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    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
    • Hi everyone,  There were many topics on this issue in the past. May I please have an update if anyone managed to buy or sell the house with the leasehold air space on it? would the bank lend the mortgage?  If I was not informed about the complications when selling the house. instead, they told me that this would add value to the house and sell faster which is the opposite. Can I file the case and dispute it for mis-sold and misrepresentation?  I am in the year 9th and I was not aware of the issue until I wanted to sell my house. There has been no communication since I signed the contract. The company has never contacted or updated me on how much energy the panels generated how much I used etc.    This is a free panel from the government schemes, run by  Freetricity.   Thank you   
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Is my CCa enforceable?


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Hi,

 

I recently asked my bank to send my CCA which they did (dated 2002).

 

Is there anyone that can take a look at it for me and tell me if its enforceable.

 

The only reason im doing this is because TSB keep putting the interest up and im finding it so hard to get the balance down as I pay £100 in interest alone. I asked them to reduce it and they said no, so now id rather not pay them the rest as i have calculated that i have actually paid my bill the rest is now just interest for them.

 

any help would be appreciated

 

kind regards

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Hi all

 

wondered if someone can help me with Link?

 

I had a MBNA credit card which was sent to Link Financial Ltd anyway, sent Subject Access Request

 

Cant find my agreement!

 

Sent second letter advising not acknowledging debt etc.. and will no longer pay blah blah blah

 

Recd letter from Link as detailed below:

 

Unfortunatly at this time we are unable to supply you a copy of your agreement however the FOS have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default if it is a accurate reflection of how the account has been paid. The information commissioners office have also made it clear that a default on a credit file 'accuratley reflects the payments on the account' then the fourth bprinciple of the data protectin act 1998 has been complied with and therefore the continuation of reporting the account is acceptable. they also state:

The failure of the creditor to produce a copy of the signed agreement is not, on its own, evidence that your debt does not exist or that it is not enforceable and should therefore not appear on your credit file, if the crdit grantor can supply some other evidence of the agreement and you have no evidence to contradict this then it is likely to be proper for the debt to continue to be recorded on your credit file.

Therefore if an agreement is not available it does not mean the account is unenforceable and should be deleted from your file. the payments you have made towards your account and the offer letters you have sent are proof an agreement exists'

 

has anyone else come across this response? if so what would you suggest I do?

 

many thanks

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