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    • 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.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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

need help dealing with Vanquis bank please


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Hi all

 

i was hoping someone could give me some advise about what to do about my Vanquis bank credit card. i also have a capital one card that i am having problems with. see here for capital one thread http://www.consumeractiongroup.co.uk/forum/capital-one/208671-being-harrased-capital-one.html#post2280351

 

as mentioned above, i have 2 card's... capitaL one & vanquis. until recently i had managed both of these cards fine. then along came the credit crunch & a 50% drop in my self employed income (no one using taxi's).

as a result of this drop in income, i have not been able to make any payments on either card for 3 months now.

i am also having problems with other debts including council tax and rent arrears, i have addressed the problems with council tax and rent first as they can mean jail and homelessness.

 

i have been receiving... correction ... been getting bombarded with phone calls from both companys, foolishly, i did speak to vanquis on one occasion (3 weeks ago) and agreed to pay them £75 per month (usual minimum payment + £25) although i have NOT made the 1st of these £75 payments due last week. i simply cannot afford it and only agreed to making it under duress. but having read through many threads on here I am now wondering if either CCA is valid.

 

am i correct in assuming that my 1st step with Vanquis is to send a CCA request, & the phone harrasment letter?

 

any advise greatfully accepted

 

Mick

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Hi all

 

i was hoping someone could give me some advise about what to do about my Vanquis bank credit card. i also have a capital one card that i am having problems with. see here for capital one thread http://www.consumeractiongroup.co.uk/forum/capital-one/208671-being-harrased-capital-one.html#post2280351

 

as mentioned above, i have 2 card's... capitaL one & vanquis. until recently i had managed both of these cards fine. then along came the credit crunch & a 50% drop in my self employed income (no one using taxi's).

as a result of this drop in income, i have not been able to make any payments on either card for 3 months now.

i am also having problems with other debts including council tax and rent arrears, i have addressed the problems with council tax and rent first as they can mean jail and homelessness.

 

i have been receiving... correction ... been getting bombarded with phone calls from both companys, foolishly, i did speak to vanquis on one occasion (3 weeks ago) and agreed to pay them £75 per month (usual minimum payment + £25) although i have NOT made the 1st of these £75 payments due last week. i simply cannot afford it and only agreed to making it under duress. but having read through many threads on here I am now wondering if either CCA is valid.

 

am i correct in assuming that my 1st step with Vanquis is to send a CCA request, & the phone harrasment letter?

 

any advise greatfully accepted

 

Mick

 

Yes, The first step is to send a CCA request to both companies. You will need to enclose a postal order for £1 with each request. They have 12 days plus 2 to respond.

 

How old are the accounts?

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and dont speak to them

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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am i correct in assuming that my 1st step with Vanquis is to send a CCA request, & the phone harrasment letter?

 

Yes. For the time being it would be wise to make token payments too, even if it's only a couple of quid each. That way it will show that you are not ignoring them or trying to run away from the debt, just that times are hard as is with a lot of people.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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  • 2 weeks later...

hi again all,

i have had a reply from vanquis, it appears to be a copy of a blank application form, and several pages of terms titled

"Vanquis credit card agreement and full terms"

and another page titled "notice of variation - february 2009"

what do i do now?

Cheers

Mick

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Can you remove identifying information and post the app. form on here. I assume that the pages of terms etc and not actually forming any part of the App. Form, so it is unlikely to be enforceable.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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If you have a digital camera you'll be able to take a decent image using 'macro-mode'.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Hi Mick,

 

As in all requests made, they have probably complied with your request.

 

But there is no way in hell they will have one withyour signature on.

 

Stop paying them and ignore everything except for Court papers which you will defend.

 

Jogs

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Hi Mick,

 

As in all requests made, they have probably complied with your request.

 

But there is no way in hell they will have one withyour signature on.

 

Stop paying them and ignore everything except for Court papers which you will defend.

 

Jogs

This seems to be becoming the norm for CCA requests under s78.

 

The ccc's seem to have come up with a new idea, that they can send a blank agreement from the time, fill in a new one themselves or type up a new contarct, supposedly relating to that time.

 

The statute relating to a "True Copy" dates back to the 1800's when obviously there were no photocopiers or other devices. This meant that any copy had to be hand coppied as the only means of supplying a copy at that time. Also this is the obvious reason for there not being a requirement for signature or date. This is what the ccc's are relying on.

 

The office of fair trading has a take on this, in that it must be a "true copy" and not some reconstruction of what the agreement may have looked like. What the agreement may have looked like, is exactly what we are getting and we should not be accepting this.

 

In short, the intention is that you should receive a copy of your actual agreement ( technology has moved on ) and this is the view of the OFT. CCC'S are using this old terminology in order to circumvent sending out a real copy. The signature box and date are in reality, just a throwback to the 1800's, hand copying.

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  • 2 weeks later...

hi all

i have now recieved a letter from a company called impact (vanquis's in-house collection??) inviting me to contact them and make an offer of monthly installments. it says that interest and charges will be frozen if i make this agreement.

i am concerned that because i took this card out after the new regs came in that i will come unstuck if i don't sort it now.

as mentioned above, the reply i had to CCA request was a blank application form and some terms & conditions.

any advise as to whether i should try and form an agreement with them as offered in this latest letter?

Cheers

Mick

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  • 10 months later...

hi all

 

8 months since i had any hassle from these clowns... until today

 

i received a letter from a company called Cabot

this is the front of that letter

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010197.jpg

and this is the back

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010198.jpg

 

enclosed with the above letter was also a photocopy of a letter addressed to me allegedly from vanquis (which i have never seen before)

that letter is here

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010200.jpg

 

 

am i correct in assuming that my next move it to write to Cabot, informing them that this account with vanquis is in dispute and that vanquis have breached CCA regs in selling it on to a 3rd party. and also that this 3rd party would also be in breach of CCA regs if they where to make any attempt to try and collect / harrass me for this alleged debt.

if this is so, could anyone point me to a template letter for this.

 

Cheers

Mick

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hi all

 

8 months since i had any hassle from these clowns... until today

 

i received a letter from a company called Cabot

this is the front of that letter

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010197.jpg

and this is the back

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010198.jpg

 

enclosed with the above letter was also a photocopy of a letter addressed to me allegedly from vanquis (which i have never seen before)

that letter is here

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010200.jpg

 

 

am i correct in assuming that my next move it to write to Cabot, informing them that this account with vanquis is in dispute and that vanquis have breached CCA regs in selling it on to a 3rd party. and also that this 3rd party would also be in breach of CCA regs if they where to make any attempt to try and collect / harrass me for this alleged debt.

if this is so, could anyone point me to a template letter for this.

 

Cheers

Mick

 

Hi Mick

 

I have recently issued legal proceedings against Vanquis Bank for PPI, default and late payment charges and harassment. They have yet to defend.

 

They have already admitted that I never requested PPI and offered to refund it but with no interest, obvioulsy they have been charging me interest at 50% so we will see what the court makes of this, if it ever gets that far of course! :wink:

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