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      Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. 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During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. 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This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

HPH2/? Claimform - Old 2009 Santander Overdraft 'debt' ***Settled by ADR ***

Ladylovessalsa

By Ladylovessalsa
in Legal Successes

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Ladylovessalsa

Ladylovessalsa

Posted
Posted

Hi there

 

Just needed some advice re: the above.

 

This was originally an unauthorised overdraft from Abbey that I was paying off bit by bit

 

Abbey forwarded it to 1st Credit.

 

I sent the CCA letter to 1st credit and in response

they sent me a statement but not a signed agreement.

 

Sent them the account in dispute letter and was sent the attached response.

 

Just want to know what do I do with this?

 

What does it mean?

 

Let me know

 

ladylovessalsa!

1st Credit response.pdf

1st credit letter 1.pdf

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Hardupnotfedup

Hardupnotfedup

Posted
Posted

Overdrafts are not completely covered by CCA they are exempt from part V of the act which refers to the form and content of an agreement. You will only be able to get a statement of account via a cca request.

 

Your link above was only to photobucket site, not your document

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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  • 2 weeks later...
silverfox1961

silverfox1961

Posted
Posted

Hi,

 

Now, Worst Credit don't seem to understand what they are doing as you CCA'd them for an overdraft

which isn't generally covered by the CCA 1974 (part v exemption)

and then they say they have put the account on hold because they can't provide the agreement:confused:

 

All they should have needed was a little info from Shabby to enforce this debt unless Abbey have totally screwed up and don't have this info.

 

Anyhoo, while they have their heads up their ar*e I would sit back and relax but

don't be surprised if this pops up again once they realise their error or they flog it on to some other lowlife.

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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Helenatroy

Helenatroy

Posted
Posted

Ladylovessalsa

 

I had an Abbey Overdraft when I had my financial problems.

The (overdraft) debt was sold to a DCA.

 

DCA eventually contacted me for the debt.

 

I then cca'd the DCA (I was aware about the cca exemption, but I cca'd them anyway)

 

DCA after a few months sent me a copy of the application form used to

open the A.N. bank account.

I noticed on the application form that the option for overdraft had been ticked as 'no'.

 

I therefore wrote to the DCA (amended a template to use for my particular case) telling them that I never had an overdraft for that account. If they look at the application form they'll see that option for overdraft is ticked as 'no'

Also, if there was an overdraft for that account, I want to see the letter with terms etc that Abbey would have provided me - and besides when the account was closed the balance was zero (tbh I hadn't a clue what the balance was when the account was closed).

 

The DCA after a few more months (by this time the account had been closed for nine years) managed to send me a couple of years worth of my bank statements - however all on blank A4 paper (that anyone could have typed).

And the balance WAS ACTUALLY showing as zero :) with the final transaction showing the actual balance being transferred to ANPF (Abbey National Personal Finance).

 

So I then wrote to the DCA stating, "I told you so" :) the balance of the account when closed was zero - plus they still haven't provided anything in writing from Abbey saying that I indeed had an overdraft.

 

I haven't heard from that particular DCA in almost a year now.

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hungrybear

hungrybear

Posted
Posted

They will put it on hold then come back and say there does not need to be an agreement for an overdraft because of the part v yada yada so pay up

 

At which point you tell them that actually yes there does have to be an agreement since an overdraft is covered under section 10 of the cca. However, if the oc had a part v exemption (technically they have to prove this) then the agreement does not have to be in the prescribed format in part v BUT it does still have to exist.

 

As helen said above, without any paperwork they are just some bloke saying 'you owe us money'

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hungrybear

hungrybear

Posted
Posted
Hi,

 

Now, Worst Credit don't seem to understand what they are doing as you CCA'd them for an overdraft which isn't generally covered by the CCA 1974 (part v exemption) and then they say they have put the account on hold because they can't provide the agreement:confused:

All they should have needed was a little info from Shabby to enforce this debt unless Abbey have totally screwed up and don't have this info.

 

Anyhoo, while they have their heads up their ar*e I would sit back and relax but don't be surprised if this pops up again once they realise their error or they flog it on to some other lowlife.

 

technically it is perfectly correct to cca for an overdraft in the first instance. It is for them to prove part v exemption not for you to assume and THEN they still have to come up with an agreement (usually a letter stating apr limit etc which must have been sent within 30 days of you agreeing the od with the oc) and compliant DN

 

I'm struggling to know what all the fuss is about

 

the letter is a final response

which says we cannot enforce goodbye,

which you put somewhere safe and forget about them

 

Never converse with the reigate rabble unless you really have to - for one thing the never answer your questions

 

, just send a load of drivel..

 

Think I might get my son to do them a letter next time,

 

he's 6 so he should have a lot in common with them

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  • 1 year later...
Ladylovessalsa

Ladylovessalsa

Posted
  • Author
Posted

Hi there Caggers!

 

Well as the Bear predicted.

.. this debt has returned and now Abbey have sent it to Moorcroft.

 

I sent them a CCA and put the account in dispute (getting good at this)

 

and they have sent me the following response,

 

what does it mean and

 

what should I do now?

