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    • You will be subject to the same laws notice periods and protections as with any length of contract.    From my own and other’s personal experience I would treat it as an amber warning light to start putting out feelers into what’s out there on the market   A 6 month contract is great for people who might be waiting for a new build , or having renovations done on their own property. For someone like yourself who wants security it might well be time for you to consider moving on.
    • Thank you. You still haven't given as much information. We need more. Please will you tell us who the retailer is – are they in UK or elsewhere? What was the item and what is its value? Did you declare the correct value? Or did the retailer declare the correct value? You say you paid by credit card – not a debit card against your bank account? Please read around all the Hermes threads on this forum. There is lots of good information there. In particular understand your rights under the Contracts (Rights of Third Parties) Act 1999.
    • I am sorry, but without seeing the contract, and knowing what is on it or what effect it has, it is impossible to say.     
    • A16 BYN is the plates that the car was advertised with, and obviously the plate which I checked the mot history with, I also thought the same that the website maybe hadn't been updated with the most recent mot that the dealer had got done, I asked for the original plate number whilst doing the logging in to my bank account, to pay both the dealer and the shiply transporter. Bearing in mind I had told the dealer around 6pm that I would get the deposit sorted out when I put my son to bed, that gave him every opportunity to send me any pre contract details etc. Just over an hour later (son still wasn't in bed) asked for the address of where the vehicle was to be picked up from as I couldn't accept the quote for the transporter without that information. Less than an hour after that he whatsapped me asking if I still want to buy the car because he's getting enquiries from other interested parties and is telling them that he's sold the car to me (no deposit  paid as yet). I then replied a few min later having finally got my son to sleep.    Anyway between me sorting out the details and where to pick the car up from, log into my banking to pay deposits etc he'd  messaged me the original plate no... which I didn't see until after I'd done all the aformentioned.    I decided to check the history on that plate as like yourself I had been confused about the mileage, low and behold there was the most recent mot containing 5 advisories which were never mentioned to me. Another thing I can't really understand is the expiry date of the mot before that either and I did query all of this with the dealer, only to be told that cars in Scotland are renowned for corrosion issues...and that if I had checked the mot history I would have seen them, I explained I had checked the history on the plate in the advert as I had no knowledge of what the original plate numbers were and he told me that the most recent mot was under the plate in the advert. Most certainly the mot certificate he then sent me on whatsapp had the advertised plate on the certificate,  however, it wasn't showing up on the dvla page.    By this stage I was irate with him for several reasons, for not notifying me of the advisories and telling me that he had checked the dvla and the most recent mot was showing up on the advertised plates, I then screenshot the page with the expiry and this car is not mot'd information, and 2 for telling me that cars in Scotland are renowned for corrosion issues!    Had he simply said, the car is 18 years old you're going to expect to have some corrosion at some point, I'd have been a bit more tolerant at that stage. Apon checking the history on the original plates, it transpired it passed the last MOT previous to the most recent one on the same day the advertised plates ran out, I still haven't quite fathomed out what is going on regards to this. However the previous mot showed no corrosion issues and as it hadn't failed on that basis, I would get the panel beater sprayer mentioned in an earlier post to have a look at it, and sort the issues out re that, also the main reason I had the car delivered to my dad's address as that's also the area where the panel beaters business is.  
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

Fictitious payments made by DCA's to accounts nearing Stat. Barred has any one case proof of this?


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Can any one quote or post up any actual proof of payments been applied to debts nearing Statute Barred.

!st. Crud insist that a payment was made on an account on16/02/2005, no record of any payments on defaulted debt show on any

CRA reports,last payment was made to OC on 22/06/2004, also they say £10.00 paid to 1st. Crud 16/02/05 they have only supplied

a reconstructed agreement 11 pages of T's &C's no signatures just their address and the alleged debtors,and have not replied

to request to supply proof of payment.

Case is at Northampton CCBC and a defence has been filed thanks to previous advice given here.

Time limit foe defence runs out 09/09/2010.

No comment from OC/solicitors or Connaught Collections.

Defence has been acknowledged by court.

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You don't need case law (unless it involved the same firms) you need to prove that in all probability you didn't make those payments. Require them to 'prove' how, when, where you made such payments. They'll almost certainly claim you made them in cash at some unknown place Keep demanding answers & they'll dig themselves into an even bigger hole than they have already

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Did you at any time send Postal Orders for CCA or SB - they have a habit as using them as a 'payment' to extend SB date.

 

It is their responsibility to prove beyond a reasonable doubt that you made the payment, not for you to prove you did not.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Hi Senior no payments or offers ever made,thats why I wondered if this kind of thing has been

challenged in court?

I supposes the ''Your word against their'' situation applies,they have disregarded all mention

since the letter stating not SB.

Tried all the muppet companies involved in this shambles but never a mention again.

Brig.

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Did you at any time send Postal Orders for CCA or SB - they have a habit as using them as a 'payment' to extend SB date.

 

It is their responsibility to prove beyond a reasonable doubt that you made the payment, not for you to prove you did not.

 

I wish .................Some judges will accept their word if you can't argue reasonable doubt you didn't & for that you need 'some' evidence

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My argument would be, that the account was in dispute, and as such I had ceased all payments due under the agreement on xxx date (when ever you made your last payment).

 

Accordingly the payment shown in 2005 cannot be accurate.

 

Having said that, it is obvious that the payment that has appeared on the account must have been mis-applied by the DCA, and obviously belongs to someone elses account .... which is even more worrying Mr Judge ...

 

Abs x

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Supposition is NOT evidence.

 

Judges like evidence no matter how flimsy. The OP needs to find out when, where & how these payments have allegedly been made & until they can argue (based on evidence) that it was/is impossible or even improbable to have made the payments the judge will almost certainly find in the DCA's favour

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I have gone through all correspondence 16 letters sent regarding the alleged payment

but not mentioned in their replies.

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Are you saying they have at no time responded to your repeated requests for evidence of the alleged payments?? If so I suspect you have them as a judge will not be impressed by their continual refusal to provide details Your evidence should include a simple denial together with a copy of your requests & their responses which will demonstrate their tacit refusal to provide the information simply because it doesn't exist & that any that does now appear is fraudulent

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Yes JonChris ,that,s the situation no valid CCA, Quoting the McGruffick -V- RBS case as confirmation

that they don't have a valid agreement,and the reason for the court claim.

Credit file shows no payments in 6 years +.

Responded yes, answered questions/requests NO!!!!

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