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    • thought your story rang a bell. https://www.consumeractiongroup.co.uk/topic/416315-knightsbridgecreditfix-iva-treated-me-very-badly-thinking-of-bk-now-help/ you vanished and never cameback. dx  
    • and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
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mrjoolz
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Here is the letter I had back. Decided to scan and convert and paste here.

 

 

Compliance Department

Mere Way

Ruddington Fields Business Park

Ruddington

Nottingham

NG11 6NZ

Tel: 0845 618 7819 Fax: 0115 984 9386

FINAL RESPONSE

Dear Sir

We write further to your letter dated 24 December 2009. Please accept our apologies for the delay in responding.

We assert that the agreement supplied in response to your section 77 request complied with the relevant provisions. We draw your attention to Regulation 3(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 which states a "true copy" must be provided.

A "true copy" need not be an exact copy, though it must contain "every material provision" {Burchell v Thompson [1920] 2 KB 80). Regulation 3(2) allows for certain omissions from the copy to be provided. These include the signature box, witness box and the signature of the customer. Therefore, in the absence of the original executed agreement, a "reconstituted" copy is sufficient for these purposes.

Should you disagree with the above, please provide us with the legal authority upon which you rely.

For the avoidance of doubt, it is wholly denied that the loan agreement is unenforceable, for the reasons given or at all. Furthermore, we do not accept that the account is in dispute.

In any event, we refer you to the recent judgment in McGuffick v Royal Bank of Scotland [2009] EWHC 2386 (Comm), which stated that the following are not classified as enforcement (whether the agreement is unenforceable or not):

reporting the status of any account to a credit reference agency (CRA);

demanding payment from the debtor;

issuing a default notice to the debtor

Threatening legal action

Instructing a third party to demand payment or otherwise procure payment

bringing legal proceedings against the debtor

We therefore reserve our rights under the loan agreement. You are obliged to continue making payments and we reserve our rights to pursue you for any arrears

Please accept this as our final response in the matter

Should the issue not have been resolved satisfactorily, you do have the right to refer this matter to the FOS within six months of the date at the head of this letter, or seek redress via the court system

If you decide to go down either of these routes, please send all correspondence to the address above.

 

Yours sincerely

Welcome Financial Services

 

 

any ideas on what I do now. ????

 

Ta

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I am also watching this thread, very interesting!

 

I am new to all this but surely Welcome cannot decide that there letter is final. They really do think they are a law upon themsleves.

 

I am still waiting for my CCA although i did recieve correspondence from them acknowledging a SAR i did not request!!

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I started asking Welcome for my SAR information back in September, and they failed to provide me with all information, so I sent in CCA request. Once again, I had letter saying they were processing it, but nothing sent back to me at all. So then I sent in letter about account is dispute and they said No to that, and that I should still make payments. I have refrained from sending money and changed my D.Card information, as they took two payments, in one month. They did say they would send one back, but never did. I have no intention of paying any more money to them until I receive my correct and complete file.

 

I was thinking of making an offer to get rid of loan, but again, until I know what it is I owe, less all my charges etc, I am unsure what to offer.

 

:o)

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I am also watching this thread, very interesting!

 

I am new to all this but surely Welcome cannot decide that there letter is final. They really do think they are a law upon themsleves.

 

I am still waiting for my CCA although i did recieve correspondence from them acknowledging a SAR i did not request!!

 

Same here...requested CCA and they confirmed SAR...nothing received so far.

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I spoke to someone in the colleactions departent today, who stated they could take an offer from me to settle but would need to e-mail this to the directs? I owe £14,210 and offered £10,000. It was declined!!! I am upto date with all payments and havent missed do you think this will effect it?

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  • 1 month later...

Hi Post

 

After sending my letter off saying account is dispute, I got a snotty letter back saying they had sent me all my information, although I havent signed for anything.

 

CCA wasnt sent at all.

 

They refuse to accept account in dispute, but I havent had any contact from them since November last year. Do I need to do anything else, or leave it. The actually end date for the agreement, if it was paid off will be either this month (end of March) or end of April. Cant remember exactly

 

What will happen when the end date comes, and nothing more has been paid on the account ?!

 

any help appreciated.

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To Be Honest You Have The Recorded Delivery Receipts Asking For Theagreement

 

Welcome Are Well In Default

 

I Would Ignore, Its Obviouse They Have No Agreement.

 

Fancy Trying To Pass Off A 2007 Agreement On A 2004 One

 

Realy

 

If You Get Any Future Grief, Give A Bell

 

He Debt Exsists, Its Just That It Cant Be Enforced

 

 

If You Require A Definate Answer On The Agreement, Doing A Request Under Cpr 31.16 Is The Answer

 

Ive Used It And It Works But As Welcome Are Quiet With You, Do You Want To Open A Can Of Worms Again

 

Its Your Choice

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Hi Post,

 

I had a letter from a collections company over the weekend, saying that I have to pay the full balance of £4500 by the 31st March 2010, or else the company will start legal proceedings.

 

However I never received the information I requested from Welcome, and have no intention of paying them anything.

 

What should I do with this letter, should I reply to it ?

 

Many thanks

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Hello mrjoolz firstly dont panic they run from court cases you need to send a CPR request for the underwriting sheets which will proove secret commissions, they will ignore this but if you want you can have a copy of mine which they sent me by mistake this alone gives reasonable evidence to suspect that secret commission has been added to your account, when they ignore your requests, which they will simply use thier refusal as part of your defence and include the copy of the underwriting sheet to show evidence of this fradulent practice and request that the court orders disclosure of the documents requested, someone here will be able to give you the templates for the CPR requests and the request for disclosure to the court and believe me they will withdraw from any court action, as they did with mine, but now I wont let them withdraw as I have issued a counter claim.

Hope this helps

jdene

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Many thanks for the advice. Anyone got this CPR request letter. I also sent off letter that post placed.

 

I dont have a copy to hand but i believe there are some in the templates library in the main forum :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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  • 2 weeks later...

Update :

 

I have now received a letter from Lewis Group saying that they want the money to clear my account. Followed three days later, by a card only in an envelope saying call this number urgently (nothing more)

 

I am not interested really in calling Lewis Group at all, as Welcome failed to send me complete SAR and when I asked for CCA, I never got anything back at all.

 

Thoughts please ?!

what should I do now ?

 

Ta muchly

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