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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Well that's what they've done!! I sent them the nice long dispute letter (you know, the one to tell them I consider my account to be in dispute). I have received no response to the CCA and inadequate response to the SAR. No agreement, no debt, right? And for the record I wrote to Ruthbridge telling them why I was not paying.

 

So I receive a response today. It says that they have looked at my complaint (did I make a complaint??????) and they can see from my records that the debt was sold to Ruthbridge and I should contact them to arrange payment. I have so many weeks to respond or take it to the Financial Ombudsman, otherwise they will consider my case closed.

 

Well if that isn't completely ignoring the issue I don't know what is. Also, their letter states they have not received payment since July 2003. Does that not make the debt statute barred? So what now? Do I go after the financial ombudsman like they suggest or do you suggest other tactics?

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I would write back thanking them for confirming the last payment date was July 03 and, with that hit them with, NEH NEH NE NEHH NEH :D SB. Do not find your pot of gold at the end of this particular rainbow

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Ruthbridge have a history of buying Statute Barred Debt and then using heavy handed tactics to try and collect. Write back to them telling them that they have not addressed the issues raised in your original letter , however, you may find that they don't have a standard letter to answer the points you raise. Putting pen to paper appears to be beyond their very limited ability.

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I'd also add in to the letter that since you have now advised them that the debt is SB'd, there is no point in further dialogue and all correspondance will be ignored. And should there be court proceedings instigated, you willl vigorously defend, and will seek costs, plus damages for harrassment.

 

Any court will accept that this is all you need to do; you have appraised them of the situation, and need do no more.

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