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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Another complaint about carcraft, warranty and practices.


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Hi all,

 

Purchased a car from Carshaft on the 21st Nov this year and looking at my online bank statement I seen a payment thats gone out to Premium First.

 

On further checking with my bank its associated to Creation Consumer Finance Ltd and Carshaft sorry Carcraft.

 

At the point of sale at Carshaft the sales guy stated that due to my finacial history they could not get the full cost of the car so a 2nd agreement has been taken out to cover the shortfall, this we accepted and signed for and at the point of sales the sales guy said to me and the misses that all warrenties are free etc etc.

 

Now we find out that Carshaft have made us sign an agreement making out its a top up loan but thats not the case, we have not received any paperwork or any agreements at all for this crafty, con way of doing business.

 

I've called the complaints dept at Carshaft and they said they cannot and will not do anything about it because its gone over the 14 days cancellation period and they have signed agreements stating we accepted them. Carshaft at Newport also say they cannot and will not do anything about it and Im pi$$ off and tempted to go to Newport with a baseball bat just for the fun of it.

 

How can they be allowed to get away with faulsly selling a unsecured load makeing out its a top up and in fact its for a warrenty we did not want or agree to at the point of sale but we signed because we thought it was just a top up load for the full price of the car and the sale guy said that.

 

Im fuming and ready to baseball bat that sales guys knee's I can tell you.

 

 

Anyone willing to help.

 

 

PS,

They never gave us any signed agreement at the point of sale and the only agreements we have are 2 copies of the same one for the car itself.

 

Ahhhhhhhhhhhhhhhhhhhhhhhhhhh :mad2:

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Further update.

 

Been in contact with trading standards and explained all, they say Carshaft are in breach under S56 of the credit act and they and Premium First are joint responsible.

 

I've again contacted Premium First and stated the facts and they say that they dont have any agreements and the sale was carried out as a Telesales account, therefore done over the phone by Carshaft.

 

They have stated for me to put my complaint in writing to there complains dept (which I will) and they will get in contact with Carshaft and get the agreement cancelled and payment refunded.

 

Now watch this space.

 

PS,

Did call Carshaft at Newport and said I'll be down and over their counter if its not sorted, not a happy bunny.

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http://news.bbc.co.uk/player/nol/newsid_7040000/newsid_7042500/7042528.stm?bw=bb&mp=wm&news=1&ms3=6&ms_javascript=true&nol_storyid=7042528&bbcws=2

 

Does anyone have Barry Nightingale's email address or any email addresses of any MD of Carshaft.

 

Scrap the above, did a search and found this:

 

Barry Nightingale Resigned as director on 22 Jan 2009

 

Looking for email addresses for:

 

Julia Phipps

Robin Garry Bridge

Michael Walsh

Neol Francis William Mckee

Darren Thomas Mckee

Edited by Realist

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First thing I would do is cancel the DD through my bank and request (read as demand) that they refund the value paid against that DD back into my account immediatey. Remenber, the terms of the DD guarantee state that "if a mistake is made the funds will be reunded to you BY YOUR BANK" It is then up to your bank to get the funds back from the 3rd party.

Edited by crem
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But thats not quite right is it.

 

If I cancel the direct debit the finance company will come after me for the monies owed as they will say they have a signed contract and DD details so they are entitled to call for it. I will pay the DD so as not to cause other problems and get the agreement cancelled and then get all monies paid refunded.

 

Also, the bank will also say they have a signed direct debit giving them authorisation for them to pay therefore its not a reason for them to refund as I know where the money is going.

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If it isn't for what you were told it was, then they are in breach of the DD guarantee.

You don't need your bank to "agree" to cancel the ongoing DD, you can do that online yourself or over the phone to your bank. They have no grounds or right to refuse your request, you only need them to agree to recall the money already paid.

 

I would still do it if I believed I have been misinformed of what charges are for and put the pressure on them to prove their charges are valid and correct. The first thing that happens when you cancel a DD to a company is they will write to you telling you your bank has refused their DD request and asking you to set up a new DD. At that point you can ask for "clarification" of what the payment is for.

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I now what the payment is for, its for a unsecured loan for a warrenty that I was missold by a Carshaft saleman whom told me it was a top up loan and the warrenty they provided was free.

 

As far as the finance company is concerned they just paid Carshaft the money for a warrenty.

 

My argument is trying to get the warrenty cancelled because it was missold as I didnt want it or need it and the sales guy knew that right from the off but made out that it was a top up loan.

 

Crafty Carshaft and its under handed tactics.

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  • 2 weeks later...

Update.

 

Been contacted by Linzi whom works for Carcraft customer services on 01706 753*** after she spoted my post ON ANOTHER FORUM and within minutes of me contacting her she called me back and stated that a letter has been sent via special delivery stating the warranty has been cancelled and also a suprise was in the letter as well.

 

Will post back with the outline of the letter and what the suprise is....................... naa I wount.

 

Why, because I didnt get one cent of help from this forum and had to resort to posting on another site which provide a resolution within days.

 

Regards

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oh god he's goona come after us with a baseball bat now too..

 

it was nothing to do with good or bad help here

it was solely to do with a member of their staff spotting your thread title

 

shut the door on the way out too.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guest Carcraft Customer Service Manager

Hi All

 

Linzi here, if anyone does require help from me, i would be grateful if you could contact me on here due to MSE not being best pleased with me for resolving a complaint that was on their forum.:mad2:

 

Therefore i will be unable to assist with anything that is posted on there for the time being.

 

Thanks

Linzi

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Hi All,

 

Now LInzi has posted on here Im pleased to say she resolved my problem fully and refunded my payment with thanks.

 

If anyone has a problem, please contact Linzi asap and Im assure whe will bend over backwards to make sure your happy.

 

Regards

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good

 

i'm glad you put away the baseball bat before she did that...............:lol:

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guest Carcraft Customer Service Manager

Cheeky!

 

good

 

i'm glad you put away the baseball bat before she did that...............:lol:

 

dx

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Guest Carcraft Customer Service Manager

Hi

 

A post seems to have been taken off - i got an email stating this was on there:

 

Hi Linzi

Thanks for helping out via this forum. I actually don't wish to slag off the selling techniques of CarCraft on the Premium First warranty - but could really do with some help regarding the aforesaid warranty.

If you can PM me that would be great. I tried to PM you but CAG wouldn't let me. That sucks :)

Thanks

Chris

 

As you couldn't PM me, please give me a call on [edit] and i'll be happy to discuss anything with you Chris.

 

Thanks

Linzi

Edited by dx100uk
no phone number pse -dx
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