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    • Go to the slc website See if you can register and look at your file on their portal we have found lots of people can still view their stuff.    
    • See if this is in order please. I photo of the chimney and Hale Surveys remaining.   Bundle 24 JanM.pdf
    • Hi all,  A good friend of mine recently had a similar issue and this is my first car. I've had a consistent barrage of problems.  I purchased a vehicle from Beavers Cars Dealership - From Auto Trader.  This is a draft I've written: Dear Beavers Cars, I'm writing to you about the Audi A4 (2007) I bought from you for £3200 on Sunday January 09 2022. The vehicle had prior faults before purchasing the car, during the test drive the Engine Light came on.   This being my first car as I've recently only passed my driving test, Amir who dealt with me re-assured me that this fault is nothing serious. I phoned a friend who advised me that this is a major fault and that needs to be looked at.   Amir took me to a local garage 1 minute from the Offices and had a mechanic he knew inspect this fault. The mechanic advised that the throttle flaps are shown as an error code on his machine and need to be cleaned, he took the throttle flap device off to clean it, the fault still persisted, he replaced the entire unit which then cleared the fault. I spent roughly 3 hours in the garage trying to resolve the fault error codes. I then was shown that these codes were cleared and that its all now in good condition and working.   only test drove this vehicle at maximum of 40mphs and as it was central London taking it on the motorway was a long way away. I paid a £200 deposit initially on Saturday the 8th January 2022 and went to London on 9th January 2022 to check this car. Once everything was sorted at the time, I was convinced by a sales pitch of Amir that this car is road safe and I'm able to drive it back to Brighton with no issues. I paid the remaining £3000.   Upon leaving to the motorway, the engine was struggling and it was making a very seriously bad noise, the turbo was not picking up properly and it really felt like there may be something seriously wrong with the car, when I would pull up to roundabouts the car revs would flicker and the car would shake.   I then had it serviced and got a Carbon Clean on the engine and everything seems to be in order, it started to drive a little better, but I barely ever gone over 40mph.   I wanted to speak with Amir to discuss this and tried calling on the 20th January 2022, knowing I still have my rights under the Consumer Act 2015, but wanted to address the issues and find a solution. I was unable to get hold of him.   The third time I went onto the motorway on 22/01/2022 after going around 65mph the Revs just went to 5 and my car started to slow down, I was not able to push more than 35mph in a 70mph, which almost caused a collision. I luckily was only 20 minutes away from home and was able to come off the Motorway and get home safely.   During some of the inspections that I had the engineers that Amir took me to by Beavers Cars dealership is called Speedy's Autos. He said that the car is road safe and being a mechanic shop re-assured me.   Since I had the car, the drivers seat-belt would unclip from time to time, I was told the tread on my left front tire is below the legal limit. I've had the sensors, electrics and front and rear brake lights needing replacements by what it sounds like the Turbo completely went   and I should not have been allowed to drive this car back to Brighton. It put me and others at risk especially when they knew I've only just got my drivers licence and was still a new driver.   I would like a full refund for the £3200, I've already spent money on a set of new tyres, wheel alignment and brand new brake pads and brake disks and a repair on the seat buckle luckily the parts can be returned and wheels aren't due to be fitted until Monday 24/01/2022.   I've also already paid for Road Tax, Parking Permit and insurance on this car which I will have to sort out. . The Consumer Rights Act 2015 makes it an implied term of the contract I have with Beavers Cars that goods be as described, fit for purpose and of satisfactory quality. As you are in breach of contract and I've owned the vehicle for less than 6 years, I am within my statutory rights to ask for a refund at no further cost to me. I look forward to hearing from you within 14 days with details of how you plan to resolve this matter. Yours sincerely,   ........................     Any help would be appreciated.  I've sent this over to them via text to Amir who I been dealing with from Beaver Cars in Hounslow - I do not have an email for them.    Amir Beavers Cars 61 – 67 Salisbury Road Hounslow Middlesex TW4 7NW Dear Sir/Madam Ref: xxxxxx On 09/01/2022 I purchased, and took delivery of, the above vehicle an Audi A4 Avant 2007 from you. On 22/01/2022 I discovered that it was not of satisfactory quality: the turbo cut out and car would not go over 40 mph, even after restarting.   The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract.   I am legally entitled to reject the vehicle and to be reimbursed the original purchase of £3200. I look forward to receiving your cheque or banks transfer refund to my account: xxxxxx – Account Number: XXXXXXXX Sort-code: XXXXXX the total sum of £3200 within 14 days. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you. Yours faithfully   If they refuse to refund me, what would be my next steps? Thank you
    • The mediation went ahead in the first week of January and I was surprised at how confrontational the mediator was.  The call started on time and as usual I was asked to briefly explain the situation which was pretty standard.  Item posted using Hermes – item never made it from pick up to depot, Hermes deny any responsibility.  I was asked if I understood the mediation process and to confirm that I agreed to compromise.    I said I was happy to participate and that by way of compromise I would be happy to forgo the interest – but that I was looking for the full verified value of the item (sold price plus postage minus the £27 unilaterally paid by Hermes).  I went through the reasoning explaining the unfairness of the policy whereby the customer is asked to take out insurance to protect Hermes from its own negligence and criminality etc. and sat back waiting for the mediator to respond saying she would now speak to Hermes.    She didn’t.   She explained that this wasn’t a compromise, that mediation does not work like this and that she was ending the call and that I should now continue through the court.  I insisted that she puts my offer to Hermes but she refused.  I then knocked 10p from my demand which she could then not argue was a compromise and which forced her to communicate with Hermes.    I was on the call for about 30 minutes – I’ve read on here that others have ended the call and been rung back several times – I was placed on hold briefly during the mediators exchange with only a minute or so between interactions.  The frustrating thing is that every demand I made was immediately accepted by Hermes and it was the mediator who was the obstacle – at one point she even advised me that Hermes had no obligation to pay the costs and that I shouldn’t press for that.  I ended up negotiating it up to £350 which is £18 short of the total claimed; but to be honest I was past caring at that point.   It is of note that Hermes exploited every deadline and have made the process as long as possible.  I had to provide them with my bank details within 5 hours and they then had two weeks to make the payment which they did on day 14.  I’m happy with the outcome and that I forced them to pay but it’s frustrating that a company is obviously training their staff to treat their customers with such obvious contempt.    I will never use them again and have already bought something on-line from a company but only on the proviso that they don’t use their usual shipping solution (Hermes) – to which they agreed.   Thanks for the great work on this forum and to all who are taking action against Hermes – keep it up!!
    • Hi    Thank you very much indeed Mantis .  I really really appreciate your advice.  He had high blood pressure Thursday so I left it, but told him I had good news from CAG and arranged to meet up with him on Sunday to go through this matter.    Thank you again    Have a good weekend  Warm Regards  W.
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IND - claim form for halifax card debt***Claim Dismissed & Costs awarded***


