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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • lolerz
      Big Motoring World Leeds vehicle not as described

      By lolerz · Posted

      Hi Baldilocks. Welcome to CAG. I've done some minor formatting edits to your post to make it easier to read for people on mobile. Try to keep to 1 or 2 sentences max before creating a line break in your post. It's the Consumer Rights Act 2015, not the Sale of Goods Act 2015. The Consumer Rights Act 2015 superseded The Sale Of Goods Act 1979 and the latter does not apply as I imagine this purchase was made after 1st October 2015. Can you confirm the make, model and age of of vehicle? Some vehicles have their service history stored within the on board computers now or have it available to view online at any point. How did you pay for the vehicle? Finance (what type), Debit/Credit Card etc? I would argue, that should the above points not be correct, you would be right to claim that the goods are not as described under the Consumer Rights Act 2015.  
    • Dave962
      TPS ANPR PCN PAPLOC Now Claimform - Wrong Reg - boddingtons Gt Ducie Street, Francis Street, Manchester, M3 1PQ

      By Dave962 · Posted

      Thanks everyone for all your help, but unfortunately my case was dismissed. This is the 2nd time I've had this happen now so I doubt ill be taking on any parking firms in future sadly. The judge said I lost it on the grounds that the sign said I had 28 days to declare who the owner of the vehicle was, and said I should have complied with this.  My costs are Judgment for the claimant £133.33 Issue fee Hearing fee Solicitors costs - total £265 grand total £398.33 Do those costs look about right?
    • aesmith
      my Leasehold/Freehold property and it's issues.

      By aesmith · Posted

      In that case I don't think you'd have any grounds for a claim against the receiver, short of anything actually criminal. The receiver was appointed by the lender so any claim you make should be aginst them. How much equity do you reckon there was when they took possession? Realistic value less outstanding balance (including arrears).  This messing around makes me wonder even more if the property was wildly over valued. Normally a lender would sell and not really care if they got the best price so long as they covered the balance plus their costs. 
    • Bilali8
      ECP PCN Rental Car - paid by app - no receipt - appeal refused - Mayfair - Achilles Way

      By Bilali8 · Posted

      Hey @lookinforinfo I'm not sure, I don't believe he told them he's the driver. He must have selected an option saying that he's appealing on behalf of the driver or something of the sort. In more news, however, these wannabe thugs are back at it again. Honestly, what a joke. In the letter they sent before this it said they had made "2 attempts" and in this letter they said "4 attempts", I wonder what happened to the "3rd attempt" lol.  WhatsApp Image 2024-04-18 at 14.06.07_44abc9c8.pdf
    • Baldilocks
      Big Motoring World Leeds vehicle not as described

      By Baldilocks · Posted

      Hi all, I purchased a car in January from Big Motoring World Leeds. At the time of sale I was shown a tab on the salespersons computer marked 'service history' and I was able to take comfort knowing that the car had been serviced on 3 occasions as the date, mileage and company was there on screen. Being a 3 and a bit year old car that, in my mind, constituted full service history 🤷‍♂️ Anyway, collected the car a week later. Once home I settled down to through the book pack etc. Opened the service history booklet and it was completely blank. In addition there were no invoices detailing that any services had been done. I duly contacted BMW and asked them to supply me with proof of service history. They responded saying that on their 'vehicle documentation checklist' I had ticked and then signed to the fact that I had seen the service history and that I was happy with it. I dug out this checklist and what it actually states is 'seen service history online' which I had in the showroom. BMW seem to think that this satisfies their responsibility in providing service history. The reality is that I don't have any proof that the vehicle has ever been serviced! For my own peace of mind I ended up paying for a service that satisfied the manufacturers maintenance schedule to the tune of £330. I even complained to the finance company that the vehicle contravenes the Sale of Goods act 2015 as l, in effect, ot is not as described. Amazingly they weren't interested and instead I just got an email stating that it's not illegal to sell a vehicle without service history and that servicing costs were part and parcel of vehicle ownership. I've since complained to the ombudsman and am awaiting to see if they can help. I have no issue with the car but the treatment and customer service has been the worst I've ever experienced. I don't really know what to do next as I really do feel aggrieved that I've had to pay to service a car that should have already been serviced. Can anyone point me in the right direction please? 🙏

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      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.

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      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.

Rockwell harrassment letters/calls - old £1500 BH loan from 2005

Scarlett136

By Scarlett136
in Black Horse

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Scarlett136

Scarlett136

Posted
Posted (edited)

Hi hope someone can give me advice pls.... Im also a new user so bear with me :)

 

 

received a letter couple weeks ago from rockwell saying i owed £1,376 from a debt with black horse!

 

I wrote back asking for copy of signed agreement as proof, which i'm now in receipt Of.

 

I wrote a further letter to ask for proof of my payments, which i received yesterday.

 

The account was opened in oct 2005 and regular payments were made and at some point it had been passed to a dca

as i couldnt maintain payments due to a change in my financial circumstances.

 

I did set up a payment arrangement with the debt company initially paying £5 per month,

this was increased due to further pressure from them to £10 per month,

then again to £15 per month and again to £20.

