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    • Hi @BankFodder and Dx100 thanks for your replies. Well nothing has defaulted yet as I had been able to make payments up until this month for everything. This/next month is when the shit is going to start hitting the fan basically and I want to  The livelend loan is about a year old.  Bamboo is like a month and I've made one payment Likely a couple of months and I've made two payments.   Aqua credit card I've had for a few years and it started with a smallish limit and they kept increasing it. Say it went to up to 1600 at some point and I used it and paid it back and didn't use it and they increased it a couple of times. I had always paid it off and had it sitting there doing nothing so they were quite happy I guess. Interestingly they actually cut the limit by 300 to just under 4000 and I got a letter saying after a review they were doing that (I don't know what triggered them to do this). It was only in June that they increased it significantly from approx 2.5k or 3000 to 4100.    Capital One credit card I think they increased it once and again I only used it once and cleared it and then they increased it slightly and I've utilised it all now. I have probably had it a year or so. Paypal credit they just offered me 2.5k limit and I used it for buying things. It was probably opened 18 months ago. I missed payment last month but paid it since. Barclays I've been with for years and am actually premier (lol) and have had loads of money going through my account but never sitting in there for long and I actually don't have to pay anything for my overdraft.   Santander I have had the account for a few years but never really used it too much, it was more of a backup current account and I used it for work once where I needed to keep some things separate. They only recently let me have an overdraft and I basically spunked it up the wall this month.   @dx100uk Thinking about it I didn't have any real credit for a fairly long time aside from payday loans which I got into a trap with but basically paid off.  The only thing that was a major negative on my credit file was the closed Halifax account with a balance of between -£3.7k or -£5.2k depending on when they looked at it. So what I'm saying is I don't think it was shot to shit (though it certainly wasn't good enough to get many "normal" low-interest products.   Bamboo and likely loans are, I imagine, high risk lenders in that they will give them to people with not great credit but with that comes high interest. I think one is 60% and the other 70%! These were basically used to try and gamble my way out of the shit (oops :o). Nobody sane would take out such loans but as I've admitted I'm deluded. Livelend they were more reasonable around 13%   I feel like I could have a chance with bamboo and likely about irresponsible lending and it doesn't hurt to ask. With everyone else (basically the credit cards) I think I should just write and offer them £1 a month and say I will review in 6 months (or is it 3? I forget the standard practice).   I didn't realise that considering DRO or BR was "stupid"; The amount I owe feels insurmountable and hence this is why I was considering those options...    Is it better to approach them now or wait for things to default? I don't mind if they pass them off to DCAs but I would prefer to get them to agree to freeze interest so the number owed doesn't rack up. As I've read countless times DCAs are basically powerless and have to work with what I offer (which, currently, is basically nothing). I still want to bury my head in the sand but I think for my mental health it would be better to get ahead of things. I guess I shouldn't care about my credit rating now. There's no reason I need to get in this position again. I know that I need to do things in writing and refuse to talk over the phone. Are emails suitable in this day and age or do I need to stick to physical letters? I think that recorded delivery isn't necessary just proof of postage?   Sorry for the long post and I hope I have got my thoughts across.  Thanks again      
    • Thank you so much Dx!   The Claimant is:   Lowell Portfolio 1 LTD Ellington House Leeds   But beneath it says "Address for sending documents and payments" Lowell Solicitors Limited PO BOX 1419 Northampton   I sent the CPR to the Lowell Solicitors Limited address. Should I send the CCA to the same or the Portfolio one?
    • please note your corrected defence filing date   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]     dx  
    • not sure you can use any of that to avoid paying sadly you could send them an sar to get all the details that would prove or not if they did send them nia email there are some accounts that do state this in their T&C's so I don't think there is much hope of getting out of not paying what you owe though.   get in contact with the supplier ignore the DCA set up a DD paying your on going usage and a fixed sum off the arrears IMHO.   dx  
    • Thank you Dx   Name of the Claimant? Lowell Portfolio I LTD   Date of issue: 22 Oct 2019   Date  to acknowledge) = 10th November   date to submit defence = 22th Nov    Particulars of Claim   What is the claim for – the reason they have issued the claim?  1)            The Defendant entered into an agreement with Very - Littlewoods/Additions Direct which was regulated by the Consumer Credit Act 1974 under reference ******** on 02/12/2014 ('the Agreement'). 2)            In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated. 3)            The Agreement was later assigned to the Claimant on 09/09/2016 and written notice given to the Defendant. 4)            Despite repeated requests for payment, the sum of £990 remains due and outstanding. And the Claimant claims a)            The said sum of £990 b)            Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.216, but  limited to one year, being £80 c)            Costs   What is the total value of the claim? £1200   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol)? YEs   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007? No   Do you recall how you entered into the agreement...On line /In branch/By post? Online   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes (Credit Karma)   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure, likely did.   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year? I think so, yes   Why did you cease payments? I made a late payment due to changing current accounts and because of this it cancelled some offers like pay later and I had to pay large amounts at once that I could not do so I ended up defaulting.    What was the date of your last payment? Unsure, I don't believe it is statute barred yet. I will find this.   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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hurtbuyer

Refund on car and consequential costs (warranty and insurance

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Hi All,

 

This is my first post here - so please be gentle if I do anything wrong :-).

 

I am in a bit of a distress situation here.

