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    • Thank you for your advice so far, I appreciate it. However, while I don't have a problem with (subjective) reformatting of my posts, adding hyperlinks to keywords, etc., please can you stop editing the content of what I write - in this case, making sure this now potentially appears prominently for anyone searching the purchasing dealer on search engines? It is putting words in my mouth and is just rude. My earlier comments are based on what the dealer told me. Had I known what would have happened, should I have named them, I wouldn't have, as I cannot guarantee the veracity of the claim with my own eyes.    I am aware of the basic intricacies of needing to prove law, and how it works in general, and having to prove loss, etc. The only legal recourse mentioned was if I needed to pay for it myself - and if I need to go that way, I will keep a running update here to help others. I am aware I will have to pay for the repair myself before I go down any legal recourse. There are other aspects of the various acts that can also be explored if it appears they are not following their obligations, other than me paying and claiming back. I am not a lawyer, nor have I needed to understand that the legislation does this depth in the past - hence my asking for assistance here. The only reason I mentioned it in passing is that it is the last resort.   And again, I don't mean to sound ungrateful for the advice given thus far, and appreciate it, and you have already helped. I feel like we have gone straight to level 11.   My current view of this is: It's closer to £9k, having looked at it again today. You may be able to drop £9k at the drop of a hat - but I can't, especially around an already expensive time of the year. And I earn enough to put me in the smaller percentage of the county’s earners. I hated having to type that as it can come across as boasting, but I did it to explain that having that much liquid cash is unrealistic - especially with interest rates what they are. I would have to sell equity, cash out saving etc. This will take time. The only card I have with enough credit limit to cover that much is my company one, which is a no-go. I agree this is taking too long for a simple, albeit expensive fault. It's analogous to fixing a crack in a windscreen. No one would call for an engineer report on that situation to know what the cause and solution was The core driver for me arriving here asking for advice is the additional delay their potential cowboy of an engineering company will introduce. A view reinforced having spoken to them to arrange a date. I am not putting any more exact details or prices at this stage, because I don't want to be any more identified than you already have by changing the thread title. One Google and those with knowledge know exactly who I am, and I don't want to potentially damage relations with the parties on my side by opening a potential can of worms. Law of unintended consequences and all that. In hindsight, I regret naming anyone yet, as this can still realistically be resolved this week. I just wanted to initially come for education and understand my options. Hope for the best, plan for the worst. And to escalate if plan A or B didn't work.   To answer:     I think I have. I phoned them today again, asserting the complaint was raised as a rejection under section 75 and recorded the call. I plan to follow this up tonight in an email with all the magic incantations and keywords I seem to have to include. However, I would still appreciate it being proofread if I could send it to someone via a PM. This is not because I have left any details out, it is just that it will include details around the repair I do not want to put in the public domain at this time, as it may compromise my position.
    • Hobnail please don't take offence . DX covers so many different threads throughout the Forum so tends to be quite short in more ways than one. And while he may have been away from school when public relations were on the curriculum he is right when he said that you do need to understand how these crooks operate to be able to able to beat them in Court. All of us here want our members to win against the parking companies  and the best way is to see how others have handled similar situations. I expect he knows that you may not have looked at many threads on here to give you ideas to better your chances of winning.   You may have heard of the expression "Judge Lottery" on here where some judge comes up with an off the wall decision that virtually no other judge has come up with. So even where you have almost a cast iron case it can all go awry and the way to help circumvent these judges is to have sufficient knowledge and understanding to be able to counter his or her judgement.   I happen to think that no one should lose their case on airport land since the roads  are usually covered by the Road Traffic Act and /or Bye Laws since the land is not relevant land under PoFA. But it is surely better to be over qualified in your knowledge of your case rather than being under prepared. You never know until it is too late when you needed to be over qualified. We all hate it here when one of our members don't win their case so DX in his own sweet way🙂  is just making sure that you have the best possible chance of walking away a winner.   PS I had started to write this before Dx wrote his post just now.  
    • this thread is rather co-incidental to yours - same players same amount.     looks like prac/bw might have looked at credit files to see who also lived there at the time, whom sadly they think be responsible too.   you say like the above thread, EON refunded the £89 earlier as an over payment payment? how strange, and after you moved out now claim its owed.   you are correct in saying you owe nowt, its after you moved out....ruddy fleecers.   as that other thread too, does the PRAC letter state our client EON at the top?        
    • you indicated you had collected stuff from lowells sent your old address? that is what we are interest in?   what is in the vanquis GDPR return (SAR) is pretty much immaterial now as you've not mentioned or referred to any of it in your WS.
    • nope, i will use any tool in my book to make sure you get things right. we give vague answers because it's oneway to make people research and investigate by searching here on CAG .   i've lost count of the times here various CAG members have also asked you to research and read up.   its not done to annoy, it's not done to belittle, it's done because simon is a very very slippery customer and WILL exploit the slightest error.   you are now fast approaching the most important stage - witness statement exchange and unless that's done in a way that naisl him SHUT, she will have a very difficult time understanding and explaining everything infront of and to a judge. You can't be there, only she can and if you don't 1000% understand what is being put and done, how are you going to pass that understanding on?   me and other members can help you all we can and will to the dying end, but if it doesn't sink in...i dread to think of her chances....   dx          
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Any advice would be greatly appreciated


alb10n
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My brother currently has a debt of around £250 with orange, they have passed the debt onto moorcroft who have demanded £500 from him. He has sent a CCA request with £1 and was sent a response telling him that they could not carry out the request as the legislation he quoted did not apply to the situation. (I have not had a chance to see which letter he sent as of yet because hes the other side of the country at the moment).

 

My 1st question is: can a DCA add on such a huge fee to an existing debt?

 

My 2nd question is: it up to the DCA to show how they have come up to that figure? My brother has asked for them to explain how they have come up with that figure and they have told him they dont have to tell him!

 

If anyone can give me some advise in regards to these 2 question so I can pass it on that would be ace.

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My 1st question is: can a DCA add on such a huge fee to an existing debt?
Not unless it explicitly included within the original agreement. It is against OFT guidelines to add inappropiate charges.

My 2nd question is: it up to the DCA to show how they have come up to that figure? My brother has asked for them to explain how they have come up with that figure and they have told him they dont have to tell him!
Yes they must give a statement of account.

 

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt the onus is on them to prove a debt exists and that they have the legal right to collect.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Should add that telephone agreements (and other things like utility bills) are not credit agreements and are not covered by the Consumer Credit Act. Orange is correct in this respect.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Good point is it classed as a service agreement? Do you know if there would be a way of getting them to produce a copy of this? I appreciate if this was carried out over the phone there wouldnt be a signed agreement but the would surely have a log of the sale....just a thought

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They still have to prove exists and that they have the right to collect.

 

If they do not send details back your brother should send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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