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    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.  Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
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Rejection---Urgent Advice please


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I am about to reject a troublesome car and need proper advice.

Firstly, is this done under SOGA or CPUTR2008.

Are there any template letters available to help me write rejection letter.

I intended to write (rec del) asking the dealer one last time to resolve problem, or give 14days to collect and refund money. Also copy letter to finance company.

Since i don't trust dealer, when should i receive payment--won't let car go on dealers promise of payment in xxxdays.

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You are complaining under SOGA.

 

In your letter, list the points of rejection and then state you wish for a refund.

 

Stipulate a time and date you require the refund should be made by ( eg, by 16:00 hrs on xx/xx/2009 )

 

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Car is Citroen Picasso Diesel, Reg 3/08 but not used until 11/08. Problem is high fuel consumption as compared to last car (2005picasso diesel) 5-7mpg worse, but varies widely.

Supasnooper, please explain why claim through SOGA and not CPUTR 2008. The latter encompasses "misleading" to mean information "ommitted" as well as false information given.

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So your only reason for rejection is that it does not do as many miles per gallon as your last car?

 

You purchased it in March 2008 but did not use it until November 2008 - is that correct ?

 

What 'misleading' information were you given ?

 

What information was 'omitted' ?

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Car was one of a large batch registered but not sold at time. Dealers do this from time to time to get manufacturers bonus. Not quite sure what you mean by ONLY reason for rejection. People don't buy small diesels to regularly get fuel returns of under 50mpg. This car has only twice since 1/11/2008 returned over 50mpg. My previous Picasso only once returned under 50mpg in 3-1/2 years running, and that was because it was thrashed during an emergency journey, then used on very short runs.There were also brake failure problems at one stage.

As an oap fuel economy is very important to me.

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Ok, so you purchased the car in November 2008 ?

 

Were you told by the dealer how many miles per gallon you 'would' get from it ?

 

How do the figures tally with those given by Citroen ?

 

I am trying to get the full picture so I can help.

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Yes, 1/11/2008, 7miles on clock. Salesman did not quote mpg figures as he was told that this purchase was a direct replacement for 2005 Picasso.

The official figures for Picasso diesels (110bhp) i have met regularly with old car, but not this one. Citroen Uk say this car is "within their perammeters" but refuse to inform me what exactly these perammeters are!!! One of the reasons for buying like for like was the good fuel economy. The 5-7mpg difference is the difference between the car being acceptable and not.ie the difference between mid 40's and low 50's.

Still can't figure which is best way to move---SOGA or CPUTR.

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The official published figures are (mpg):

 

Urban cycle 29.7

Extra Urban 47.1

Combined 38.7

 

So they are within the parameters.

 

The length of time you have had the car means you will have accepted it. You only have a 'reasonable' time to reject and though reasonable is not defined, 8 months will be outside what is deemed reasonable.

 

If the car is not of 'satisfactory' quality, you should have rejected it sooner. I fear that the time and reason are against you and any refund, should you get one, will be greatly reduced.

 

This would be under SOGA 1979.

Edited by Conniff
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Your figures must be for PETROL car. Official figures are 44 64 and ave. 55mpg. Did not make complaint regards fuel until car had exceeded 3000 mls. as it states in handbook that engine will not reach full potential until it has covered at least this milage.

The reason i believe i can have them under CPUTR is sec6 Misrepresentation. According to Citroen Uk there would have been some technical changes to engine and certainly to exhaust, which may result in higher fuel consumption. Salesman did NOT mention this. These engines are highly technical and computer controlled.

I have a gut feeling that what happened was UK Govt. dictated that all diesel refined from summer 2008 had to have 5% biodiesel added to it. Citroen did not reamap these engines to cope with this new mixture. Biodiesel at 30% inclusion is wreaking havoc on some new engines, and there have been massive problems with HGV's run on this veggie oil additive.

PS. Spellchecker gone to kip!!!!

Edited by scaniaman
memory loss
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Ok - I got those figures.

 

Those figures are done in accordance with EU regulations on a rolling road to simulate driving and by technicians. You will never be able obtain these figures on the road. This does not mean the car has been misdescribed, it means the method at which they are tested is wrong.

They are done to a standard so that they can be repeated identically for every car, they have no meaning to actual driving.

Even just opening a window can drop the mpg.

 

You can try, but I fear you will have no luck rejecting the car and certainly won't get all your money back as you have had enjoyment from the car and any court will take that into consideration.

 

You must do the rejection in writing and should send it recorded delivery.

Edited by Conniff
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Thank you all very much indeed for your replies. Had letter written last evening but left SOGA OR CPUTR blank pending advice. Have now completed letter and have decided to give the CPUTR route a go. For anyone interested to know the sort of pond life i am up against, log on to arnold clark-blagger.com and also google arnold clark complaints. This site also has info under garage services, and vehicle manufacturersetc etc.