 

I bought a used car (2003 model) with 102k miles just over a month back for £6700 from a used car dealer who are not local to me.

They are a well established business.

They also sold us a used car warranty for £280 from a third party company.

The car drove fine on the test drive and the car was described as outstanding on autotrader and their website (I have a printout).

 

We bought the car and drove it back.

 

Next morning, the car failed to start.

 

The dealer asked me to take it to a specialist for the brand but not the main dealer and agreed to pay the cost of repair.

I got my recovery company to take the car to the local specialist.

 

The specialist thought some adjustment of a component fixed it and they said it needed a new battery - the seller paid the £300 or so bill.

 

Got the car back home and next day morning again failed to start.

The seller was frustrated and agreed to have it looked at the main dealers local to me which he arranged.

 

I got my recovery company to tow it to the main dealer.

 

After 2 weeks, the main dealer says that they might have found the problem and it will cost about £1400 to fix but they can't guarantee it.

 

Based on this the seller has said that they can't risk it and has agreed to take the car back and refund the cost of the car.

But they are willing to refund only £100 out of the warranty cost.

 

Now I have also been insuring the car for this time and paid for it.

I have had to spend a lot of money in taxi fares because I haven't had a car.

The car has nearly £100 worth of fuel that I put in.

 

I will happily agree if they pay the cost of the car and the warranty in full but they are being very difficult.

 

Infact they have been difficult all through.

 

Even though they have arranged things, it was only through incessant pestering.

 

I called local trading standards about this and they said the consequential costs like warranty, insurance etc, will depend on a judge's decision if it is not resolved earlier.

 

Any thoughts on where this might go?

 

One other point - the car had a personalised number plate which the previous owner was retaining. The seller said that they had sent the V5 to DVLA to get it back to an 03 plate and would send the new V5 to me soon. More than a month later, the V5 still hasn't arrived.

 

Can anyone advice on what I should do. I am left here feeling very frustrated that I have not had 1 mile worth of use of the car and my money is stuck.

 

Thanks in anticipation for any help - will be much appreciated.

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Ring your insurance company in the morning and ask them to suspend your insurance, tell them the car was unsuitable and the dealer is giving you a refund. That way you won't lose

any of the premiums you have paid.

 

Was the warranty offered to you or did you ask for it ? (I know the answer before you say). You must insist on a full refund of the premium for that and can use the threat of court to enforce your determination to be fully refunded.

 

Don't threaten court if you don't intend to go through with it though. It will cost you around £30 which you add to the claim.

 

All the above should be done in writing, either Royal Mail recorded or email.

 

The Main Dealer might be willing to drain the fuel for you, ask him.

 

Was there any mention of what the main dealer thinks the problem might be ?

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IMHO you should be placed back in the position as had you not purchased the car.

 

they CANNOT deduct money from the warranty 'because you have 'used' it'

 

you DONT need the warranty AT ALL>

 

all the work would and SHOULD have been done under SOGA or the selling of goods act FOC.

 

dx


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Although it may not be relevant, what make is the vehicle?

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Now they are offering £130 out of the £280 paid for the warranty and have said they will not discuss any further.

 

I feel ripped off - I need the money to be able to buy another car.

 

If I take the formal route it will mean a delay in getting my money and hassle because of that as I won't be able to buy a car. If I don't accept and take the formal route, how long can it take? Also is there a guarantee that I will get the full warranty money back.

 

Or is it the time to say that I accept the £150 loss and move on.

 

Can I take the offer that they are giving me and then pursue later for the remaining warranty money?

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Just to add as well that the warranty paperwork says that to the best of the dealer's knowledge he has checked that the car is roadworthy, mechanically sound and a pre delivery inspection has been carried out. It is signed and stamped by the dealer.

 

Does that make my position stronger in any way?

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Hi,

 

I'm fairly certain that the dealer you bought it from is liable for any fault with the car within the first 3 months. No need to involve the warranty company, that's on top of you statutory rights and doesn't override it.

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NOTHING to do with any warranty

 

its covered under SOGA.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi,

 

I'm fairly certain that the dealer you bought it from is liable for any fault with the car within the first 3 months. No need to involve the warranty company, that's on top of you statutory rights and doesn't override it.

 

 

I'm not sure where this '3 months' bit has come from. I see lots of posts mentioning this but it is not laid down anywhere. The SOGA is in place for six years. The only mention of time is 6 months, during the first 6 months any faults are assumed to have been there at the time of sale and it is up to the seller to prove otherwise, so a buyer is not restricted in bringing any claims or demands after the 3 month period.

Edited by Conniff
typo correction

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I'm not sure where this '3 months' bit has come from. I see lots of posts mentioning this but it is not laid down anywhere. The SOGA is in place for six years. The only mention of 3 months is that during the first 3 months any faults are assumed to have been there at the time of sale and it is up to the seller to prove otherwise, so a buyer is not restricted in bringing any claims or demands after the

3 month period.

 

It's actually 6 months. Theres a reverse burden of proof on the seller to demonstrate, within the first 6 months from sale, that the goods conformed to the contract at the time of sale.Consumers have 6 years (5 in Scotland) in which to bring a claim under SOGA, but that certainly doesn't mean that all remedies would be available after such a time. Any remedy would take account of any use of the goods etc. My advice though is to first take the refund (that way you have most of your money back) and pursue for the remaining costs in the small claims court if necessary.

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Tks for that, it was a typo, now corrected.

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