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    • 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.
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Up date on Payday Loans any advise welcome


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Thanks to all the advise on here, I am tackling these companies my updates are follows:

 

PTP have passed Clarity, I have emailed but keep receving the same email from them saying I am ignoring them!

 

Uncle Buck - I offered them £25.00 per month but the refused that and now tell me they are taking me to court and they will contact my employer!

 

Wonga - Just ingnoring my email regarding payment plan and said I can only pay back the full amount or they take me to court!

 

QuickQuid - Ignoring my emails again and keeping sending me emails saying I have defulted!

 

ONe Month Loan - Same as Quick Quid

 

Cash Genie - They are responding to my emails, and hopefully I have will have a repayment plan set up with them very soon.

 

As you can see some companies are just ignoring my offers and just saying that they will process through the courts, contact my employers etc.

 

Thanks for any advice.

 

Sharon

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Have you applied for the CCA in all cases?

 

Have they written to you and said that they will contact your employer?

 

Are you dealing with these people on the phone? If you are, then I presume you are recording your calls because no sensible person would get involved in telephone conversations with these people without making sure that they were recording the call with a view to using it in evidence at some time in the future.

 

As you are recording the calls, I suggest that you send their threats as evidence as part of a complaint which you will make to the OFT and to trading Standards.

 

Don't expect any reasonable dialogue with these people.

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Hi Sharon

 

QQ & OML will be in touch in time. OML usually accept reasonable repayment plans and QQ will pass to DCA, they will sometimes make arangements to collect the money over 3 months. Great if you can afford it.

 

Clarity are generally fine to deal with (you may get away with as little as a tenner a month)

 

Wonga are a nightmare, all sorts of threats but yet to see them venture to court. Courts would no doubt take a dim view of their refusals to negotiate a repayment plan.

 

Sounds like Cash Genie are learning as they could be quite nasty when it suited.

 

Overall you are on the right track.

 

Rob

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Hi moonsa,

 

Consumer Credit Agreement - template letter is on the site and you need to send a £1 postal order. If they do not respond with 12+2 days the account can be placed in dispute and is unenforceable until they respond appropriately. Even if they do respond (and particularly in this sector) the agreement will very often be flawed in some way - worth scanning to here (minus personal info) and letting the good folk here help you with it :)

 

This is one of a number of tactics to allow you regain some control of these exchanges and start to sort out the liabilities in your favour. In the meantime keep to your plan - email or letter, offer what can afford, if not already send them the telephone harrassment/doorstep visit letter (template on the site), start paying what you have said, then once some stability and control back with you start challenging the charges/overall balances.

 

Best of luck, keep posting :)

MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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  • 2 weeks later...

Sharon,

 

Please contact our Senior Management team on 0845 956 9848.

 

Cash Genie.

 

 

Thanks to all the advise on here, I am tackling these companies my updates are follows:

 

PTP have passed Clarity, I have emailed but keep receving the same email from them saying I am ignoring them!

 

Uncle Buck - I offered them £25.00 per month but the refused that and now tell me they are taking me to court and they will contact my employer!

 

Wonga - Just ingnoring my email regarding payment plan and said I can only pay back the full amount or they take me to court!

 

QuickQuid - Ignoring my emails again and keeping sending me emails saying I have defulted!

 

ONe Month Loan - Same as Quick Quid

 

Cash Genie - They are responding to my emails, and hopefully I have will have a repayment plan set up with them very soon.

 

As you can see some companies are just ignoring my offers and just saying that they will process through the courts, contact my employers etc.

 

Thanks for any advice.

 

Sharon

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