 

Lx

Moorcroft scan.pdf

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  • 1 month later...
Ladylovessalsa

Ladylovessalsa

Posted
  • Author
Posted

Hi all,

 

Well, left Abbey and a £2.5k overdraft around 3-4 years ago.

 

They keep sending the debt to various debt collection agencies and adding more money on

but the upshot is that I only want to deal with Abbey and not the debt agencies.

 

They have now passed it to Moorcroft and

I have sent them a CCA to which they have responded that although they can't provide a copy of the agreement

it means that I'm still liable and that I have 14 days to contact them.

 

I sent them the account in dispute letter and then I think they sent me a letter from a company called 'Midas Legal Services' or something

about saying that they were going to get legal on my derriere...

 

I sent them a letter that said the debt has not been acknowledged and that I should not have to remind solicitors la la la..

. and now they have sent me the home collections letter which I have attached.

 

What do I do now...

Can they clamp my car?

Do they have the same rights as bailiffs.

I've just got rid of the bailiffs!

 

please help.

 

Lady (used to love salsa but can't afford to anymore)

Scan 00206B637BC8110314154546 from STC602KMC_1.pdf

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rockwell304

rockwell304

Posted
Posted

Midas Legal Services! what a joke! a dormant non trading company capitalised at £2 when I last looked.

You are supposed to be impressed, and scared by the word legal.

 

29/12/10 STATEMENT OF CAPITAL;GBP 2

 

There you go! straight from Companies House.

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  • 1 month later...
Ladylovessalsa

Ladylovessalsa

Posted
  • Author
Posted

the debt has been returned to Santander and

they have sent me a transaction statement summary this morning

showing an opening balance of 2470.56.

 

There is a small note on it about Dispute Resolution

and a separate note about understanding your statement

 

There is a FAQs 'What is a transaction summary statement?

It shows a list of transactions on you account and how much is owed.

 

Any recent transactions

including costs associated with taking legal proceedings against you may not be shown'

 

There is all sorts of stuff about Transfer to Debt Purchaser? and assigning the amount to a third party company

and what happens if they have sold my account to a third party..

 

Can you tell me what they plan to do now if I decide not to pay or can I offer them a minimum amount?

 

I'm already with the CCCS and I'm paying £1 to all unsecured creditors.

 

What can they do to me now?

 

What's the worst they could do?

 

thanks

 

 

 

 

Ladylovessalsa!!

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teaboy2

teaboy2

Posted
Posted

Is their any bank charges applied to the amount owed? Is so reclaim them all from the last 6 years,

 

Also when was the last payment made on the account?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Ladylovessalsa

Ladylovessalsa

Posted
  • Author
Posted
Is their any bank charges applied to the amount owed? Is so reclaim them all from the last 6 years,

 

Also when was the last payment made on the account?

 

I stopped using the account over 3 years ago when I opened a new account with Lloyds tsb,

 

 

I was paying them, something like £5 per month but then they sent it to a DCA without telling me

and then I spent most of the last two years trying to get the DCA to send it back to Santander,

it started off with 1st Credit and then Moorcroft.

 

 

The amount has increased slightly

3 years ago I did claim my bank charges back and I got back £800

(which is a fraction of what they have had out of me over the years!)

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teaboy2

teaboy2

Posted
Posted

I see. Yeah they are buggers for passing accounts on to DCA without telling you. Anyway, i bet the DCA has added charges and santander may well have added additional charges since you reclaimed. So you can always reclaim those and any interest added to the account.

 

Basically the Sharpe V Bank of Scotland will be a very exciting case to watch, as the outcome of that may open the flood gates to reclaiming all bank charges back. I wouldn't rely on any full and final settlement preventing you from reclaiming the rest either as cashing the cheque is an incorrect view of acceptence of the full and final, so if your intention was to accept more than what they offered in the full and final, you may still be able to reclaim the rest.

 

See post 4 here for more info on full and final - http://www.google.info/forums/showthread.php?t=21159

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 3 years later...
Ladylovessalsa

Ladylovessalsa

Posted
  • Author
Posted

I also in a similar situation I have an outstanding overdraft with Santander for £2470.00 which was sent to Robinson Way and now I have received a letter from Howard Cohen. I haven't paid anything on the debt for at least 5 years and I have had not correspondence with Santander/Robinson Way or Howard Cohen at this point.

 

 

They are looking to take out a CCJ against me. How can I stop this? I need to act really quickly as it came on the 6 April while I was on hols...

 

 

Help quick please ...

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dx100uk

dx100uk

Posted
Posted

sorry so you have received a claimform?

 

 

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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dx100uk

dx100uk

Posted
Posted

4 threads merged on same debt

 

 

you have a threat-o-gram from cohen

 

prob due to it getting near SB date now,

 

pers I'd ignore anything bar a claimform.

 

 

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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silverfox1961

silverfox1961

Posted
Posted

I agree with DX, The fact that various DCAs have had plenty of time to do so before now but chose not to says something.

 

If you do get a claim form, this thread can be moved to the legal issues section where better help can be given

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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citizenB

citizenB

Posted
Posted

Ladylovelessa, I have merged your thread with the ongoing one you already have.

 

Can you please provide answers to the questions asked in the link below. You will need to copy and paste the first post of the link below into this thread and pop your answers alongside.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Once you have done that we can advise further.

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