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    • Can anybody advise me please?   Been living in rented accommodation for over 11 years, old landlord who leased property with his shop has now left and so agents have become my new landlords, so gave me a new contract.   I'm really nervous as not sure what my rights are and could I get evicted as new contract says short term, 6 months.
    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
    • Sorry - need to put my glasses on!   I think you and the other posters have been at cross-purposes because they haven't followed what you are trying to argue.  You aren't arguing a fault etc with the car, you simply want to cancel it as a distance sale, and because the vendor did not provide the necessary cancellation information pre-contract in a durable medium, you are saying that you therefore have 12 months plus 14 days to cancel AND that the vendor has to pay the collection/recovery costs.   Although I understand that argument, I don't know if that's the best way to proceed or not.   I suspect not many people have tried to argue it with second-hand cars.  And that might be, for some reason I don't know, that it's a non-starter or it's too risky.
    • No, not all all.  It's up to them to prove you were the driver.  Well done in not telling them!   Remember in all this you are legally in the right.  Their parking fee was paid.  You're not trying to "get out" of something you owe.  They are in the wrong as far as the law goes.   So how about sending them something like -   Dear BW Legal,   cheers for your Letter Before Claim.   I don't earn owe your clients a bean, indeed your clients owe the driver of the vehicle who paid the parking fee - twice.  It is your clients' responsibility if the machines they buy second hand on eBay don't work properly because they're too tight to pay a technician to maintain them.   Your clients also gave me to no right of appeal or of paying a discount in contravention of their own industry's Code of Conduct.   You can either drop this foolishness now or your clients can get a good hiding in court, both are fine by me.  I fancy a winter holiday and I fancy financing it by an unreasonable costs order under CPR27.14(2)(g).   COPIED TO NCP   The reason i say to send to NCP too is because unscrupulous solicitors are well into their clients starting claims which are bound to lose, after all they get the £££ in any case.
    • appeal one has ref number showing other pix to screen removed please use PDF only     dx
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Can DCA instruct solictors for proceedings?


Guest HeftyHippo

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Guest HeftyHippo

If there has not been an assignment can a DCAlink3.gif instruct solicitors "in contemplation of court proceedings"?

 

It has been my understanding that as they are merely hired hands, they cannot initiate proceedings.

 

I have a DCA who has admitted there is no assignment (there hasn't even been confirmation of their appointment by the lender), but the DCA is making lots of threats and has sent one solicitor letter.

 

I am holding out until the lender confirms the appointment of the DCA because several times they have moved the account to different DCAs without informing me and I have no wish to start discussing something with an unknown just for another to pop up and start again.

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It is my understanding that the OWNER of the debt is the only one who can instruct solicitors to issue a claim form.

 

A DCA can "advise" their client... the original owner... to start litigation..

 

Who is the DCA/Solicitor ?

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Guest HeftyHippo

ARC and T mun

 

I appreciate what you say that they can 'advise' legal action, but they are clearly stating that they are considering legal action.

 

Its my understanding that as ARC dont have any assignment, they cannot make a claim, so I want to complain about both them and ARC making untrue or at the least misleading statements

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