Jump to content


  • Tweets

  • Posts

    • Your consumer rights within six months If a product develops a fault within the first six months after purchase, it’s assumed it has been there since the time of purchase. This means it’s up to the retailer to prove it wasn’t there when you bought it. If a repair or replacement has failed, you have the right to reject the goods for a full refund or price reduction. Your consumer rights after six months If a fault develops after six months, it’s up to you to prove it was faulty at the time of purchase or delivery.   .
    • Thank Dx , Im guessing its a waiting game for now .
    • Hey Fkofile , Im one of those that have been affected by it ! i made a post about it . my credit score has already been affected by it .
    • We initially raised a complaint with the finance company who told us that as its over 6 months the consumer rights act won’t apply and we would need to provide evidence of the problem being there at purchase. As we have only just got the report from Mercedes we haven’t been able to submit this within their 14 day timeframe. Is this not the case then? Thanks
    • The previously little-known Chinese-American businessman’s fortune was transformed by the British taxpayer through 11 government contracts worth approximately £4.3bn for lateral flow tests (LFTs) made in China and sold by Innova. Charles Huang says contracts generated $2bn (£1.6Bn) profit   The government fast-tracked the company after its British representatives sent a direct email to Dominic Cummings, the chief adviser to the then prime minister, Boris Johnson, in July 2020. And, a Guardian investigation has found, the fast-tracking of Innova was supported by the then chancellor Rishi Sunak’s team at the Treasury. Innova became for a period of at least four critical months the only company authorised to supply rapid Covid tests in the UK, despite scores of others developing similar kits. At the time, the government spending watchdog raised concerns   Boss of US firm given £4bn in UK Covid contracts accused of squandering millions on jets and properties | Coronavirus | The Guardian WWW.THEGUARDIAN.COM Exclusive: Rishi Sunak’s team helped fast-track deal with firm founded by Charles Huang, who says contracts generated $2bn profit  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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
        • Like

letter in dispute to dca


davidm53
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4575 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hi i am sending a letter in dispute to COUGAR finiance they sent me an application form back on my CCA request and have been advised to send the dispute letter ,what i need to know is ,where it says

you confirm this is a true copy of the original agreed document executed by yourselves on XXXX

what date do i put where the red XXXX are todays or the date on the application form they sent .

thank you

 

i posted a new thread because my original is quite long

 

original thread http://www.consumeractiongroup.co.uk/forum/showthread.php?300188-credit-card-debts&p=3350849#post3350849

Link to post
Share on other sites

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 2 weeks later...

In my opiinon given recent changes regarding

documents reconstituted for the purposes of CCA 1974

the application form clearly shows Agreement Regulated By CCA !974

above the signature panel, which will contain the advice sign only

if you wish to be bound by thr terms and conditions or similar

wording, given that a recon has been supplied +Ts &Cs I would

struggle to see the whole thing as unenforceable, especially if

they produce proof such as statements showing traceable use

of the facility.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

In my opiinon given recent changes regarding

documents reconstituted for the purposes of CCA 1974

the application form clearly shows Agreement Regulated By CCA !974

above the signature panel, which will contain the advice sign only

if you wish to be bound by thr terms and conditions or similar

wording, given that a recon has been supplied +Ts &Cs I would

struggle to see the whole thing as unenforceable, especially if

they produce proof such as statements showing traceable use

of the facility.

so i will offer a payment , going to pay by standing order £5 pm

thanks for the help

Link to post
Share on other sites

this is what i sent as dispute letter

 

ACCOUNT NUMBER ******************—CAPITOL ONE CARD

 

 

Dated 31/10/11

 

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms ) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing any personel data relating to me on this matter.

 

Yours faithfully

Link to post
Share on other sites

bump

 

Erm, why :lol:

 

What is your question ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

david

as nishi asks, is there any more on/to that app'n form you posted?

 

you mention bazboo advice. is this your current thread on this? http://www.consumeractiongroup.co.uk/forum/showthread.php?300188-credit-card-debts/page7

yes that was the first thread i started but it was a general thread about credit card debts ,however this one is just about capone .hope it was ok to start a new thread .

didnt get any response from my failed letter but got this today from another DCA same capone account

 

fredinternationalletter.jpg

Link to post
Share on other sites

yes that was the first thread i started but it was a general thread about credit card debts ,however this one is just about capone .hope it was ok to start a new thread .

 

 

no probs. but you've also posted this letter the same for comment in your other thread! maybe best to keep to one thread?

Edited by Ford
Link to post
Share on other sites

If they have only sent you the current T&C then as this is for a credit card that can be varied then they have not complied to your CCA request they have to send you the T&C that were in force at the time of inception of the agreement to show that they are allowed to amend the agreement.

 

dpick

Link to post
Share on other sites

If they have only sent you the current T&C then as this is for a credit card that can be varied then they have not complied to your CCA request they have to send you the T&C that were in force at the time of inception of the agreement to show that they are allowed to amend the agreement.

 

dpick

 

hi dpick thank you for your response the two pics in post 12 are what they sent me, plus 6 double sided pages of terms and conditions .it says on page one-- your current t&cs

what should i do regarding this new DCA as they are phoning me 5 times a day .and have also sent me a letter ,i have already sent the failed letter to the previous DCA

Link to post
Share on other sites

There is a draft letter in the CAG library that you can send in respect of the telephone harassment.

 

You should have received in response to your s78 request.. a copy of the agreement (or recon), terms and conditions from inception AND current terms. Also you should have received a statement of account which shows how the balance has become due.

 

If the account has been assigned to them, then you should also have received Notice of assignment from either the new owners or the original creditor.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...