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    • Yeah that is what I think not going to look a gift horse in the mouth plus got other issues right now with the virus and my job 
    • Thank you dx and you advice is well received.    will remember about the 'quote' thing and it seems you already know a lot about this site.   RT    
    • Don't worry about the warranty. You will be covered under the Consumer Rights Act which requires that goods be of satisfactory quality and remain that way for a reasonable period of time. However, there may be a dispute as to whether the problem was caused by a defect in the glass or some outside force such as some object hitting it. You say that you have found other instances of the same thing happening. I suggest that you start gathering screenshots of those – and it would even be helpful if you could contact the people involved. Also, if you find people talking about this on the Internet then post the links here so we can have a look. If you can get sufficient evidence that this is something that is happening to people's vehicles – the same vehicle as yours not other manufacturers, then you have a good chance that you can persuade a judge that there was a defect. What is the cost of replacing the glass roof?
    • I am unsure if I have already written these points, but this thread is called general points , and unless the OP objects, here are some.   Firstly, there are two separate kinds of warning notice issued when a credit card or credit agreement is defaulted. One is for credit referencing the other is to enable the termination and enforcement of an agreement. These are completely separate entities, which may or may not apply to the same date.   The one sent to the debtor warning about the impending mention on the file, gives 28 days normally although it is an advisory notice and cannot be challenged, it does not have to be given for an entry to be made on the CRA.   The notice sent from the creditor giving notice to take action is however statutory, under section 87 of the Consumer Credit Act, it gives 14 days to pay.   A statute barr is a method of limiting the amount of time for the creditor to take an action in court. In contract law, this period is generally 6 years.   To be clear this is the maximum time allowed between, the cause of action(for simplicity the default). and the date of the action itself in court. Therefor if you PDL has had an action was brought in six years, the statute Barr no longer have any relevance.    If the case was lost it would be a debt under a judgement, not under a default, if it was won, there would be no default to record.   Again for clarity, you cannot use a default date on a credit file to sow a default notice date under the CCA 74, as said different things.   Regarding an overdraft. There is no requirement to comply to part 5 of the CCA on tacit overdrafts. This is because of a declaration made By the governor back in 1983, part 5 contains section 85.   As far as the start date for SB is concerned, section 6(not5)applies in that,  instead of a default notice the date on the first full demand to repayment is recorded and used as the cause of action, that is when the SB starts, again nothing to do wih the date on the CRA file.
    • just type please don't use quote  it makes finding replies so difficult.   they cant simply change the signs/free hours without council permission...and that has not been applied for nor granted.   sit on your hands await if/unless PAPLOC   don't forget the next stages as i'm sure you've read as you say. lots of scary letters from DCA's   remember a DCA is  NOT A BAILIFF on ANY debt ..no matter what it's type. and have  ZERO legal powers on ANY debt either   dx  
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pm1128711

Applying a default to my credit file despite arrangement to pay in place

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Hi all,

 

I have had an arrangement in place for five months now to pay off a Santander credit card, I received a letter last week from their collections department advising me that as I am experiencing financial difficulties and therefore wouldn't be making full payments on my account, I had breached my agreement and therefore a default is to be registered.

 

I wrote to Santander to challenge this, to which their complaints department replied (with one or two slight grammatical errors, so presumably handwritten) saying that I'd received nothing more than a standard letter which is generated every 3-6 months to inform me of the state of my account and are nothing to be concerned about.

 

The letter goes on to confirm that I have an arrangement in place (that has been paid on time, every time, as agreed), but that a default will be placed on my account as I have an arrangement in place with Santander and that this cannot be stopped.

 

If I am making regular, albeit reduced payments that they have agreed to, then surely it isn't right that a default should be registered? I was under the impression that defaults were for complete failure to pay.

 

The letter I received seems to contradict itself.

 

Any help would be appreciated.

 

Thanks.

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sadly they are correct

 

 

you ae not paying the contracted rate.

 

 

however the default should be placed as the date of the arrangement

or the first month you miss the first full payment.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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