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    • Thank you for the reply - I'm half expecting them to either drop the whole thing or to spring the "We had to tell the court that you don't want to pay so we're going to restart proceedings" idea given the language in the consent order that I signed with them. Going to read up and prepare to defend in case they fancy playing that game. It'd be nice if they would actually play by the rules for once...
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    • Hi everyone,    They started sending threats:   Wednesday:    We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.    Thursday :    It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    Friday 8:23am :   The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.    Friday 6:28pm:   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.        
    • Hi Guys, I would appreciate any advice you can give.   In mid September this year we went to a Caravan company to look at potential caravan purchases, we found one caravan that we liked it was a 2018 model,   however when talking to the salesman we expressed concern that the settee and the bed mattress seemed to be of very poor quality and lacked any real support. The settee and mattress also seemed older than the year of manufacture would suggest. The salesman assured us that the fittings were manufacture fitted and that was, 'Just how they are'. He agreed to look into the matter for us.   As a result we paid a £1,000 deposit on our debit card, the salesman asked us to sign a contract for sale regarding the caravan informing us it was 'a receipt for the money we paid'.   We were due to collect the caravan this week, however, during the period from signing the contract we felt that we were being mislead about the furnishings previously mentioned so we carried out some research.   I sent the photographs to the manufacturer and asked them if they were the original fittings supplied by them, they responded that the settee and mattresses shown in the photographs (Taken from the online sales pictures from the sellers website) were never fitted to that caravan and had never been supplied by the manufacturer. I also downloaded the brochure from the manufacturer that showed the settee and bed mattresses that were fitted to the year and model of the caravan we had paid a deposit on, were nothing like the ones currently fitted.   somebody has taken out the superior Settee and bed mattresses and replaced them with cheaper inferior quality ones which seriously devalued the caravan, notwithstanding reducing the comfort and quality of the caravan. He insisted that the photographs (taken from their website) were the correct fittings for that caravan.   On Sunday 20th October, I sent the caravan sales company a letter stating that we were rejecting the caravan and that we had been mislead as to the quality and provenance of the fittings, that we no longer had any trust in the sales company and under the Consumer Rights Act requesting the return of our deposit.   We received a response the next day that stated, they accept the cancelling of the contract however, they are retaining our deposit against the purchase of another caravan from them.   I think it is a given, that we would never darken their doorstep again let alone purchase anything from them. I would add that all our concerns and the company's responses have been via email, so we have an audit trail of what has gone on.   I have considered chargeback, as we paid on a Visa debit card (I know should have used a credit card) and I am aware that we have 120 days to try and implement this.   I'm looking for advice as to what to write to the company to start with, i.e. Letter of complaint (They have no complaints policy or procedure in their T&C, they are also not signed up to the Dispute Resolution Ombudsman Scheme) or a, Letter before Claim, or do I involve Trading Standards.   Any advice from the wise members of this group would be greatly appreciated.   
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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Cca request (Capquest and Bryan Carter)


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Hi,

 

Am after some advice. I am currently paying 2 companies (Capquest & B Carter) a set amount each month in relation to 2 credit cards.

 

After reading some posts on here requesting a CCA from dca's, would it still be possible to request them even though i am already paying them each month? If so, would it be wise to cancel my direct debits with them until they can produce the true copy of the agreement.

 

Thanks in advance.

 

Mark

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yes send a cca to both

if after 14 days you have no agreement, and i mean a true copy, not a reconstructed one

 

you can with hold payments

 

ill dig out the relevent letter

 

back in a mo

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You’re Address

 

Date

 

Dear Sir/Madam

 

Re: − Account/Reference Number 4563210025897412

 

this letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of S.77 (6) will apply.

If it is your view that you are not the creditor, S.175 of the CCA 1974 applies in this case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are the creditor as defined by S.189. If you contend that you have purchased the rights but not the duties of any agreement, you are reminded that S.189 of the act is clear that an assignment is of both rights and duties.

Your attention is drawn to SS.5 (2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

 

 

send recorded delivery

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Unfortunately not. Stop paying by DD as some DCAs and OCs have been known to help themselves to money in your account without your permission. Never pay by card either. If you do pay then use SO.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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He's very well known on here for spliting claims to cover his costs. Posters having this problem should inform the OC, TS and the OFT.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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It doesn't stop you requesting your CCA but we need to know the details of the SD ASAP as you only have 18 days in which to apply for a set aside!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Its not dated, but i think it must be around the time i set up a direct debit with them, so around July 2008.

 

That's ok then as they expire in 4 months from the date you recieve so they would have to re issue one to start it all again. PLEASE PLEASE let us know if you receive another SD!

 

Cancel the DD and use SO as some DCAs are known to take what they want on a DD ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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You should have applied to have the last SD set aside as many on here have won and had costs awarded for frivilous use of the Insolvency Service as a debt collection tool. DJs are getting fed up with this and some DCAs are under sanctions from the OFT regarding this. Report them for this abuse to TS and the OFT.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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NEVER EVER pay a DCA or OC with a card or via DD as they can help themselves to your cash whenever they feel like it!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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