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    • Even if he was over the time  that still does not allow them the powers to fake evidence.. even the police cant do that   mmmmmmm 
    • Again, massive thanks to you for the help provided. Two questions: Should I show the dealership correspondence from Blue Motor Finance? Should I send them this letter?   I have changed a couple of bits from your letter. Please see below the final draft:   Dear Sir/Madam, Thank you for your email on 6th December 2021 As you know, this is a hire purchase agreement and as such you are effectively the dealer to all intents and purposes. You have a contract with the dealer but that is a different matter and of course it isn't a contract governed by the consumer rights act because neither of you are consumers. However I am a consumer and I'm protected by the consumer credit act and you have all the responsibilities to me as if you were the retailer (which you are). You are a business which is regulated under the FCA – but also you are a business which is regulated under the consumer credit act and this makes you liable under any consumer legislation which I enjoy – in particular, the Consumer Rights Act 2015. The retailer has already indicated that they are prepared to repair the first fault which occurred – the seatbelt fault.  I'm fully prepared to drive the car back to Blackburn for this repair and also for a further diagnosis of any other defects. Of course, I shall be claiming the costs of this from you – in particular if it means that the car has to stay with the dealer overnight or longer and I have to return at a later date. By insisting on this option,  I take it that you do not have any objection in me driving a faulty vehicle for over three hours, therefore assuming the risk of making the transmission issue worse or even risking a possible catastrophic transmission failure.   As a gesture of goodwill to you, I'm prepared to try and take steps to mitigate your losses by taking the car to a repairer local to me in order to have the work and diagnosis carried out there. I should warn you that if you do prefer me to return the vehicle to the retailer in Blackburn, then I may well decide to carry out my own independent inspection should the retailer not agree that the faults which I am describing exist. If an independent inspection confirms my own view, then I shall be looking to you to reimburse the cost of this inspection in addition to any other costs I reasonably incur. You may feel that it is more cost-effective for you in the long term if I have the car repaired locally and diagnosed locally because then this will also amount to an independent inspection and avoid further damage to the transmission.   In respect of your reference to a warranty, please stop trying to fob me off on to warranties. I am perfectly happy to rely on my statutory consumer rights – and I think you had better understand that. I hope you also understand that warranties are subordinate to statutory consumer rights.   You say that your business is regulated by the FCA – and of course that is correct – and that also means that if you start making misleading statements or try to avoid your responsibilities to me then in addition to county court action I am entitled to make a complaint to the financial ombudsman service. The FCA may allow you eight weeks to investigate a problem and to produce a final response, but what the FCA permits you to do is subordinate to my rights under current consumer legislation. Your trumpeting of what you are allowed to do by the FCA is calculated to mislead me. Don't do it. You have sold me a vehicle which is defective and not of satisfactory quality. This is a breach of contract. Your statement that I'm not entitled to recover any reasonable foreseeable losses caused by your breach of contract is incorrect. In particular, your statement that as a consumer I do not have the same entitlement as a business customer is quite wrong – and also calculated to mislead me because I'm sure you must know better. I accept that it is fair enough that the retailer should have an opportunity to inspect the vehicle and to ascertain the fault. As soon as my position is confirmed, then I shall be looking to you to either arrange or at least to agree the cost of repairs so that they can be put in hand without any delay. Don't imagine that that will be as long as eight weeks.   I'm giving you seven days to let me know which course of action you would prefer me to take. I hope you understand that I'm trying to have your best interests in mind at all times. Yours faithfully
    • Kickstart your career with a Data Entry Clerk Traineeship With Lightsy And Remit Training and #CreateYourFuture.View the full article
    • So long as they aren't unlawfully discriminating against you because of a protected characteristic, I presume that like anybody else they can pick and choose whom they do business with.    I understand places like Amazon and eBay will close "problem" purchaser accounts quite commonly, and will often also close other accounts that they believe are connected to a problem account  (eg same email, same physical address, same payment details etc).
    • Hi 1st all NO I will not turn it down I'm up there with the big boys   china Russia India me   with global warming   lol .  Thank you for your help but iv got nowhere with !  your repair !  As in terms of them replying  or help .its the wrong time year to drag this out fighting them while I got no hot water or heating.  I have left bad reviews on there sites  hoping that will help others from making the same mistake as me  ! joining there scam !.  As for the NEST  yes it's the government backed scheme for ppl on disability an low income to help warm there homes .  Just do what I did ASK   they can only say yes or no  and there supa fast . So thank you . I will be keeping a look in and see if any one else post about  !your repair!  As I can guarantee I wont be the last person scammed.   Cheers . 
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Eos Solutions chasing old account South East Water


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I rather suspect that it isn't statute barred, but I will ask for you.