 

 

From the paperwork rockwell have sent me it shows payments made from 28/11/06 upto 3/8/11.

these were standing order payments and i did not cancel the s/o so assumed the debt had been paid. I have heard nothing since up until now...

 

I did move house last april (2012) but again had no correspondence until now.

 

Can anyone advise what i should do next as i dont believe i owe £1,376 from an original loan that was for £1,500.

 

They're also asking me to provide financial statements, which they're not getting, unless i'm asked to do so by a court.

 

Thanks for reading hope someone will reply soon with advice :)

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citizenB

citizenB

Posted
Posted

Have you received proper statements or simply a list of payments made to the account ?

 

If just a list of payments, then you are going to have to send a Subject Access Request to obtain the statements so you can see if they continued to add interest and charges whilst you were in a payment plan.

 

From what you say, I think they have indeed done this.

 

In which case, once you have the statements then you can enter all the charges into a spread sheet and ask for those back.

 

You will find a draft SAR request in the CAG library, top left of screen - highlighted in Green. The request will cost you £10.00 - it needs to go to the Original Creditor and they have 40 days to comply. The request is for ALL data in connection with your financial relationship with the creditor not just statements.

 

Meanwhile you need to respond to Rockwell's letter. Along the lines of.

 

You are disputing the amount they say is owed and until you receive the information requested from the Original Creditor, you are not prepared to enter into any discussion with Rockwells.

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Scarlett136

Scarlett136

Posted
  • Author
Posted

Thank you so much for your quick reply..

.no statements just a list of payments from them.

 

I'll send sar request and write back regarding dispute amount etc.,

i'll post back on here once i hear back.

Thanks again u've been a great help :)

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renegadeimp

renegadeimp

Posted
Posted

Canyou post up a copy of the agreement you got from rockwell?

Since the account was created pre april 2007 it must comply with specific provisions and cant be a reconstituted copy.

 

Rockwell almost NEVER have the correct paperwork to enforce a debt and they are known for making things up

and passing them off as legitimate.

 

Rockwell only get hold of a debt if it is unenforceable in some way and nobody else can get money from it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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renegadeimp

renegadeimp

Posted
Posted

You need to use a scanner and then convert it to a PDF, or you can take a pic of all the pages, front and back using a smartphone, then edit it in paint.

 

SInce it is pre 2007, you would need a copy of the original application form, terms and conditions when the account was created, plus the terms when it was closed. Post April 2007, they can just cobble some random stuff together and call it valid.

 

As i said, if rockies has hold of the debt, then there is something very wrong with it. Rockwell are one of the lowest level DCA's that there are and only get the debt when every other DCA has given up on it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

This agreement you have received does it have all the Ts&Cs on it?

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renegadeimp

renegadeimp

Posted
Posted

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Edit and send that.

 

 

Edit: i should add that you also need a full statement of account with the CCA response. As i thought, they dont have the correct paperwork, so you need to tell them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
No

Can you tell me what is on the agreement please, don't send anything yet this sounds like either a reconstituted agreement or an app form either way it is not compliant imo.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
The copy does show my signature... :( does that matter

What else is contained in the body of the form?

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!

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renegadeimp

renegadeimp

Posted
Posted

Nope. AS i said, pre april 2007 it needs to comply with specific provisions. What they sent you doesnt. They know it and hope you dont.

 

Copy of the original appform/credit agreement

Statement of account showing credit and debits

Terms and conditions when the account was opened

Terms and conditions when it was closed.

 

Did they send you all of those?

 

I've had similar dealings with capquest.

 

Edit: Beaten by the brig again :)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Scarlett136

Scarlett136

Posted
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Posted
Nope. AS i said, pre april 2007 it needs to comply with specific provisions. What they sent you doesnt. They know it and hope you dont.

 

Copy of the original appform/credit agreement

Statement of account showing credit and debits

Terms and conditions when the account was opened

Terms and conditions when it was closed.

 

Did they send you all of those?

 

I've had similar dealings with capquest.

 

Edit: Beaten by the brig again :)

No they havent.....

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renegadeimp

renegadeimp

Posted
Posted

Then they havent complied. Edit and send that letter.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
No they havent.....

Please tell us what is actually on that form!

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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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Ok so this is NOT compliant.

Send this rather than the standard template.

 

To:

 

The Compliance Manager

Rockwell.

 

Ref: use the on their letter.

 

Sir/ Madam

 

Complaint re Non Compliance.

 

I refer to the recent communication from Rockewell and the document that Rockwell has provided purporting to be a compliant credit agreement I am sure Rockwell is fully aware that the document provided is NOT compliant with section 77/78 of the CCA 1974, nor does it comply with the criteria laid down for a ''reconstituted '' agreement.

 

I am aware that the ''original'' agreement will be needed should Rockwell decide to escalate this matter to litigation.

 

Therefore this alleged debt/account is formally disputed and no further correspondence will be entered into unless a compliant agreement is provided.

 

Recorded Delivery.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Thank u for all your help with this, really appreciate it i'll get that letter sent straight off, recorded delivery of course! :)

 

OK make sure you check the delivery date, please let us know the result.

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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