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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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Egg are so far 43 days late with my CCA request


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I CCA'ed Egg on the 9th of July but to this day I have not received anything, that's 43 days since my request.

 

I sent the Letter 1st class recorded but via Royal Mail tracking, no information indicating the letter was delivered so I put in a claim with Royal Mail for a refund.

 

They have returned to me with proof that the Postal Order which was sent with the CCA request, has been Banked!.

 

Please can some one update what to do next.

 

Many Thanks

 

Mark

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I CCA'ed Egg on the 9th of July but to this day I have not received anything, that's 43 days since my request.

 

I sent the Letter 1st class recorded but via Royal Mail tracking, no information indicating the letter was delivered so I put in a claim with Royal Mail for a refund.

 

They have returned to me with proof that the Postal Order which was sent with the CCA request, has been Banked!.

 

Please can some one update what to do next.

 

Many Thanks

 

Mark

 

Well Egg have now broken the law because:

 

a) they've not responded to your CCA request

 

b) have cashed a postal order which was not meant for payment on the account

 

c) have not supplied a signed CCA which means the debt is not enforceable so they should never have cashed the postal order.

 

I think these is a follow up letter you can use?

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

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You don't have to do anything unless they or some other lowlife tries to pursue.

 

But you can send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

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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  • 1 month later...

I'm still waiting for my CCA request to be honoured, the follow up letter time scale of 14 working days has once again expired on the 12th Sept 09. The follow up letter was also not showing as delivered on Royal Mail track and Trace, but the orginal request was not showing as delivered either but royal mail confirmed postal order was banked so I have made a compensation claim with royal mail to see what they say about the delivery.

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Well Egg have now broken the law because:

 

a) they've not responded to your CCA request

 

b) have cashed a postal order which was not meant for payment on the account

 

c) have not supplied a signed CCA which means the debt is not enforceable so they should never have cashed the postal order.

 

I think these is a follow up letter you can use?

 

 

Incorrect, Incorrect, Incorrect.

 

There is no law that has been broken.

They have simply failed to produce a valid CCA in reply to your request within the time limits.

 

A simple Letter that cerbs has posted you, should be sent to them via recorded delivery, this then places the account in dispute and demands that they do not pursue any futher collection activity on your 'alleged' account, including marking your credit file adversley.

 

Katpuss, not responding to a CCA request is not against the law, who has said the postal order was cashed against the account?? Even if it was, again this is not against the law, and cashing a postal order and failing to supply a CCA is still not against the law!

 

I trust you mean well, but there are those who might take your advice as gospel and end up in a worse position through bad advice, unless of course you have documented evidence and links to your advice??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I'm still waiting for my CCA request to be honoured, the follow up letter time scale of 14 working days has once again expired on the 12th Sept 09. The follow up letter was also not showing as delivered on Royal Mail track and Trace, but the orginal request was not showing as delivered either but royal mail confirmed postal order was banked so I have made a compensation claim with royal mail to see what they say about the delivery.

 

So long as you have sent them the Account in dispute letter that Cerbs linked above then you do not have to do anything further.

 

The fact that you have sent all your correspondence via RD, whether it shows up or not is proof of sending, so do not worry, this is thirty more times DCA's go to tthe trouble of sending out their threatogrammes.

 

You've sent them correspondence via RD, got proof, and I assume you have a copy of what you have sent them?

 

Place the account in dispute, and wait until they either provide you with a 'legally valid CCA' or close their files.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Send the letter in post #4 again, some idiot has pressed the wrong button on their drivel machine & sent you the wrong template letter. :rolleyes:

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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  • 8 years later...

Please can someone give me some advice.

 

Received "Letter Of Claim" from Howard Cohen Solicitors today who have been instructed by Hoist Portfolio Holding Ltd, who purchased an ex Barclaycard acc.

 

Im sure this account is Statute Barred as no payments have been made to the account or acknowledgement of the debt in the last 8 years.

 

Only problem I had was about 2 years ago when Barclays took out £700 from another account and applied it to this account, but I got them to overturn this and move the funds back to the original account.

 

I dont know what to do, pls can anyone help

 

many thanks in advance

 

M

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10/10 for getting that money back!!!

 

If its now sb'd (as that payment/reversal doesn't count) send our SB letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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this was just for your ref in case it does end up in a formal claim

is the 'letter of claim' you mention a formal pap?

IMO

:-):rant:

 

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had to remove your images

can yo pop your images into one pdf please and attach them.

read upload

 

posting images from hosting sites directly viewable in the msg box forces people that do not have fast internet to slow

and those on mobiles to p'haps waste their bandwidth and money.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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great thanks

yes that's a PAP letter

 

when was you last payment?

 

this is what you do

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

particularly the last posts

 

obv don't request docs they have already supplied

 

reviewing the old merged thread here

I suspect this is now statute barred

you can send them our statute barred letter

in the debt collection section of our library.

 

as for your response form:

 

tick d

I dispute this debt because ...it is statute barred,

 

tick box 8

 

I have enclosed the following documents.. FCA Conc Statute barred letter

 

do not sign the letter print your name only

 

you don't need to provide proof of SB, that's upto them to disprove.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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nope

nope

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Please can someone give me some advice.

 

Received "letter of claim" from Howard Cohen Solicitors today who have been instructed by Hoist Portfolio Holding Ltd, who purchased an ex Egg/Barclaycard acc.

 

History...

16/6/2009 Received “Default Notice”

7/7/2009 I sent letter to Egg requesting the CCA

8/8/2009 I sent letter to Egg requesting if I could make token payments to the account and they accepted

20/8/2009 I sent letter to Egg informing them they have entered default for not providing CCA, I sent another letter stating this on 6/10/2009, a follow up letter on 19/10/2009 as no response.

15/10/2009 Letter from Egg stating what they sent constituted as a copy of the executed agreement (which I never received)

1//2/2010 Received another “Default Notice”

2/3/2010 Egg card terminated

4/4/2010 Finally received a response for the CCA request but only received, which seems to be an agreement/terms of conditions with my name and address printed on and pages of terms and conditions. The signed agreement was not included.

4/2/2012 Received letter from Barclaycard stating they are taking over Egg

22/7/2013 Received letter from Barclaycard informing they have passed acc to Robinson Way for collection

26/7/2013 Received letter from Robinson Way requesting payment

29/7/2013 Sent letter to Robinson Way requesting the account be returned to Barclays for resolution

25/2/2015 Barclays transferred £700 from another account to this account to set off against the balance but after speaking to them on phone they reversed the payment.

9/8/17 Received letter from Barclaycard informing me the acc has been transferred to Hoist Portfolio Holding Ltd who are the new owners

10/8/17 letter from Robinson Way stating their client (Hoist Portfolio) have instructed them to agree with me a payment plan

25/9/17 Letter (Pre-Legal) from Robinson Way stating the acc meets their criteria to be considered legal account and if no payment plan is agreed they will instruct Howard Cohen & Co Solicitors.

28/11/17 “Letter of Claim” received from Howard Cohen & Co Solicitors informing me their intention to issue proceedings in the County Court

 

Should I send the PAP form from this group stating acc in dispute as no signed agreement has been received when the CCA was originally requested?

 

many thanks in advance

 

Mark

 

(sorry for the confusion with the other thread)

jpg2pdf.pdf

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