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    • he doesn't know what TS said exactly to you so don't exactly tell him.   i'd email him telling him that   I have today received a reply from trading standards regarding the issue, i now remove forthwith my offer of settlement @ £1775.   the offer of settlement is now (what you think is owed)   i give you 24hrs to settle the issue as i now have a very tight response time limit regarding TS concerning both the criminal and the consumer matters they refer to.   for want of clarity, by xxx time on xxx date, should £xxxx not appear in my bank account, legal matters may well escalate quickly and might be out of my control .          
    • Hiya cabot financial is the claimant thank you   so sprryfordsy in replying, am quite unwell at the minute and seem to be very muddle headed, will complete as requested by 16:00 tomorrow, thank you  (The documents have only been in my hands for a couple of days, letter went astray)
    • many thanks for your response, to be honest I think I have given him enough time, he says he has always been willing to resolve however the offers of a refund haven't come before the last 48 hours,  so I presume either TS have been on to him or he knows I mean business about my rights as a consumer and won't just roll over and go away.    I can't see ADR not going in my favour to be honest so I think that might be the next step in all honesty because I'm all bit annoyed at being more than 400 out of pocket if I do go for £1775 and that was me being generous and trying to meet him half way on his deduction of 150 from the cost of the car... now he's saying it will take him 3/4 days to collect the car and get it back because of his health which is totally irrelevant,  as it was seemingly perfectly fine when he sold me the car.
    • Yes, I did write before I offered to accept £1775 without prejudice,   I'm presuming I can withdraw the offer of settlement if he does not agree to be let off so lightly,     see further up for my correspondence today from TS, not only had he committed a crime by omitting required pre contract information,  the dealer told me in an earlier email he had no idea of the legislation etc.   I pretty much answered that it wasn't my problem he didn't know, and as a trader he should be well aware of any and all legislation.    Pretty fed up with the whole situation at the moment to be honest, I can pm the email received by the trader for more insight of what I'm dealing with.
    • Aton - I see you've reacted to my post.  Note I've edited it since you read it.  I added the bit in asterisks about reasonable timescale.  Like I say don't just rely on me - see what others say too
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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    • Ahmed Alwaheeb's firms sold cars riddled with faults – and which sometimes had government recall notices. https://www.consumeractiongroup.co.uk/topic/427369-ahmed-alwaheebs-firms-sold-cars-riddled-with-faults-%E2%80%93-and-which-sometimes-had-government-recall-notices/&do=findComment&comment=5071860
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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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Capital One


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Hi - can anyone help, I wrote to Cap One and requested a CCA - never received it so sent the next letter and now have received the attached document. The signature they have is in my married name and when I got divorced the card was cleared. The debt they are chasing is in my maiden name, and they have no signature. There are two sets of agreement, as I said, one signed and one not. Any help or advice would be greatly appreciated. Desperate to get this sorted.

Cap1V3.pdf

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Hi,

I'm sure others will reply but here's my view.

 

The two sets of T's&C's are from different times (V9+V14) so I assume the V14 one was the updated terms

 

I would suggest the signature page is a stand alond page with nothing on the reverse and as such, a pile of poo

 

I am a little confused though. Are you saying you took this card out in your maiden name but the signature is in your married name?

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I had a card when I was married, and that was cleared - so first account was in my married name and I thought I had closed it. After my divorce I contacted them, to see about getting a new credit card, and they told me they would send a new card, this was then changed to my maiden name. I did not sign for a new card. Hence why there are two sets of documents, one which has been signed and one which hasn't. Does this make sense to you?

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I think the only way to find out what is going on is to SAR Cap1

 

I suspect that they just issued you a new card because they didn't full close down the original so no signature would be required.

 

I would put the account into dispute as the signature page has none of the required terms within it.

There is this letter

http://www.consumeractiongroup.co.uk/forum/showthread.php?270666#post3061534

 

or you could use letter 9 here:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

 

Do you know whether any of this debt is made up of charges?

 

I'm sending you a pm

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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It would definitely be worth sending a SAR then. Any charges you have paid can be reclaimed and you can include compounded interest on it as well. In some cases, this has more than wiped out the original debt.

Once you get a SAR back, it should include statements from the inception of the account(s) and when you do the calculations, you can work out which route to take. Either reclaim the charges or go for unenforceability.

I like the first letter :-o

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If you send letter 2 in the second link I posted above, that is the better SAR to send.

Enclose a £10 postal order.

You will need to sign the SAR but I would make it slightly different to your normal one,just in case

 

They have 40 days(from receipt) to respond. Send it by recorded delivery

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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