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I don't suppose you have asked the dealership to update the engine management software have you? With extended service intervals, it's possible that there have been updates since the issue was investigated. Also, there are set procedures set by manufactuers to measure consumption, have you asked for this to be done, requested help from Citroen technical etc. I've dealt with many of these MPG issues in the past and frankly have never ever found fault with the vehicle. With respect, I think given the time you've had it you're on a hiding to nothing in relation to rejecting it.

 

It helps the dealer, manufactuer and yourself to be pragmatic about it. As an ex service manager, a customer threatening this and that got them nowhere. However, one who asked for a reasonable logical explanation got help over and beyond what is usually called for.

 

I would think by your name you have a close affiliation to trucks so I can understand your concerns with fuel consumption!!

 

If I can help with finding out if anything is actually wrong with the car please don't hesitate to contact me.

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Thanks Heliosuk. When i first complained they Supposedly updated the ecu with latest software. Have asked ****roen for help, and how someone in Slough can come on the phone and tell me there is nothing wrong with my car simply by what a computer says is beyond me. There is a diesel expert on Citroen Picasso Owners Club site who suggested all the things to try and the local dealer didn't want to know. I am dealing with a branch of Arnold Clark here--says it all. Why can't anyone just explain in plain english why it is that for 3+ yrs i regularly got over 50mpg from my previous Picasso and i can't get this return from a new car. The people i am dealing with rely soley on what a computer tells them and can't / won't investigate any further as ****roen won't pay them under warranty.

Your bit about a customer threatening them---well, there's a story, which i can't divulge at this point.

I will take them to court if i have to as i have a pretty fair record of winning court actions, especially against large companies. As stated many times before, ****roen tell me that the car is within their parameters, but refuse to inform what these parameters are. Being an ex service manager you will know that no one buys a small diesel to accept less than 50mpg.

I may not be a brain surgeon, but im'e not as daft as buy a duplicate car if the first one did not tick all the right boxes. Frankly, i don't really know how/ what to tell you for you be able to advise me on what could be wrong. The sellers would dearly love to blame the problem on driving technique, but can't answer how i previously got acceptable results, or why the figures from this car are so erratic. Worst mpg =43 best (once) 55mpg. I am ill at ease speaking to them, and they me, because they know i had my own garage (mostly hgv work, but some cars), I, because i was out of the game due to a serious industrial accident, before all this electronic stuff came in. If you think you can help, i would be most greatfull.

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How are you measuring the mpg, is it by onboard computer or are you filling to the neck and seeing wht you get from a tankful?

 

I think Citroen use particulate filters, these can block and lower the mpg.

 

Are you hoping for a full refund scaniaman ?

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As I thought Scania, an HGV man so when it comes to fuel consumption, it's not a good idea to cross swords with guys like you!! Unfortunately, you and me are a garages worst nightmare but I like to think there are some good ones, and there are if you can find them :-(

 

Is there anyway you can contact me outside of the forum? I'm not interested in the legalities really but as you bought a second one you must like them so to reject the car is a bit extreme and I think a bit of a sticky wicket.

 

I have a few ideas to discuss.

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DPFS has been in use for a while and will most probably be on Scanias car, however, with such a change in the emission control system, Citroen will have to have submitted this for another emissions test and this data will have to be published.

 

We need the model and year, engine no etc to be sure that the figures quoted match up. However again, most cars such as this should be averaging at least 55 mpg. I think it's also reasonable to assume that Scanias driving habits haven't changed though it's not beyond the realms of possibility.

 

It's important that in order to identify the problem that we go to basics, compare like with like and then home in on the possible reasons hopefully identifying the root cause of the issue and getting Scanias problem fixed.

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Conniff. As previously stated, I carry out my tests in the traditional fashion---brim to brim--divide by 4.55 then divide the milage on the trip reading. I have stopped even useing the computer as it was going to give me a nervous breakdown!!!!! Don't see why i can't have a SUBSTANTIAL refund as i have had no pleasure from owning this vehicle.

Both cars FAP fitted.

Edited by scaniaman
dippit
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Heliosuk. If you register with citroen picasso owners club website we can pm or email each other. At first, you have to make at least 5 replys before you can post. There are several threads on this site pertaining to fuel consumption--an excellent site for pic owners. Not used to abreviations on websites-- so what is DPFS.

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Thanks mate, but it will have to wait untill tomorrow. Early start tomorrow as grandson is comming for elocution lessons---It is my DUTY to teach him the correct way to pronounce his SWEAR words--won't tolerate any of this slang stuff.

 

Good job he isn't asking for spelling lessons!!!!!!

Edited by scaniaman
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