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    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • 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.
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Capstone repossession


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Did you ever receive a response to your sar?

 

If not have you reported them to the ICO?

 

Write to scotcall as advised above saying that you are awaiting info from sar, that you will only communicate in writing and will not accept or pay for any visits.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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  • 2 weeks later...

just remember dlc/snotcrawl/any DCa

ARE NOT BAILIFFS

they have

NO SUCH LEGAL POWERS

 

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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  • 1 month later...

Hi just an update

 

I have still yet to receive any response but

 

yesterday noticed a car park outside and the passenger was looking at my car on the drive

and seemed to be writing down the reg.

 

I am so concerned that they are now getting ready to send a bailiff in that I've hardly slept.

 

Are they likely to send the bailiffs in without any warning

as there was a money order attached to the repossession.

 

Thanks for your help.

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Hi. Did you get your SAR and breakdown of amounts in the end?

 

Unless they have been back to court for another hearing to enforce the debt, no Bailiff will be round. You will have had a letter from the court if they had been back. Just becuase there was a money order doesn't mean Bailiffs.

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Hi no never got any letters so I'm ashamed to say I just left it

but with this car thing it's shook me up a bit again.

 

I thought because they'd got a money order at the time of repossession

 

they could enforce it without going back to court so that's a relief.

 

Maybe they are just a tracing company

 

and I'll get a letter shortly

 

I've also been contacted by mackenzie hall through email.

 

Thanks for your reply it really helps.

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It's a lot of money. Maybe even enough to send someone from the office out to see what information they can get on you. DCAs need information to decide what approach to take. Maybe (at worst case) that is what it was.

 

They ask for I&Es not because they are gentlemen and abiding by "the rules" but that information is a gold mine when it comes to reviewing your account to decide how best to manage it.

 

I digress - sorry. But, like I said, no enforcement = no bailiff.

 

You really should send Mackenzie Hall the same letter you should have sent before. Awaiting a breakdown of the amount owed and the SAR etc. That should keep them off your back.

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