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    • Hello guys how are you. I have just got off the phone to the mediator. The garage who initially changed the turbo are saying that I haven't suffered a loss of £480. (Cost of labour to renew turbo) The only loss I have suffered is the £185.01 I had to pay the independent garage to repair the turbo. They said a gasket can go at any time. ( In this case almost immediately after I drove away after the repair) and that I didn't follow the complaints procedure.   Mediator says if it goes to court I have to prove a loss.   And the £185.01 is the only loss...   The initial garage said they would pay the 185.01 and my court fee, I'm not sure what to do, this is what I wanted in the first place but I've had to come here to get it.
    • https://www.independent.co.uk/news/uk/politics/labour-jeremy-corbyn-suspension-court-b1793627.html Labour attacks Jeremy Corbyn for ‘wasting time and money’ after court defeat over suspension from party "Party to seek to recover legal costs from its former leader – in new deterioration in relationship"   Hopefully Carbuncle will now just *** off. Fat chance Perhaps the Labour party should just take a leaf from Corbyns own book and deselect him and force a by-election?
    • Piers aint that bad (recently amended opinion)  
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

AA loans/BOS - claim discontinued


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Hi All,

 

I have an unsecured loan and due to redundancy have not been able to pay since January this year. Balance over £20,000 monthly payment £285. Went via CAB and proposed a token payment of £1/month in March.

 

Anyway all seemed well as proposal accepted - seemingly as an ongoing amount. Checked my credit file and noticed it was defaulted as of 31/7/09.

 

Original Creditor is AA Loans and currently dealing with Blair, Oliver and Scott (Bank of Scotland DCA).

 

As I had no default notice queried with Blair Oliver Scott in August, recorded delivery complaint. No reply back so today I rang to find out what had happened. BOS stated AA would have defaulted before account was passed so needed to speak to them. Rang AA and initially said default issued in April, when I asked about proof of postage came back and said that they had not issued a default but asked BOS to send one when account was 4 months and a penny in arrears.

 

BOS had already stated that no default had been issued so I am asking what should I do now. If they have defaulted me without sending a default notice what does that mean.

 

What is the best way to move forward without getting into trouble. They accepted £1/ month without any fuss so I really do think they have done the right thing. What options are open and what advice would people give

 

:):):)

 

Many thanks

Mike

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Hi,

I think you will need to get all that has been said in writing as they will deny everything that has been said otherwise.

As I see it, you could demand they remove the default but then there is nothing stopping them issueing another one (properly)

If you are asked to deal with any matter via private message, PLEASE report it.

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I presume they haven't terminated the account.....as Foxy has said they can issue one whenever they like, if they terminate and then issue a DN, then it would be an unlawful recission of contract.

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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On the phone both AA Loans and BOS stated the account was terminated but I do accept the only evidence of this is my credit file. AA stated that they terminate/default when an account is 4 months in arrears. As I was paying £1 a month this occurred when the July payment (5th) was missed. So they action-ed the default early July. However rather than send a default they stated they asked BOS to send it.

 

Date of default 31/7/09 on credit file, which fits with the dates stated by AA Loans.

 

How can I get this in writing without them trying to cover it up, they are no doubt aware of an issue following my phone calls yesterday asking when the default was issued.

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You could try and SAR each company but to include all call transcripts (you may need to give them dates of calls)

With a little luck, any screenshots may show what they have done with the account

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If you are asked to deal with any matter via private message, PLEASE report it.

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  • 3 weeks later...

OK, so they have now gone into cover up mode and I need advice as something seems wrong. I received the attached letter which now confirms they die not send the default and low and behold they have sent another.

 

What a shame I alerted them to the error, silly boy. Is there anything worth trying nor. I am obviously going to complain but feel as though they will cover everything up.

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First off you dont say anywhere that you've checked that the agreement is enforceable - is it?

