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    • Thank you. Can you tell us who replaced the rear brakes in June 2019? Who paid for it? One slight problem here is that the amount of money you are dealing with is in excess of £10,000. £10,000 is the County Court small claims limit. When you bring a small claim – less than £10,000 – then even if you lose, you won't have to pay the costs of the other party. Over £10,000 and you will have to pay if you lose. On the basis of what you say here, you have absolutely no chance of losing but on the other hand the fact that you would have to bring the claim on the fast track brings comfort to the other side and they are more likely to employ tactics to intimidate you with the spectre of costs hanging over you in the event that you lose. This is something to take into consideration. You have two choices. One would be to consider claiming for the refund of the entire price plus any ancillary losses. The second would be to claim for repairs. On the basis that repairs will be considerably less than £10,000 I think that I would suggest you go for that. This means that you need to get the car thoroughly examined and get a quote for repairs and generally speaking putting into a proper roadworthy condition. In fact you would need two independent quotations. You would then, with our help, enter the pre-action protocol which would essentially threaten the dealer and also the finance company with 14 days to sort it out or else you will bring a court action and without any further notice. You would only make this threat if you decided to go ahead with it. It's not worth bluffing. Both the dealer and the finance company will probably use all sorts of tactics to delay and to prevaricate. You must not allow yourself to get dragged into any kind of protracted discussion. You make the threat. 14 days. Day 15 – you send them the good news. Once they have the court papers they will then start to realise that you are serious. The finance company will put pressure on the dealer and someone or other will put their hands up. It's up to you if you want to get involved in this kind of action. If not then I think you're going to have a hard slog
    • Ok trying to move this forward. just got a statement with £260 agents fees added even though they have no collected the car! Am I right in thinking this is illegal?   Moving forward is it best for me to submit an N244 with the court to try and stop them taking the car and for these unlawful fees? Could somebody advise what it is I’m asking the court to do as I don’t want extra time to pay as the account is up to date but I don’t want them taking the vehicle because I’m refusing to pay these agents fees!   could really do with some help  
    • The dealer is MK autos ltd in Milton Keynes.   We know the car was serviced by bmw once, as we called to ask but about 2 years ago.  The car was brought for £10,995 but with finance cost total will be £22,000.. Eye watering amount but again we was pushed into a corner. I needed a car my mum has terminal lung cancer and I do all the hospital appointments. We thought that we would be safe for a while at least.   Again I forgot to mention that although the car had a "service" the rear brakes went and were replaced on the 15th June 2019..   We have paid so far in total £2260 in 6 months.   I am prepared to fight this!!  
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Mike220359

Asked for the CCA, got alot more! (RBS)

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I sent off a CCA request (with £1 PO) regarding an agreement that I was defaulted on in November 2003, but paid the lot off in April of 2004.

 

I asked for the original agreement

 

a) so I could argue that the default should be removed

 

and b) that they couldn't hide behind the 'you agreed to the charges when you signed the agreement' when I went for the unlawful charges.

 

Sent the letter on the 25th July, got this letter back today.

 

Royal Bank of Scotland,

CRA Enquiries Dept.

RBS

PO Box 6050

Southend on Sea

SS99 1WL

 

Dear Sir,

 

Tahnk you for your letter, concerning information held with the Credit Reference Agencies for your credit card account. Please accept my apologies for the length of time it has taken to respond.

 

Your request for documents contains some misconceptions about your entitlement to information in a specified form and our obligations to supply that information. So that there are no misunderstanding here we will set the record straight on the format of the information we are obliged to provide you.

 

Your written request under section 78 (1) of the CCA must be accompanied by a payment of a fee of £1. (Funnily enough the PO was stapled to this letter) We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments taht still reuire to be made. In terms of theCC copy document, the true copy requirement can be satisfied by providing a copy at the date the card agreemnet was made.

 

As I am unable to provide you with a copy agreement at the date the card agreement was made and a copy of the current terms and agreement, any remaining balance of the card account has been written off and your obligations to us under the agreement are discharged.

 

I trust that the above clarifies matters for you.

 

Yours...

 

Miss H Bennett

Account Manager.

 

---------------------------------------------------------

 

Well there we are, not the greatest of letters and clearly not really well put together, nevertheless, I achieved my aims and now are sending off a Data Protection Act and a demand for the default to be removed.

Its a pity I didn't have the info given by this site three years ago it would have saved me £10,000

 

 

Mike

  • Haha 1

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Hi Mike,

can you tell me were you got the CCA request form and how does it work.

Kind Regards,

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Sorry, can you clarify what a CCA is?

 

If I read it right, they can't find a copy of your agreement therefore they have cancelled your debt?

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Dear Stuarti & Podgydad

There isn't a form for a CCA request, what you need to do is write to the bank that holds your account with a letter stating

 

Could I ask that you supply me with a true copy of the agreement. I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. I also understand that it is your obligation to provide me with a statement of account. I enclose a £1 postal order in payment of the statutory fee.

The thing is that if the bank does not reply within 12 working days, you can legally withold any payment due to them since they are in default of the act. If they do not supply a copy within a month from the date of the letter then they have committed an offence, and the debt becomes legally unenforcable unless the bank gets the authority of a judge to reinforce the agreement. The thing is that when the bank is in default no inters or charges may be added to the account.

CCA is jargon for 'Consumer Credit Act 1974', which governs some of he work that banks undertake, especially loans and credit cards.

The thing is that if the CCA act is not fully complied with the Bank gets into a lot of hot water when they try to enforce the debt. As the letter that started this thread shows, RBS didn't have the necessary documentation to manage my account. This opens up a right can of worms, that really I can't talk about here since it's now obvious that financial institutions read threads to gain insight into waht is going on. I'll post any results when they come to fruition.

Kind regards,

Mike

 

 


If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Guest willowb
but paid the lot off in April of 2004.

 

Its a pity I didn't have the info given by this site three years ago it would have saved me

:eek: I don't believe that they'd do that without a struggle! In all the threads (Mostly SB's stuff) it always states to use these letters on closed accounts only. I've recently send SB's template letter to Barclaycard (in legalities section) so I'm waiting for a response on that.

 

Wxx

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The account is closed thats the daft thing about it. I was defaulted in November 2003, but they were still updating the CRAs in May of 2004

 

Mike


If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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