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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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We have so much debt, it seems only hope is selling house!


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Wilchil.........have read your thread from start to finish and with interest! Taken me hours, but great to see that with all the help and support you have had, you have done so well to date. I was a bit miffed at toymakers comments, but sadly there is always someone who oozes negativity!

Best wishes to you...... SB :wink:

 

Thanks Stonebroke. The situation is much easier to deal with now and I am so grateful to everyone here who has helped us. We couldn't have done it without them.

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Hi Tingy

 

If you asked about everything you'd never heard of you would be approaching search for universal truth (Rumsfeld and unknown unknowns).

 

Seriously though, there is a lot of stuff in templates that is not explained; our 'library' needs to become a knowledge base? The value of every thread is in its tail or tale or talents.:-D It's late, but I can't afford Latte.

 

x

 

v

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I have to admit I tend to keep my own library on my computer and ensure it's backed up. I rarely use templates nowadays as I think most companies are wise to them. They make a good starting point and are very handy for newcomers to a topic area, but I much prefer to craft a letter in my own words based around the template. I tend to find they tend to have better responses as well.

 

Letters are among the most significant memorial a person can leave behind them. (von Goethe)

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Hi Tingy

 

I disagree: RIP are letters. We need a more human centred and revolutionary view and I don't think your German friend was a revolutionary; I prefer " "Man is the measure of all things: of things which are, that they are, and of things which are not, that they are not" Protagoras, although I could find something more modern, notwithstanding that there is nothing new under the sun, Ecclesiastes.

 

There is a danger that that poor DCA drones paid to trawl this site might not understand.:-)

 

x

 

v

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Now you're being pedantic! Indeed RIP are letters, and important ones if you believe and possibly if you don't. Having said that, I've had a lot of fun with DCA's by taking what they say literally when it is obviously not meant to be taken in this way.

 

What I was saying was I prefer my own words to templates. Templates are just that, a template. Letters (proper letters my dear pedant!) can be crafted almost into a work of art, and I've scribed a few where I'd love to be there when they're opened.

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Hi Tingy

 

My objection was to Goethe, whom I consider a romantic. I entirely take your point about template, "the map is not the landscape" Hom, and like you, I build my own library.

 

Chill out; or we'll both the go the way of Donkey.

 

xxxxxxxxxx

 

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  • 1 month later...

Could someone take a look at the attached letter and let me know whether we need to reply and what we should reply if so.

 

The letter is from Moorcroft, debt collectors for Santander loan. The original creditor was Cahoot, taken out April 2006. Neither Santander nor Moorcroft want to accept lower payment and sent a notice of intended litigation to collect the total debt, rcvd 19/4/11. In reply we CCA'd them. Letter attached is their response to CCA.

 

Thanks.

moorcroft1.PDF

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Hi,

 

Cahoot are now part of Santander. Moorcroft would not take the court action. They clearly don't own the loan, so only have an equitable assignment whereby they gain the rights to try to collect the money from you. The only way they could take court action would be in partnership with Santander (now the OC).

 

I would therefore be inclined to ignore any requests for what you'd rely on in court etc.... and either do just that, totally ignore it, or send them a letter saying that as they have not yet supplied the agreement the account is in dispute and so they must, as they have, stop all collection activity on it until the CCA is produced, or a reconstitution of it. I would also go on to say that you consider requesting details of what you would rely on in court if it went that far as an aggressive commercial practice under CPUTR 2008 Part Two Section 7, sub section 2 and against OFT Debt Collection Guidance.

 

If you do respond, finish by saying court procedures will be dealt with within clear timescales laid down by the court and as you disagree with them that their suggested course of action would be helpful, you have nothing further to say on the matter for the time being.

 

Hope this helps!

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Hi Wilchil :-)

No response required. That's their standard letter when they receive a CCA Request and can't supply the agreement within the required period.

They've stated the account is on hold till they do, which is good.

 

You can safely totally ignore the other guff about identifying legal issues. Just their rather transparent attempt to intimidate you and put the idea of court (argghhh, help, panic, worry, scare.....LOL) into your head, without justification.

Just sit back and wait.

If they or anyone pester again before supplying the CCA just send the account in dispute letter.

 

Take care,

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Ha! Morning Tingy :wink:

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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LOL aye..time and health issues...I can't do as much on here as before but starting to pick up the threads again :-)

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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LOL aye..time and health issues...I can't do as much on here as before but starting to pick up the threads again :-)

 

It's good to see you back, take it easy.

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W

 

I agree with every said above - just ignore this until/unless they up the ante - which I doubt they ever will.

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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  • 1 month later...

W

 

Happy Anniversary! A Year today since you started your thread! Things seem to be quiet with you just now - which hopefully is a good sign?

 

Look back and see how far you've come in the last year.

 

Good luck.

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Thanks BD and all. Things quiet at the mo. We are making token payments to all bar Santander loan (formally Cahoot), we have requested CCA beginning of May (see above) and have heard nothing else, we are not making payments to them at present (is this the right thing to do?). End of contract looming again and things up in the air so fingers crossed!

 

Thanks for your support over the year guys.

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W

 

Glad things mostly still under control.

 

Re Santander, some advise to keep paying a token amount if account in dispute due to not sending out a CCA. However if they CAN'T find it - and can't enforce the debt at all - then that is just money down the drain.

 

I personally DO NOT PAY A PENNY to those OC's and DCA's who have still not produced enforceable CCA's. Currently I'm only paying out £5 to each of two DCA's - zilch to all others - and not even getting threatening letters any more - phone calls all stopped after the "harassment" letters.

 

One £11k card debt (Morgan Stanley) reached the SB deadline last year - with nothing paid to it for over 6 years. Others are now working towards that same goal as we speak! Perhaps some of the remaining creditors will get heavy again - but no sign of that so far. I think they are all far too busy going after easier targets and so leave us bolshy ones on the back burner - I certainly hope that's the case!

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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I personally DO NOT PAY A PENNY to those OC's and DCA's who have still not produced enforceable CCA's.

I would concur with BD on this one.

 

One £11k card debt (Morgan Stanley) reached the SB deadline last year - with nothing paid to it for over 6 years. Others are now working towards that same goal as we speak!

Two years down, four more to go in my case!

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