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Advice & opinions given by citizenb 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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Hi

In England the limitations period for unsecured debts (which this one is) is 6 years so if you live in England or wales then no it is not SB. In Scotland, different rules apply

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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What do the letters actually say?

Are they just standard drivel or do they state they WILL go for CCJ?

 

Is EOS collecting on behalf of a client or have they purchased the debt?

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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What do the letters actually say?

Are they just standard drivel or do they state they WILL go for CCJ?

 

Is EOS collecting on behalf of a client or have they purchased the debt?

 

Stigman

 

It says (dated 20th August):

 

Our client has tried to get in touch with you on a number of occasions to discuss you account which is seriously overdue. Your account has now been passed to the Director's Office within EOS Solutions UK plc for further action.

 

We now inform you of the seriousness of your actions - failure to contact this office and arrange the payment in FULL or to make an arrangement satisfactory to both parties within the next 10 days may result in one of the following actions taking place:

 

1. Your account could be transferred to one of our field representatives to call at your home to recover the outstanding balance.

 

2. Your account could be transferred back to our client, South East Water Limited who may decide to start legal proceedings.

 

~ I sent them a Statue Barred letter soon after and they replied (From Complaint Officer, dated 26/08/14) with:

 

I am writing in response to you recent communication with our office.

 

I have now received a copy of the bill with a statement of your account(shows the last payment made was 13/03/2009) from our client South East Water Limited which are enclosed. Please note the copy of the bill is outstanding at £545.21 with charges for traces and administration fees on the copy of the statement that totals £569.21

 

I can confirm the the account has been placed on our hold process for 14 days to allow you time to contact me,

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The "Letter from the Directors Office" is one of their standard templates. I got a couple of those while I was waiting for a CCA request a couple of years ago.

As for SB , no it's not so you will need to cross your fingers for the next 6 months.

Any opinion I give is from personal experience .

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Hopefully you will be able to wait this out for 6 months or more.. If South East Water do try to litigate, then you could offer instalments - it will be in small claims court so there will be minimal costs. Are there any charges added to the account already ?

 

It says (dated 20th August):

 

Our client has tried to get in touch with you on a number of occasions to discuss you account which is seriously overdue. Your account has now been passed to the Director's Office within EOS Solutions UK plc for further action.

 

We now inform you of the seriousness of your actions - failure to contact this office and arrange the payment in FULL or to make an arrangement satisfactory to both parties within the next 10 days may result in one of the following actions taking place:

 

1. Your account could be transferred to one of our field representatives to call at your home to recover the outstanding balance. Hmm, and exactly how do they plan on recovering the outstanding balance by using one of their field reps ! March you down the ATM - break your legs - sell your dog ?? They are not even permitted to send a rep without first making an appointment and presumably you don't intend to make an appointment. This is intimidation, pure and simple.

 

2. Your account could be transferred back to our client, South East Water Limited who may decide to start legal proceedings. As it has never left South East Water, this is a stupid statement from them.. the DCA is just being used to administer any collections

 

~ I sent them a Statue Barred letter soon after and they replied (From Complaint Officer, dated 26/08/14) with:

 

I am writing in response to you recent communication with our office.

 

I have now received a copy of the bill with a statement of your account(shows the last payment made was 13/03/2009) from our client South East Water Limited which are enclosed. Please note the copy of the bill is outstanding at £545.21 with charges for traces and administration fees on the copy of the statement that totals £569.21

 

I can confirm the the account has been placed on our hold process for 14 days to allow you time to contact me,

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hopefully you will be able to wait this out for 6 months or more..

 

 

Hi CB,

 

 

I'm quite new on here & was wondering if you could explain this point further as I am in a similar position re the 6 years arriving with all my debts.

 

 

As they have contacted the OP within 6 years doesn't that "reset" the 6 year clock?

 

 

TIA.

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As they have contacted the OP within 6 years doesn't that "reset" the 6 year clock?

 

Nope,

If the OP writes a letter with a written acknowledgement of the debt or the OP makes a payment within the six years, then this resets the statute clock ticking.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Hi

No, many creditors would like you to believe that by sending a letter they are resetting the clock however once the cause of action has accrued (complex subject) the only thing that can reset the SB clock is either a written acknowledgement of the debt i.e I owe you £1000 or my debt to you of typoe thing

That or a payment made by the debtor or with the debtors express permission

Any opinion I give is from personal experience .

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Where do I count the 6 years back to?

The last payment I made, correspondence sent?

 

Depending on the correspondence sent, it has to be a written of acknowledgement of your debt, please note that asking for proff of the debt or a CCA request does not count as acknowledgement.

Or once again the last payment made, 6 years in England/Wales, 5 years if in (soon to be free from an evil dictatorship hopefully) Scotland.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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water debt are the same as say a credit card debt

they are not a priority utils unlike gas/elec.

 

 

ignore eos deal with the water company.

 

 

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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