 

Unless they terminate, they can issue a DN when they like

 

and

 

Dont ALWAYS assume that there has to be a default notice issued for a default to be placed at a CRA. CRA's are commercial entities that tend to do what their customers want to be done.

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I've unapproved the offending post, could you re-post without the personal details :)

 

Thanks for the 'heads up' mandyjayne.

 
 

Any advice I give is honest and in good faith.:)

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Help keep it up and active, helping people like you.

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Oops, think I'll ask if they would consider a write off in the circustances. Re the agreement it is valid apart from I believe it should be a multiple agreement as it paid off a previous loan.

 

In one sense a shame as they accepted my pound a month but its not as if they need the money really.

AAResponse.pdf

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They confirmed the account was terminated when I first asked the question in October. As I said at first, reply now confirms no default was issued at this time. As I was made redundant and have nothing to pay I am going to simply write and ask the account be written off in the circumstances. Nothing to lose I guess!

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  • 3 years later...

Just to Update everyone - AA issued proceedings on this and I had a no win no fee solicitor defend

RESULT : Feb 2012 claim discontinued.

Great as balance was still over £20Ka

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Thanks for the update and very well done.....can you tell us a little more about why they discontinued or what they did wrong ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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As above - they issued proceedings without a default notice. The agreement should also of been a multiple agreement but it was not. I have not seen the defense put forward as I was just happy to see this disappear! :wink:

 

Extract from dispute letter below:

 

"I am writing in response to your letter dated 9th November 2009 which now confirms in writing that no default notice was issued at the time our account with AA Personal Finance was terminated. Before your letter we could not be sure this was indeed the case and I thank you for confirming this in writing. Without being sure I felt it would not be wise to dispute the debt in case, for example the notice was simply lost in the post. Now your letter has made clear no default notice was issued we formally dispute the debt and we no longer offer token payments. This letter should clarify why we feel this is reasonable in the circumstances and propose a solution to this issue in both our best interests.

The consumer credit act makes it clear that a default notice is required when an account is terminated. Both AA Personal Finance and Blair Oliver and Scott made it clear on 27th October that the agreement had been terminated. This was also a matter of record with the Credit reference agencies for some months before this. What appears beyond any doubt now is that the account was terminated by AA Finance sometime in March 2009 without a default notice being issued. Your letter now serves as written confirmation of this and as a result finally clarifies what actually happened.

Therefore AA Finance terminated the agreement unlawfully at or around March 2009. Under elementary contract law in England AA Finance become the contract breaker and we are the injured party. As a result we have the option to accept the termination and recover damages. It is worth noting the following case in support of this position. In Golden Strait Corporation v Nippon Yusen Kubishka Kaisha [2007], Lord Bingham said:

 

'The repudiation of a contract by one party ("the repudiator"), if accepted by the other ("the injured party"), brings the contract to an end and releases both parties from their primary obligations under the contract. The injured party is thereupon entitled to recover damages against the repudiator to compensate him for such financial loss as the repudiator's breach has caused him to suffer. This is elementary law.

For clarity we ACCEPT THE CONTRACT TERMINATION given the circumstances.

So what does this mean, well the agreement is terminated now and as a result neither of us bound by its obligations. In addition you cannot now correct this by the issue of a Default Notice which you appear to be trying. There is no longer any agreement between us on which to serve such a notice. The only debt which we possibly now legally owe as a result is the arrears when the account was terminated. In your letter you states this is £581.34, which may or may not be correct.

Moving on from this I would ask you now to review the original agreement. The agreement may be unenforceable anyway as it is not set out as a multiple agreement. This is required by the Consumer Credit Act 1974. Part of this loan was kept by AA Finance to clear our previous loan. This means this was a multiple agreement and the original agreement was therefore wrongly drawn up. This in itself means it is also questionable whether a court would be able to enforce the arrears owed at the time of termination, namely £581.34.

Bearing in mind both these issues and in an attempt to save time, effort and future costs I ask you give serious consideration to the following simple resolution. Write off this account and remove all details of the account from the credit reference agencies."

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