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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.
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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
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Section 75 Claim gone wrong


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Well,

I paid £495 for Cartel Client Review PPI recovery, as you may know CCR have been shut down.

Luckily I paid with a Natwest Credit Card (which I still owe on) , so I put in a Section 75 claim.

 

Natwest agreed with my claim and said that they would refund me the money, but I discovered (to my horror) that they had used All of the money to pay the credit card.

 

There is still money owing in the card.

 

I have put in a Financial Ombudsman Complaint, but having read other stories about this service I wonder if there is anything else I can do in the meanwhile whilst they 'sort it out' to reclaim the money.

:-x

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Having paid with your credit card, it is normal for them to make any refund as a credit to the same account. They would only pay you direct if the card had been closed and there was no outstanding balance on that a/c

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How do I go about trying to reclaim the money from the credit card when the Plastic doesn't exist and the account is £1000+ over it's credit limit

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Having paid with your credit card, it is normal for them to make any refund as a credit to the same account. They would only pay you direct if the card had been closed and there was no outstanding balance on that a/c

 

Hi HAWC

 

Michael is perfectly correct in the advice given.

 

As there is money owing, over the credit card limit, the bank placed the section 75 repayment in that account to offset the current debt. It is within their rights to do so, I'm afraid and you can verify this by checking their T&C's. You can't get the money back as the CC co have used it to offset your debt to them.

 

One positive side to this is that your debt has been reduced, meaning less interest applied to the account and the other is that you are not worse off financially, thankfully. Many folk who paid by different means got no refund ie cash, cheque etc.

 

I know for a fact that Cartel would encourage "clients" to charge all their fees to cards and say that if it went belly up, that section 75 could be used. That was sharp practice at best.

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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