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    • 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
    • Well that's an interesting question if I outted myself or not. I did send an appeal to NCP in reply to the original letter although I was late with that and after their shut off date or what ever they called it. I'd just had a hand operation. However I did not say I was the driver but perhaps by even replying to NCP I make myself the driver by default. Is that right?   after the time or not I did fire off and appeal and have the receipt for that. See attached. Some time late I got a letter from Trace then it seems I was bounced over to BW.   I never herd back from NPC regarding my appeal. Total radio silence. Then came the Trace letters and then BW   I did send a bit of snot over to NCP. As I was using this car park on a daily basis for some months I did capture on day the pic with the masking tape on it just by chance.   Apart from that I was using the NCP payment app which did or did not work depending on the day. Talk about bugware!   I do have some 4 months of payment history within the app.   so my point is that these machines do go wrong from time to time. I did not put the tape on there but someone did! bank card only.pdf
    • The pre contract information doesn't exist...therefore the first paragraph of your response applies in this case. My rights as a consumer still exist regardless, and the dealer was notified well within the 14 days of my request of a full return and for him to collect the vehicle.    Thank you for your response,  I'm also a female not that it matters! 
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      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
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O2 Default- Getting my debt cancelled and default removed


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I was on an 18month contract with O2 back in 2008. I cancelled my contract due to poor service on their part. I constantly had to return a faulty handset & they refused to replace it with a new model until they eventually stopped stocking the said item. I had a faulty phone for 4 months.

 

Shortly after the contract was cancelled, I moved address, and inform O2 of this, advising them to contact me at this ddress with all correspondence. I never heard from them. I sent them a second letter and still heard nothing. I assumed they had cancelled the contract and wiped he debt. Several months later I moved to Australia for a year.

 

On my return from Australia I tried to take out a contract with another phone company but was refused. I checked my credit rating to discover that O2 had put a default on my account in February 2010.

 

I never received any correspondence from O2 the whole time I was in Australia (they had contact detaisl fro me) and I was never informed, or warned about the default.

 

I mailled O2 on discovery of the default. THe following day I received a letter from them telling me that my debt had been passed on to a debt company (Coincidence?)

 

I have since checked my credit rating again and now the debt company appears on there and has me down as missing a payment each month since Dec 08. I have never had any correspondence with with DCA.

 

Can I wipe this debt for any reason? Can I get the default removed from my file?

 

Any advice is greatly appreciated.

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Assuming you cancelled in writing did you ever receive confirmation of the date on which it would be cancelled?

 

Did you send your correspondence via recorded delivery and if so have you retained any of the receipts which prove that 02 received them? It'd also be helpful if you've copies of your letters to them to provide some evidence of the action you took to make sure your details were up to date with them.

 

As the DCA are now showing as having placed the default it is likely that the account has been sold to them; however, you should still be able to get any dispute handled by 02.

 

I'd first all ask the DCA to hold the account while you this up with 02 and if you take a look at this thread http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-internet/268151-default-my-credit-report.html you'll see some contact details for the guys at 02 who deal with credit file queries.

 

Make sure you keep us informed of your progress.

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Also check your O2 contract terms. The DCA is not allowed to modify your credit file simply because they may have bought the debt. You gave O2 the power, but they cannot let others so it unless you agreed to it.

 

Did you?

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Thanky ou. I have contacted O2 and wil let you know as soon as I hear from them. As far as I am aware I did not give the DCA any permission as I haven't ever heard from them until recently and the only thingI have said to them is that I am disputing this with O2.

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It's usually done by providing permission at the same time as O2, where you allow them to pass your details or sell on the debt to third parties. The first option has been pretty standard since 1998, however this doesn't allow DCAs to treat the debt as if it was their own. I understand some networks amended their terms to allow this, so it is this you need to check.

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Now that the ball's rolling let's see where it ends.

 

If they don't come back with a favourable outcome make sure you escalate it and it's also worth considering making a SAR request to see what their records show compared to what they're telling you.

 

Fingers crossed.

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