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    • Thanks dx 100uk,   Just so I’m clear,   1. I should first send email to bailiff saying x2 previous PCNs for same street went to tribunal & I won , this one I never received any correspondence so could not defend it else I would have & will now be defending it?   2. email the council tell them similar thing , send them tribunal decision of other two?   I need to get confirmation alleged contravention fir this PCN . How should I do that in terms of getting the council to release those details to me?   thanks
    • DX,   I've just noticed something, if you look at the uploaded documents relating to the CCA #6   You see the 2nd and 3rd page are contracts the first one is a blank contract the 2nd one is a digitally signed contract for Very. I can only assume the originally creditor sent the contracts digitally to the DCA and it looks like one of them has either been printed out as a blank page or they have removed the information from 2nd contract and made it look like 2 seperate contracts?   It looks like they only have information relating to Very and not Littlewoods? surley a none signed contract with no name detailing no amount of credit is not legally binding in court?   It looks like if it gets to court they'll go for the Very account but not have a case to argue the Littlewoods one?   Shop direct own both companies so assuming regardless of one signed contract for one company name would still need a seperate contract for another? and one signed contract doesn't work for both?   If this does go to court at what point do I ask for the hearing to be done local to me?
    • For Chrissake simeon!!!   Of course you cannot find para 18(d) that I referred to in #120!!!  That is because - if you had bothered to read #120 post correctly - you would have seen that para 18(d) is in FTMDave's post #105.   One of the improvements that FTMDave had made in #105 to my earlier draft was to replace my paras 13 and 14 with a single combined para 13.  This reduced the total number of paragraphs by one.  That was a good thing to do.   YOU in #121 then reverted to my earlier draft, thus wrongly reinstating para 14 from my draft which FTMDave had removed .  This meant that the para 18(d) that I referred to in #120 had become 19(d) in your version in #121!!!    So when I referred in #120 to FTMDave's draft in #105 and to para 18(d), I was referring to para 18(d) in #105, and not to any draft that I produced days earlier or that anyone else had produced.   And then, now that the para 18(d) confusion that YOU have created is sorted out, you must surely understand my references to para 19 after para 18(d), and to adding a new paragraph 20   Do you understand now?  (You must stop reverting to ealier draft versions and stick with the latest - otherwise it becomes incredibly confusing for all of us and you won't get this counterclaim completed in time!!!)   ========================================================================   All I can really advise you to do now is to read FTMDave's suggestions in #131, and follow them!   (You might find it helpful if you read again all our posts from #120 onwards to help you understand FTMDave's advice.)   You need to sort out your attachments (or exhibits if you prefer).  You've got them in front of you - we haven't - and you understand them better than we do.  Just make sure they are numbered and ordered correctly and are cross-referenced correctly to the Particulars of counterclaim.   Add in interest as per FTMDave's instructions.   And that is it.  From here it's not rocket science, it's just common sense.  If you don't understand by now we can't help.  You just need to polish it off.    
    • Hi there. To answer your questions. The Assessment of the car I got was by the DVSA. The 3 Dangerous faults. Seatbelt webbing significantly weakened offside front. Seatbelt webbing significantly weakened nearside front. Passengers seat insecure Nearside.   The Seven Dangerous Faults. Headlamp aim obviously incorrect. Supplementary restraint system indicates a fault Drivers door hinge insecure Fuel cap sealing device missing (cap seal missing) Fuel Cap Sealing device ineffective (filler neck sealing face damaged) Battery insecure and likely to cause a short circuit Power steering malfunctioning (limited power assistance, power steering pump noisy)   2 advisories  no spare wheel fitted Tyre worn close to legal limit.   The link to Companies House https://find-and-update.company-information.service.gov.uk/company/08471137   The MOT was obtained on the 8th of October after I had paid a deposit and two days before I took possession of the vehicle. The Garage the MOT was obtained from is in Bristol as is the dealer. I live around 130 miles from the dealer.   I have engaged with the thread as far as possible with other commitments and did not notice the set of questions I did not reply to in my first post which was responded to at 1 in the morning. Any help is gratefully received.      
    • ok. well you could try appealing using the forms you used before i will guess these: you dealt with the others so why not this one? they at the time should have equally been aware there was another PCN outstanding and dealt with that too or atleast told you.   not really sure but worth a try.   im sure a brief likewise note to the bailiff will halt things for now, once he know forms have gone in/history.   dx  
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The problem with this is they have no legal responsibility to ensure you receive a NOD or termination letter, they only have to send it so as long as it is on their system showing as sent the law is on their side as they act 'in good faith it will be delivered'

 

Personally I would find out when they say they sent these letters as they must have left at least 14 days between the 2, if they did not then they have acted unlawfully. You may need to do a SAR if they are not forthcoming with this info on the phone or if you have any reason not to believe them baring in mind half the staff are unaware of the regulation as the letters are usually system generated.

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The problem with this is they have no legal responsibility to ensure you receive a NOD or termination letter, they only have to send it so as long as it is on their system showing as sent the law is on their side as they act 'in good faith it will be delivered'

 

Personally I would find out when they say they sent these letters as they must have left at least 14 days between the 2, if they did not then they have acted unlawfully. You may need to do a SAR if they are not forthcoming with this info on the phone or if you have any reason not to believe them baring in mind half the staff are unaware of the regulation as the letters are usually system generated.

 

Helen how can it be proven as 'sent' on the system? I only ask as there are at least 10 documents shown in my SAR that I have never seen before that are all printed with the date of SAR not when they would have been 'sent'

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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MY understanding of it is all documents printed as part of a SAR should have the date the letter was produced and sent, if this is not the case then it would be up to welcome finance to prove they were sent on the dates claimed leaving the appropriate timescales. The fact that although they complied with your SAR they did not provide a vital piece of information in relation to your query (dates of letters sent) I would believe this is a case for the FOS.

 

I don't know if it is possible for them to provide you with a copy but there is a tab on the system that shows all correspondence and a screenshot would show all the dates letters were sent. As I say I don't know the rules surrounding sending a screenshot of the system but it might be worth an enquiry but would do this directly with compliance.

 

Helen how can it be proven as 'sent' on the system? I only ask as there are at least 10 documents shown in my SAR that I have never seen before that are all printed with the date of SAR not when they would have been 'sent'
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MY understanding of it is all documents printed as part of a SAR should have the date the letter was produced and sent, if this is not the case then it would be up to welcome finance to prove they were sent on the dates claimed leaving the appropriate timescales. The fact that although they complied with your SAR they did not provide a vital piece of information in relation to your query (dates of letters sent) I would believe this is a case for the FOS.

 

I don't know if it is possible for them to provide you with a copy but there is a tab on the system that shows all correspondence and a screenshot would show all the dates letters were sent. As I say I don't know the rules surrounding sending a screenshot of the system but it might be worth an enquiry but would do this directly with compliance.

 

Thank you for that the FOS wont look at any of my complaints as at the moment the agreement is subject to litigation but handy to know for CPR if required as I know they were never received here

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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