Jump to content


  • Tweets

  • Posts

    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
  • Our picks

Please note that this topic has not had any new posts for the last 4107 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

hi all i hope someone can help me,a while back i sent off for a credit agreement from lloyds tsb,as scm were hassling me,anyway,i get a letter today,they do include a credit agreement for a loan i took out,which was for £2000,but they have also included a current account which has no agreement and it is for £4000,the letter i received to day goes as follows....

 

our client lloyds tsb

account number ********** £4259

loan agreement ************ £2000

 

further to your recent request,we hereby enclose a copy of the credit agreement.(yes they have included one for the loan account)

 

the current account application is no longer available as it is more than 6 years old and not subject to the consumer credit act.

we await your repayment plans.

 

can anyone tell me what to do,i fully accept the loan agreement,but they dont have one for the account???

Link to post
Share on other sites

I think you had better post up what they have sent with details blanked out so you cannot be recognised and let people have a look at validity, dont think current accounts come under the cca but anyway let people have a look and perhaps you can get some more help

Link to post
Share on other sites

i have posted exactly what they sent,the only thing is..i was thinking about the actual credit agreement that they sent me,im pretty positive that the loan agreement was taken out before the date that is on the actual agreement,so could or would thay of changed the date?and do i now send off a sars request??

Link to post
Share on other sites

Hi Carteroo :)

What Debt4get means is that you need to scan the loan agreement they sent and post it up (best way to do this is via either tinypic.com or photobucket) after blanking off your personal details/account number, so we can check it for enforceability.

The current account doesn't come under the CCA in the same way as loans/credit cards do. However if you are likely to have any unfair penalty charges ie overlimit fees, unpaid cheque/DD fees etc then yes you do need to send a SAR. The link is below.

Hope this helps,

Elsa x

  • Haha 1

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites

i will upload the agreement abit later,i personally think its enforceable,just im abit curious about the date,i swear that i took the loan out a couple of years earlier than the date thats on the agreement...and also,who do i send the sar to.scm who are acting on behalf of lloyds,or do i send it to lloyds themselves?

Link to post
Share on other sites

Hi again,

I notice there's PPI on the loan. Did you ask for this? Also were you self employed or on a pension or benefits when you took the loan out?

The uncancellable bit depends on the circumstances in which the loan was taken out.

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites

If it was missold you can claim it back. Search the threads or Google Missold PPI for more info.

Interesting about the date...do you have any bank statements predating the agrrement they sent, showing payments to it?

The full SAR to Lloyds will show it up.

Thanks for the tickle btw :D

Elsa xx

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites

i did send off for copies of my statements to reclaim bank charges,but it didnt show anything but fees,overdraft charges etc,i dont bank with lloyds anymore,so the sar request would be the way to go?

and another thing,i put in a claim to get my bank charges back,but i dont think i put the correct amount down,i think it should be alot higher than i put...so yea,do i put another claim in once i receive the documentation back from my sar request??

Link to post
Share on other sites

You'd need to do the full SAR as opposed to the one mainly aimed at fees..the template is in my signature on post 3 :)

From that they're supposed to send ALL the data they hold on you.Specify all data and emphasise anything you particularly require.

I'm not sure about adding to the claim once you've started it..maybe depends how far you've got..you might need to query that specifically on the Bank Charges forum

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites

hey again,i was just reading through the national debtline advice and i wanted to ask something,earlier you said....

 

The current account doesn't come under the CCA in the same way as loans/credit cards do. However if you are likely to have any unfair penalty charges ie overlimit fees, unpaid cheque/DD fees etc then yes you do need to send a Subject Access Request. The link is below.

Hope this helps,

Elsa x

 

and on the national debtline advice area they say.......

 

Debts with your bank – overdrafts, loans

and credit cards

Many people use their current account with a bank or building

society to have their wages paid into and to pay household

bills.This can cause problems if you have a number of debts,

and your current account becomes overdrawn.

With an overdraft you pay interest and charges on the full

amount you owe. If you have a loan with the bank or building

society, the full monthly instalment will usually be taken from

your current account too.This may mean that you do not then

have enough money to pay priority debts such as your

mortgage, rent, Council Tax, gas or electricity.

You should deal with the overdraft and bank loans like other

credit debts, and make an offer of payment you can afford.

 

they are saying treat an overdraft like you would any other credit debt??? im abit confused :confused:

Link to post
Share on other sites

Hi Carteroo,

Don't blame you for being confused, it's quite a complex subject!

It does come under the CCA to some extent but not in the same way as loans and Credit Cards in that it's exempt from some sections of the Act, and as a result there i,s no written/signed consumer credit agreement to request under Section 78 of the act.

However there should arguably be SOME documentation, ie the terms and conditions when you opened the current account, stating interest rates on OD's etc. and some Caggers are investigating whether the bank can legally demand repayment if they can't provide this documentation.

There's an informative thread here debating the issue.

In terms of repayment of an overdraft, as National Debtline says, it should be treated the same as any other debt, once the relationship with the bank has broken down and they start calling the OD in. Then you need to arrange a repayment plan. Obviously its important to check for any penalty charges on the account which would reduce the overdraft if refunded, hence the SAR. No harm in specifying in the SAR that you also require the original documentation relating to your current account overdraft facility!

 

Hope this clarifies it a bit :)

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites

I'm on new ground here myself.. :)

Maybe..

Please can you also supply a copy of the original documentation relating to my current account and overdraft, including terms and conditions and any letters notifying me of the overdraft limit.

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...