petebeds
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Hi all

 

Just need a clarification around the statutory time limit for responding to a S77/78 CCA Request.

 

Halifax have been chasing for a couple of years on an alleged credit card debt.

 

In the last 2 years this has bounced backwards and forwards between them and Blair Oliver and Scott and is now with our old friends Moorcroft.

 

Moorcroft have sent a fair few of their automated threatograms, from their "Pre-Court Division" and now from their "Home Collections Division".

I have responded to that with a "you do not have my permission to send anybody round" plus a S78 CCA request.

 

The CCA request was dated Monday (4th January) and posted by SD the same day.

Due to the weather it was not delivered until this morning.

(I am getting my money back from the Post Office!).

 

my question is

when does the clock start ticking and for how long?

 

Is it 12 calendar or 12 working days?

And from when?

Monday when it was posted or today when they got it?

 

Thanks

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12 working days from the date of receipt

Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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The + 2 days is to allow for service by post where service is deemed to take place on the second working day after posting (CPR 6.26)

- in this case we know when service took place

(I've got the Track and Trace confirmation that it has been delivered)

the +2 days can be ignored.

 

 

My question was

whether it is calendar or working days that are to be allowed, and this has been answered.

 

In any event, they've got until Tuesday 26th Jan to respond.

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  • 3 weeks later...
  • 2 weeks later...

After over a month (well outside the 12+2 days) I have received the attached.

