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    • Okay, that will suffice as a letter of rejection – although I don't understand why you have to write pages and pages of everything instead of simply making the point that you need to make. The same with your claim form. It's a great shame that you haven't actually stated your your main cause of action on your claim form which is that you asserted your statutory right to reject and that the dealer breach their statutory duty by not accepting the rejection and refusing to refund. This is a glaring omission and at some point you have to remedy it. If you haven't actually claimed that then you haven't given the dealer an opportunity to defend on that particular point – and of course by not bringing it up now, in principle you are not asking the court to address that point. You should amend the claim. Once you sue on the basis that you have asserted your right to reject and that the dealer refuses to comply, then you have pretty well 100% chance of winning. However, you are not exploiting this because you have not raised this in your particulars of claim. Strictly speaking you should amend the claim and then the dealer should have a further right to put in a defence. Of course I may have missed it in your nine page particulars of claim so please will you confirm that you did not raise the issue of rejection in your claim form.
    • Thanks - I got this off ABTA website   If there are significant changes to the main characteristics of the holiday that mean a significant change to the holiday as whole you are entitled to an offer of an alternative holiday, or a refund of your holiday cost. ABTA cannot determine what is and isn’t a significant change to your particular package holiday, however a general overview of what might be a significant change is below:   a change of resort;  a change of accommodation to that of a lower category and/or price;  a change of flight time or delay of flight of more than 12 hours (in respect of a 14-day duration.  A change of flight time less than 12 hours may still be regarded as a significant change in respect of a lesser duration) or involving a reduction in time spent at the resort which is significant in relation to the length of the holiday;  a change of airport that's inconvenient to you.  If the holiday or trip can’t actually be provided due to closures and limitations, then you have a right to a refund.   On Jet 2 T & C's it does say a change of accommodation is a minor change,   however,  I think that is subjective as what is minor to one person is possible significant to another and to me it is significant that the hotel is closed.   They have not even said what they would offer me so I agree I don't think we should pay any balance until this is at least discussed.   There are only 2 other hotels in Punta Prima which offer all inclusive and both get poorer reviews that the one we booked.   I know this won't make a difference to Jet2, however one of them is also 1.5km from the beach! Our booked accommodation was actually on the beach.   I am so frustrated with Jet 2 and unsure where to turn now.
    • Well you need to show some financial reason for the temp lapse in reasoning..   And it would help to mention and send proof that since the event in January...you have used and purchased your own passes regularly so have learnt from your mistake   I would get this in today Time is tight to court case
    • Hi    Thanks for your comments    Here is my 1st letter of rejection sent by RD and amended Def response    Hope this is a bit better now Redact 1st Letter to DF Autos complain about VW polo.doc Defendant Response.doc
    • You should certainly pointed out to them as quickly as possible. Do in writing. However, you will need to assess the cost of the damage – the repair –. I don't know anything about this vehicle – is a new vehicle? Although the damage might be unsightly, is it very important to you to get it repaired? Or would simply a financial compensation satisfy you?  
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DDWales

Intrum Justitia-shove it! Thanks to the Caggers!

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My story..had a Mastercard from Natwest which was passed on to I.J.

From all the knowledge gained on this site (and from help from various Caggers:)) I have had fun with these people who are in my opinion one of the worst DCAs ive ever had the misfortune to come across-although im reliably told that Lowells are worse;)!!

But its fantastic what a little knowledge can do. I dont get any telephone calls and any letters recieved with 'we are going to increase the amount you have to pay' are sharply met with 'yeah...right' and im left alone. All thanks to CAG!!! :D:);)

 

Im happy to pay the monthly amount off as it is small but id like to take things one step further so need just a little info. Im going to do a SAR but to who do i send it to Natwest or I.J? Im pretty sure i have alot of charges on this account so id like to get this off asap. Cheers! :)


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Cheers! Will do:)


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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You shouldnt be paying anything at all if it hasnt been authorised by a county court 1st.

Demand full refund for what youve paid already, then report them to the OFT.

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You shouldnt be paying anything at all if it hasnt been authorised by a county court 1st.

Demand full refund for what youve paid already, then report them to the OFT.

 

Really? Im confused. I did not know this. I cannot recall any letters sent to me stating from ethier NW or IJ saying that this had been authorised. How can i find this info out? This is very interesting!:cool:


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Its plain & simple really...if the whole thing wasnt authorised by a county court, then they will not have been legally entitled to a penny off you in the 1st place.

Any monies youve paid have just been as a result of threats etc..

There are laws against that type of thing last time i looked?

I would enquire to them about this & demand proof as to weather it had been to court or not.

If not..demand full refund & report them to all the authorities etc..

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Ok willl do. Are there any template letters on here to send to these people?


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Hi, if you know you owe the debt and are happy to pay it off at what you can afford (CAG do not condone avoiding paying your debts) then you should carry on doing that. You can also start the process of reclaiming charges applied to the account which is where the SAR comes in as you should receive all information they hold on your account (including a copy of the original signed agreement).

 

If a DCA demands payment which is in excess of what you can afford they cannot force to you pay what they demand - the only way you can be forced to pay is if they were to take you to court and the judge orders you to pay (but the court will only order you to pay what you can afford). However, they would be very silly to take you to court when you are paying regularly so in reality they are just making empty threats in the hope that you increase your payments.

 

If you genuinely feel that the DCA's are behaving outside of the OFT guidelines then you should report them to Trading Standards in the first instance.


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Thanks Ell-enn. Will find out whats what first but will definately SAR Natwest then take it from there. My guess is that the money owed will be wiped out due to the amount of charges :D.

Up until recently i have always thought that when banks/DCAs tell you you have to pay what THEY say a week/month then that was it. Every time ive said i couldnt pay/increase the amounts ive then been threatened with the usual nonsense and caved in due to lack of knowledge :eek:..now i know better:).

 

If anything naughty does go on from here on in then TS will know about it asap:cool:

Edited by DDWales
spelling

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Just to update.

I.J are keeping things sensible so no CCA going in as yet ;) Had a very strange phone call from them...basically telling me that my current repayments are fine and thats it-what a strange lot they are!! Knew that already!!!??? :rolleyes:

I also SAR'd Natwest last week with regards to this (recorded delivery of course) which is now up in Edinburgh with them so waiting for the response.

Will keep you updated as and when


If you believe that this post has helped in any way please click on the star to the left

 

DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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