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    • stuff and all they can do .......they are TOTALLY powerless   and you are well used to dealing with REAL bailiffs anyway looking at your history   
    • ok Finally got home!   I'll try and keep it short however we finally got to an agreeable place   Walked over to sales as there was no more servicing could do especially as the aftersales manager quite simply said they will not be footing the bill. Spoke to the salesman, updated him and he was lost for words and had to ask me where things were left -  Requested senior management to come down - both head of business and general sales manager are off for half term.  That left the buying manager - ironically the same who purchased the car in for the dealership.  He was called downstairs but in the time that he did, he must have called the aftersales manager.   Once down, everything suddenly changed -  I was told they are now 'reaching a compromise' (I assume between the two departments) and it will be put right.  The part is being ordered, is on backorder for 2-3 weeks and once in, they will fit it. This of course means I am potentially out of my 30 day exchange/1000 mile exchange however appreciate I can drag it out if it came to rejecting it.    I got the aftersales manager to put in writing the part IS being ordered and if the part does not for whatever reason fix it, I CAN exercise the exchange regardless of how many days/miles I am out. --This was CCd to the sales manager, the service advisor and the buying manager stating he is accepting/making the decision in the absence of the two other managers.   So all in one- another wasted 5 hours there + the drive up/down but we are hopefully now at a point the final issue will be either permanently fixed or it will be the deciding factor of returning the car.  The part-ex has also gone so it's not like we could even just change back for now.   The part is scheduled to arrive pretty much the week of our due date which really messes this up in terms of transport/planning however we'll cross that bridge then - for now, I need to destress the other half who really did not need this especially with what is essentially for her the baby car    Could I ask - IF it does not fix it and we decide against the exchange - can we still reject?  If we can, what happens to the part-ex thats now gone/auctioned off?   I too believe 99% it will fix it but just curious.     Also just for anyone else taking an interest, the MMI unit that is faulty is not just the navigation but everything Audi - phone, radio, cd, sd card, service indicators, settings for the various components - its all part of the MMI brain.  And so the reason this is important that it is resolved is usually with this unit, if one part fails, it's likely the entire unit will fail.      
    • They don't have to care.  This is Britain - the biggest reaction will be some mild tutting.  The main goal now must be to keep the fear factor high whilst ensuring the pockets of the few continue to be lined.   
    • Cat 6 Marker then. Thats one of the worse you can get.  As @Andyorchsaid... You might need to go to the FOS etc to get this done. We had someone else who went all the way with Tesco and lost. Cat 6 Markers are very difficult to get removed.
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      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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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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Limitation Act 1980 - overpaid wages from 2003 - can they get me?


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Someone I am helping is being taken to court by a party claiming an alleged overpayment of wages relating to payments made to her that began in early 2003.

 

These payments varied in the first year but remained a fixed amount since 2003 until the middle of 2010 when their employer noticed the payment.

The former employer admitted that the employee had not caused these payments to be made in any way.

 

Several times, it was pointed out to the employer that payments made six years prior to their discovery were certainly statute barred.

 

They tried quoting the part of the Limitations Act that allows the clock to start from "the discovery of the mistake"

but I pointed out to them that could only be the case if the mistake could not have been found, with reasonable diligence, earlier. They have ignored this.

 

The employer are in possession of no more facts than they had when the payments were made.

The former employee has not accepted that this debt is owed.

In one communication, it was actually asked why this question was being ignored as though it did not exist.

 

In 2011, Ascent are pursuing every single payment.

Irwin Mitchell are pursuing the payment.

They were advised that the whole sum could not be pursued as this included payments that were made in 2003.

 

This year, the party, took her to court and have unbelievably refuted the Statute Barred defence with their defence that they did not discover the mistake(s) until 2010

and claimed that stopped the claim being Statute Barred.

 

They have never claimed that the mistake(s) could not have been found with reasonable diligence at the times when the payments were made.

 

Although, the individual payments have been supplied, the actual net payments made to her have never been broken down.

Only the total net payment has been requested.

 

It gets better, the party who are pursuing the debt are... wait for it ... the one and only Ministry of Justice.

 

There are also other issues that can be had with their claim but I am interested to know about the time barred element of this situation.

 

Am I out of perspective by stating this situations is BONKERS?

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if you take this the same way as lets say PPI, it IS when the 'mistake' is discovered.

but you have to prove that you had no other way to know it was - in the PPI situation, there is clear evidence

through publicity this is so.

 

in this case it is more difficult for them i fear, as you point out, they had staff in place and PAID

to do their job, they failed, why should the person be responsible for their staff/dept lacking ,

 

just remember IR are a solicitor for hire & ascent are a DCA - me thinks they are chancing their arm.

 

i'll move this to the employment forum.

 

i think it is statute barred

 

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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They do have the right to recover overpayments, whether it's their mistake or not. dx 100 is quite right, the 6 years starts from the date the mistake was discovered. If you look on hte web, there are plenty of cases to show that they will be entitled to recover. Not what you want to hear, but true.

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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There may be a case for contesting this on unfairness due to the

length of time elapsed I believe this has been done in the past

in relation to overpayments by the MOD.

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:

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They do have the right to recover overpayments, whether it's their mistake or not. dx 100 is quite right, the 6 years starts from the date the mistake was discovered. If you look on hte web, there are plenty of cases to show that they will be entitled to recover. Not what you want to hear, but true.

 

No, not what I wanted to hear. I wanted to hear chuckles.

 

Dx100uk is right in stating that the six years can start from the date the mistake is discovered

but,

as he also says but you omit, only if the mistake could not have been found earlier.

 

You have done what so many other parties have done;

perhaps you did it to amuse me.

 

I challenge you to find a SINGLE case on the web that shows that the claimant will be entitled to recover overpayments of wages made over six years

before merely because the employer had not found the mistake until within six years of the claim.

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no neither could i find any examples

i've moved this to the employment forum

 

i'm sure there is 'some other rules' that play a part here 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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Let us please not let this thread which has meaningful input and good

purpose be derailed by ''arcane'' points of law DX is right I can find no

support for any entitlement that claimant has been successful in such

a case after 6 years.

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:

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Thanks. This is why I am very surprised they have gone to court for the whole lot, especially as it has been pointed out time and time again. I think rameses was just having a friendly joke.

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Friendly Joke? Not a joke really, friendly yes, but it's true I can find no cases of recovery after all this time

Perhaps people on this forum have the wrong impression of me. i was actually even once accused of being a DCA!! Those who know me would know what an insult that was. It's just that nowadays, I think DJs are finding less and less in favour of the debtors, and they are tending towards the creditor

Discussions on points of law may be interesting to some (i could argue them all day) but not helpful to others

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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My feeling is that the instances of blatant debt avoidance on all levels

had over the past decade risen out of all proportion couple this with the

ever increasing levels of fraud in the finance industries has forced judges

to revert to the balance of probabilities when deciding if a debt is payable

or not.

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:

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