Its obvously taken them a while to reconstruct it!

 

On first glance it appears to be part of an application form, contains no prescribed terms and does not include all the terms and conditions.

 

Anybody have any thoughts as to whether they have complied or not and as to the reply that should be sent?

 

NB - the white bits on the third page are where personal info from the front page has shown up on the scan.

CCA Response.pdf

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12 working days from the date of receipt

 

its 12+2 days.
I really wish people would read the posts properly before attempting to correct, it is 12 days from receipt (the two days is to allow for the receipt)

 

After over a month (well outside the 12+2 days) I have received the attached. Its obvously taken them a while to reconstruct it!

 

On first glance it appears to be part of an application form, contains no prescribed terms and does not include all the terms and conditions.

 

Anybody have any thoughts as to whether they have complied or not and as to the reply that should be sent?

 

NB - the white bits on the third page are where personal info from the front page has shown up on the scan.

 

I would say it isn't enforceable, not all of the prescribed terms are present (right to cancel anyone?)

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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  • 3 years later...

After three years of silence things have now moved on to a letter from IND, who claim to have had the alleged debt assigned on 7 July 2011.

 

I have dug out the file and the account has been in dispute since 13th February 2010 (see above) - aside from that I have further grounds for defence which, knowing that IND has its trolls on here, I'm not going to discuss at the moment.

 

Advice on proceeding would be appreciated - not proposing at the moment to do anything other than sit tight and wait.

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Hi all, I previously had a thread running about dealings with Moorcraft over an alleged debt with Halifax. http://www.consumeractiongroup.co.uk/forum/showthread.php?241155-HBOS-Moorcroft-CCA-request-sent

 

After three years of silence things have now moved on to a letter from IND, who claim to have had the alleged debt assigned on 7 July 2011. (I've never had a notice of assignment from anybody!)

 

I have dug out the file and the account has been in dispute since January 2010 (see above) - aside from that I have further grounds for defence which, knowing that IND has its trolls on here, I'm not going to discuss in detail at the moment.

 

Advice on proceeding would be appreciated - not proposing at the moment to do anything other than sit tight and wait.

 

Have sent the attached as a response to the LBA so they can't accuse me of ignoring it under Para 4 of the Practice Direction - Pre-Action Conduct.

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Hi Peter I trust you are well.

 

Have they not made contact or issued a annual or mthly Statement or a Notice of Arrears or even asked for payment in 20 months of ownership? I assume the answer will be no:roll:

 

Regards

 

Andy

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have you moved since the credit was taken out?

 

if you have.

watch IND very closely......

 

they are renound for purposely taking out a claim against your old addreess

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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have you moved since the credit was taken out?

 

if you have.

watch IND very closely......

 

they are renound for purposely taking out a claim against your old addreess

 

dx

 

Hmmm.... isn't that abuse of process?

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Just send them a copy of your section 78 request Peter and a copy of the delivery......respond when you are ready don't worry about their 7 days...did they write to you 7 days before issuing the claim??????

 

NB.Make sure no signatures are on it.

 

Regards

 

Andy

We could do with some help from you.

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  • 5 months later...

I cant believe that letter.. arrogant sods..!!

 

They should ensure that any purchase was free from dispute before purchasing.

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Uploading documents to CAG ** Instructions **

 

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  • 1 month later...
Just send them a copy of your section 78 request Peter and a copy of the delivery......respond when you are ready don't worry about their 7 days...did they write to you 7 days before issuing the claim??????

NB.Make sure no signatures are on it

Regards

Andy





hi guys, sorry to interfere but i read in many posts not to sign this kind of communication, but just print your name.
Can you tell me why?
I've kind of lost sleep over it and google was of no help.
Thanks Edited by Andyorch
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Just send them a copy of your section 78 request Peter and a copy of the delivery...

...respond when you are ready don't worry about their 7 days..

.did they write to you 7 days before issuing the claim??????

 

NB.Make sure no signatures are on it

 

Regards

 

Andy

 

hi guys, sorry to interfere but i read in many posts not to sign this kind of communication,

but just print your name.

Can you tell me why?

I've kind of lost sleep over it and google was of no help.

Thanks

 

so that they can't scan your signature and forge any document using the scan...

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