it was physically damaged and their warranty only covers manufactuer defects and that all their phones are rigoursly tested. I told them that if all their phones are rigoursly tested and don't break in peoples pockets just like that then my screen must be one with a manufacturers defect and that it is covered by the warranty then. At which point after climbing as high up the chain as I could this was the only answer I would get.    Is there anything I can do here ? I am not lying about it breaking in my pocket. It's got a full phone case only things showing are front/back camera and fingerprint reader and no marks besides from placing my case on. I just don't feel that it's fair that they expect me too pay £190 to fix the screen when it is obviously defective. What if the replacement screen breaks randomly then they will just expect me to pay another £190 I expect.    I've also tried approaching EE who my phone contract is with to which I was advised to go  to samsung or they could quote for a repair or I could early upgrade.   Please any advice would be greatly apreciated I'm at my wits end here.
    • If your ex provides their latest address to any creditor chasing him for debts, you should not be bothered.
    • Npower    https://tinyurl.com/y5krktbw   Octopus   https://tinyurl.com/yxawe4d7   British Gas    https://tinyurl.com/y5ppp8m2   EON   https://tinyurl.com/yxtnu8ou   Scottish Power    https://tinyurl.com/yywu7mh3   EDF    https://tinyurl.com/yahjzwxr   Gov    https://tinyurl.com/prnh38t   Urls take you to utilities suppliers        
    • Complain to Mazda UK.  Tell them you've got the safety recall and you don't want to use Mazda Crap Dealer for the work but your nearest alternative is 40 miles away.  Ask what they suggest you do...   Of course, as you've already got it booked in etc you probably don't want to mess about with it, and it is a safety recall so needs attention.  And your old dealer might not be happy with you - but can they be any worse?  Think about it.  You could just complain and see how they treat you in 3 weeks time when you bring it in...   But I like being awkward... and it can have it's downside...
    • Travellers returning to UK from Belgium, the Bahamas and Andorra will have to quarantine from 04:00 BST on Saturday. View the full article
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
sythe

Coping with DCA's

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4053 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

This is my take on the question of unenforceable debt.

 

A credit aggreement goes into default, the creditor passes the account to a DCA. At that point the debtor quite rightly requests a copy of the original signed and executed credit agreement and a statement of the account showing all debits and credits.

The DCA pass the debt back to the creditor, as they know without those documents they cannot legally pursue the debt. They may try frightening the creditor into paying but in truth they have no right to do so. So the creditor passes the debt to another DCA and the whole rigmarole starts again.

 

The debtor should therefore proceed as follows:

 

CCA the creditor directly, at that point the account is in dispute and cannot be inforced by anyone until the relevant documents are supplied.

 

The only correspondence that matters now is a letter to the debtor from the creditor containing.........yes you've guessed it "a copy of the original signed and executed credit agreement and a statement of the account showing all debits and credits."

 

Should anyone contact the debtor whilst those documents are in request, they are in breach of the Consumer Credit Act. The debtor should then write making a complaint to that effect. If the complaint is not dealt ie the requested documents turn up, then after 8 weeks a complaint can then be sent to FOS. Eventually there will come a point when the creditor simply runs out of agents who are not the subject of a complaint.

 

The statue of limitations will eventually render the debt uncollectable.

 

"SIMPLES" :grin:

Share this post


Link to post
Share on other sites

It all depends on how a 'dispute' is defined, a bank/financial organisation may not think that the account is disputed, and you of course do see it as a dispute (and without an agreement my opinion it certainly is a major dispute as laid out in the Consumer Credit Act)

 

Don't forget that the OFT say this too - both these below come under the OFT's titles of 'deceptive and unfair methods' and 'physical/psychological harrassment'

 

2.6 h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

2.8 k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

  • Haha 1

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

Share this post


Link to post
Share on other sites

Hi 42man.............Yip thanks for that.........I've only became a CAGGER this month.........."the penny is really beginning to drop"......

 

......just wish I'd found this website sooner..........anyhoo I'm feeling so much better about dealing with my debts now, all thanks to peolpe like you.......:Dkrj8

 

PS...........I'm not familiar yet with how to "PROVIDE A LINK TO MY THREAD"....??????

Edited by karenruthj8
adding more

Share this post


Link to post
Share on other sites

and it would be great if all creditors/dca's work in this manner adn most unfortunatley don't and won't agree with the dispute and guess what the OFt and FOS are as much use as a meerkat on abouncy castle and have agreed with the creditor many times and say take them to court let them decide and donlt take any futher action

 

ida x


Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Share this post


Link to post
Share on other sites
and it would be great if all creditors/dca's work in this manner adn most unfortunatley don't and won't agree with the dispute and guess what the OFt and FOS are as much use as a meerkat on abouncy castle and have agreed with the creditor many times and say take them to court let them decide and donlt take any futher action

 

ida x

 

 

hi ida...............that has not been my experience. In fact I complained to a DCA recently about contacting me whilst the account is in dispute. They say that they didn't know about the dispute, but have passed the account back to the creditor in question..............so far so good. I have replied to that DCA asking them to prove that they didn't know, as I can show that they must have known. I've given them another 5 weeks to deal with my complaint, as they have already wasted 3 weeks trying to deny their wrong doing. If they cannot refute the validity of my complaint I'll be passing the matter on to the FOS. In that way I can quite reasonable refuse to deal with them again. However tedious this may be, if I keep repeating this process long enough, I'll outlast them.................

 

How could anyone possibly go to court, if they cannot supply a copy of the original, signed and executed credit agreement.............it is their failures to to so that has caused the whole dispute........

 

.......so I'm at a loss to understand where you're coming from...........it would seem to me that the FOS are infact supporting the debtor when they advise a creditor to shut up and just take the debtor to court, if they can. The FOS know that by continuing to breach the Consumer Credit Act...........in the way that they do they are infact laying a paper trail that will only serve against them, should the matter ever actually get to court. I hope you can see what I'm saying here.

 

regards krj8;)

Edited by karenruthj8

Share this post


Link to post
Share on other sites

yes i can see but what i was saying is that you have been lucky, many people are being hounded by dca's that cannot produce a valid cca and have proceeded with court action on which people have good grounds to defend but unfortunaltey judges don't always seem to understand the cca act itself and some unfortunatley have grnated decress/ccj without cca.

 

it not always as easy to say this account is in dispute and expect them to accept it

 

ida x


Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Share this post


Link to post
Share on other sites
yes i can see but what i was saying is that you have been lucky, many people are being hounded by dca's that cannot produce a valid cca and have proceeded with court action on which people have good grounds to defend but unfortunaltey judges don't always seem to understand the cca act itself and some unfortunatley have grnated decress/ccj without cca.

 

it not always as easy to say this account is in dispute and expect them to accept it

 

ida x

 

 

Ye...........if only it were the case that creditors realised............before they can put an account into default they must have to hand, the original agreement........really is is quite simple + logical....................unfortunately creditors are huge blind organisations filled with people like the "Voegons" in "Hitchhikers Guide to the Galaxy".......form pushing morons.

 

.........I'm thinking about starting a new thread entitled "creditor are anarchists"

 

 

kind regards krj8;)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...