Jump to content


  • Tweets

  • Posts

    • We are not offended. But we try to give you advice all the way and you seem to want to go your own way including hiding the identity of the breeder – for whatever reason, I can't possibly fathom – except that during the time that you have been hiding their identity, other animals presumably may have been at risk and other purchasers also may have had difficulty. Had you posted the identity of the breeder here, people might have stumbled on this information and become aware. It seems to me absolutely normal that if you start taking advice from somebody then you stick with it. We are not offended, but is a bit frustrating to feel that we are putting effort into helping you – but in fact you are off doing your own thing and not necessarily in your best interests. Anyway, you've sent a 28 day letter so you have to stick with it. You say you haven't done this kind of thing before so you need to read around and find out the steps involved in taking a small claim in the County Court. Now you have a decision as to whether to look at the advice we give here on that or go to Which? or whoever else you may have been consulting. One of the problems about having gone to Which? is that although they have effectively given you a letter of claim to copy out which gives 28 days before taking legal action, they didn't explain to you that 28 days wasn't necessary and that the pre-action protocol only requires 14 days. So you came away from them not really understanding the whole story and the choices you had. I'm afraid I was find it very frustrating that these organisations which purport to inform and empower consumers don't tell them the whole story.   The reason why Which? gives this kind of softer advice is because they don't want to alienate themselves from corporate interests and they don't want to seem to be to pushy. Unfortunately we have found over 15 years that in order to assert your rights properly, you need to be pushy. The County Court papers are the great Equalizer between you and all sorts of commercial interests including huge multinationals. Still, let's see maybe your breeder will respond within 28 days with something satisfactory. However, you better be prepared and ready to take the next step – if you know what that is
    • Well it sounds like a breach of contract which has substantially deprived the purchaser of the entire benefit of the contract – which amounts to a breach of condition which means that the contract can be treated as terminated. After that  section 75 consumer credit act   See if there has been any communication with the finance company. Send them an SAR – do it now.
    • I didn't realise there was much difference, this is my first time doing anything like this so maybe a bit ignorant. Sorry for any offence caused.
    • We probably signed it around Oct 2018 On the original sofa we received back in jan 2019. Harvey’s agreed to replace that one as it basically fell apart within months so the replacement was on the same agreement which we ordered October 2019 We have around £900 outstanding on the finance.     
    • Well don't think I'm being territorial about it, but you come to us for help and then you use templates and advice from other organisations. I don't understand why you mix and match. 28 days is far too long – especially given the difficulties you have had so far. Pre-action protocol only requires 14 days. The 28 day now takes you slap into Christmas and New Year's et cetera and causes additional complications. You should understand that organisations like Which?, Citizens Advice and so forth are all very well but their approach is far too gentle and am afraid that to deal with companies or traders that won't honour their consumer obligations to you, you need to be assertive and keep them on the back foot. I'm not too sure how you think that giving the breeder 28 days rather than 14 days places you at any kind of advantage or that the breeder is likely to be more cooperative. Short, rigid deadlines are far more likely to keep your potential defendant focused on the issues. You have sent the 28 day letter now so there's nothing you can do about it. However I think you need to settle on where you are going to take your advice from and stick with it. We are quite happy to stand aside – and it would be better if you did decide because unlike Which? and citizens Advice we don't get paid and we put our effort in for free.
  • Our picks

Please note that this topic has not had any new posts for the last 2598 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Well recently posted to seek support for an SD served by BW Legal for a large debt and followed all the advice on here and then today another debt letter arrived, this time from Hamptons for an old bank overdraft of circa £1300. The letter threatens CCJ or SD.

 

Phoned Hamptons today to ask what the debt related to ( I know I shouldn't have phoned them, but was a bit annoyed). I challenged the need for them to ask me my DOB for data protection purposes....

 

Anyway, Is there anything I can do with this overdraft in terms of challenging the amount or do I bite the bullet?

 

Any help would be appreciated.

Link to post
Share on other sites
Well recently posted to seek support for an SD served by BW Legal for a large debt and followed all the advice on here and then today another debt letter arrived, this time from Hamptons for an old bank overdraft of circa £1300. The letter threatens CCJ or SD.

 

Phoned Hamptons today to ask what the debt related to ( I know I shouldn't have phoned them, but was a bit annoyed). I challenged the need for them to ask me my DOB for data protection purposes....

 

Anyway, Is there anything I can do with this overdraft in terms of challenging the amount or do I bite the bullet?

 

Any help would be appreciated.

 

When did you last make any payment towards this overdraft ? If you don't know when the overdraft entered into a default status, I think you need to contact the bank concerned to find out. Perhaps now is the time to send an SAR to the bank, to get hold of copies of everything.

 

Did you ever contact the bank concerned to advise of your problems regarding the overdraft ? i.e did you advise them of hardship issues.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
When did you last make any payment towards this overdraft ? If you don't know when the overdraft entered into a default status, I think you need to contact the bank concerned to find out. Perhaps now is the time to send an SAR to the bank, to get hold of copies of everything.

 

Did you ever contact the bank concerned to advise of your problems regarding the overdraft ? i.e did you advise them of hardship issues.

 

Hi and thanks,

 

At the time (2009), I had a lot of debts to sort out and this was the last and smallest thing on my mind. At the time my wife had a full on breakdown and subsequently lost her job, so didn't even register.

 

Regarding a SAR, have just sent a request to LLoyds for another debt so guessing this should cover this debt too? Or am I mistaken?

Link to post
Share on other sites
Hi and thanks,

 

At the time (2009), I had a lot of debts to sort out and this was the last and smallest thing on my mind. At the time my wife had a full on breakdown and subsequently lost her job, so didn't even register.

 

Regarding a SAR, have just sent a request to LLoyds for another debt so guessing this should cover this debt too? Or am I mistaken?

 

Lloyds may not include this other overdraft account, unless you included the account number. If you contact (write or phone) the Lloyds department dealing with the first SAR, they should add this other account onto your request, without charging you a further £10.

 

I don't know what your overall position is, but with debts that are still enforceable, you would probably be wise to seek a payment arrangement. If you own property, if you do not manage to set aside the SD and they proceed with bankruptcy, with the additional costs that will be added, you will have a serious chunk of equity taken from you. It depends on the equity situation. If you want to try the set aside, unless you have very good reasons, it would be wise to seek a Solicitor that deals with such matters. BW Legal/Lowells are apparently put off proceeding, if you have Solicitors acting, because they could end up paying your costs, if you won the set aside. If you were doing it yourself as a LIP, they might not be put off from proceeding and they will play the system, based on your lack of knowledge. Just read of the number of times they obtain adjournments for set aside hearings, while they get their documents together.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Thread moved to Debt Collection Industry.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...