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    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
    • Well the fact that he is doing this suggests that he has a certain awareness of his responsibility – but I really don't know what to advise. We know what your rights are – which is that he should give you a full refund. On the other hand, maybe this is the best you are going to get without court action. As he is prepared to make this gesture, maybe he is prepared to listen to reason and give you your money back – or most of it. Maybe you could offer him a deal that he takes the car back and returns thousand pounds to you – you might then eventually settle for £800 or £900 – which of course leaves you out of pocket but at least you would have escaped the problem. Given the risk of the problem of enforcement, maybe that could be a way to go. It's so difficult to know what to make of it. Maybe he feels vulnerable to the risk of a legal action against him. Maybe he doesn't understand the procedure and you could tell him that you will send the bailiffs to his home if he pushes it that way – but on the other hand maybe that will simply get his backup and you will lose the tiny shred of goodwill. I'm sorry, I still don't know what to say. I think we've explained the law to you and we try to outline the risks – but I think it's time now that you need to make your own decisions based on your own judgement. I don't envy you  
    • Hi guys, I'm not sure what happened to my last post about a court date, but I received the letter of small claims, where it stated the claimant has 28 days to pay the court fees, and after which each party has 14 days to send all of the parties copies of any documents they wish to rely on   Last week I received another form from the courts, remote hearing 13th October. So I have a few days to submit my documents. However the new letter is unclear as to whether this is now 48 hours or still 14 days. i will call the courts to give my number as adbvised in the letter   ive attached the letter with personal details removed each party liaise with each other to share their bundle?   Are there any examples of a defence bundle? ive found this case on here whiich seems similar   im presuming my bundle should include my defence documents, in the above link DX100Uk refers to a statement, anything else as it states at the hearing they may not have access to the court file?   My next  steps were: - call court to give telephone - wait to see if the court fee has been paid - is there a way to do this, just call the courts? deadline would have passed by now? - prepare bundle, not 100% sure of this but will start to compile what i have - await the other party bundle - hearing date    
    • (Moved to the Private Land Parking Enforcement forum).   The fact you're in Scotland definitely helps.  In England due to the POFA 2012 they can, under certain circumstances, peruse the keeper of the vehicle.  In Scotland they can only go after the driver - and they don't know who that is! 
    • Hi all,   I just wanted to give you an update and ask for further advice.   The car has been taken to a local garage today and we have been sent a video (just a close up of the engine with the broken pipe) of the suspected issue which they have said is an air flow pipe which has broken. He said it wasn’t broken when the car was sold to us and so he will buy the part & we pay for the labour.   We really feel that he should pay for this entirely, I also don’t want to set a precedent by paying for the labour if things deteriorate further with this car.  He also hasn’t stated how much the labour is, something we will ask when we respond to his message.   How do you think we should proceed?  I don’t want to take the wrong approach now.
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    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
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    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
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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 .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

MrMauy vs Sharkleycard


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To give you all a bit of background, I have sent a CCA request to Sharkleycard as I have been paying each month before I realised that I do not know where this debt came from. I realise that I was young and nieve to pay an alleged debt without knowing what is was for but back before the financial meltdown I actually thoughts banks could be trusted. I don't have a Sharkleycard card, and to my knowledge have never applied to nor agreed to such a contract. I have 2 current credit cards, and both are still with MBNA.

 

Sharkleys replied to my CCA request saying that they can't supply it at the moment and know that it is therefore unenforcable however they can still report me to CRA's etc as is the position of Judge Waksman. I don't see how this can be the case if I have never entered into an agreement with them, surely they have no right to share my information.

 

I am thinking about sending the following back to them, ad potentially drafting another letter for the CRA's instructing them to remove all references to Sharkleys without strict proof that they have permission to share my information.

 

Any thoughts or suggestions?

 

I write with reference to your letter dated xx/xx/xx in reply to my formal request for a copy of the Credit Agreement for this alleged account.

Your inability to provide a copy of this agreement supports my position that I have not currently, not in the past, signed or agreed to such a contract with Barclaycard as you allege. I have also not had in my possession or used in any manner a “Barclaycard Credit Card”.

You also state that you are permitted to report to Credit Reference Agencies regarding the status of this alleged account, you claim this is the ruling of judge Waksman in the case of cca test case . I contest that this case does not have bearing on these circumstances as in the cca test case it was never questioned that an agreement had been made, merely that the agreement could not be provided.

I have no knowledge of any application or agreement made between myself and Barclaycard and require strict proof as to my entering into the alleged contract.

I also give you formal notice under section 10 of the Data Protection Act, that I require you to stop processing my information immediately, this includes but is not limited to :-

Sharing such information with Credit Reference Agencies

Assigning or transferring the alleged account to any other agencies

As my consent to the collection, processing and sharing of such information would only have been given by signing an agreement you do not, and have not had my permission and as such may be liable for a claim of compensation under the Data Protection Act.

If you refuse to comply with this formal notice you must notify me within 21 days stating your reasoning and provide any such documentation as you rely on to back up your statement.

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did you have any other credit cards at all prior to these?

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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