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    • Intrum passing account on to resolvecall and arranging home visit   Any advice 
    • On the second claim – for the front patio and in respect of which you haven't so far issue the claim, as far as we can make out – once again with the kind assistance of my site team colleague @FTMDave, we think that the correct claim should be     This would leave you with a patio which had cost you £7888 – and which is the price that you originally contracted for .   You agreed to pay £7888 for the front patio. If you claimed the £14,000 or so that you are proposing, you would be in a position where you would be getting a front patio almost free of charge   So we think that your claim should properly be for £6439.60 p However in the circumstances, I should certainly wait until we figure out what to do about the first claim that you put in. I've already suggested that you contact the sheriffs – and maybe you would come back here and let us know that you have done that and what they said.   incidentally, these are our figures – you need to do your own calculations and confirm them independently or come up with a different calculation – independently. Same for the first claim.
    • I got a letter saying the police have not received my form, license that I had to send off for 3 points, I have paid the £100 aswell, I sent the license off and form, on the 12th of November, and it got there on the 15th of November, it was signed by the court and it was photographed, for proof..   The letter states I have  an extra 7 days to send it in.. received the letter on the 24th of November...   what happens next? I cannot phone the number on the letter until Monday, its a Monday-Friday helpline...   The last thing  I want is them at my door for arrest, or even banning me from driving...
    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
    • Please fill out our court claim sticky on this forums homepage.   Dx
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Advice please re Carcraft Warranty


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In May 2013 I stupidly bought a car from Carcraft and was pressured into taking out an additional 3 year guarantee

by a salesman who told me a pack of lies (I know, I'm an idiot!).

 

 

For various reasons this warranty turned out completely uselss and I have lodged a complaint with the FOS,

who incidently also seem useles as it's been well over a year since I've heard from them

and all I get when chasing is "it's a complicated law, we will get back to you".

 

Apaprt from all that,

I've read this morning that Carcraft has gone into liquidation and closed down all their garages,

so in effect they wouldn't be able to uphold their end of the bargain i.e. MOT, servicing and repairs at their premises.

 

 

So where does this leave me?

 

 

I've been paying £45pm for the past 2 years for a service I've never used and wont be able to use.

 

 

Can I stop paying?

 

 

I have also sold the lemon of a car they sold me and paid off the finance on it.

It's only this warranty that's outstanding over a 5 year period.

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reclaim it as like PPI

 

 

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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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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I rang them yesterday but the guy on the phone couldn't tell me anything so I asked him to place a note on my account saying that I am suspending payments until such time as there is a clearer picture. He said 'Absolutely, I don't blame you'. So I've cancelled my DD and will wait to hear.

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  • 2 weeks later...

As the warranty was front loaded, it would need a rewrite to the agreement. As carcraft are no longer around, I would assume the administrator would have some say in that aspect.

 

Many problems for them to sort out :|

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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to broken biscuits - won't cancelling your dd effect your credit rating. As i was going to do that as soon as i heard my DHP was void now but people keep telling me it will damage my credit which i can't risk ????

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how can it

the original creditor no longer exists?

 

 

whos name is against the entries on your cra file.

 

 

who is the current listed owner of the 'debt'

 

 

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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all i know is that, all in one finance ltd take £50 a month and will do for the next 4 and half year but i can't use any of the services, mot or anything now. They have paid carcraft already when i got the car in October :sad:

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why not phone them and ask the simple question.

 

 

I'm paying you for a product that no longer exist

 

 

where do I stand

and what are they doing about it

 

 

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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Share on other sites

All-in-One Finance is the name on my credit reference.

 

 

I rang them and the guy on the phone could tell me diddly squat and said they were expecting to be put into administration shortly.

 

 

So, I told him that as I'm paying for a service they are unable to provide that I would suspend my payments

until they could provide me with clear details of what's ging to happen and that I'd like him to make a note on my account to that fact.

 

 

He was really nice actually considering he was probably going to lose his job fairly soon and said he didn't blame me.

 

Not sure what will happen with my credit rating but I think I can take the hit if it comes to it, until it's sorted anyway.

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Not sure what will happen with my credit rating but I think I can take the hit if it comes to it, until it's sorted anyway.

 

IF something adverse appears on your credit rating, you can ask the CRA's to add a note to your report outlining the circumstances thumbup.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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IF something adverse appears on your credit rating, you can ask the CRA's to add a note to your report outlining the circumstances thumbup.gif

 

Yes, it's called a Notice of Correction. However, I've been told it's worse if you add this as lenders take longer to approve you and may decline solely based on an NoC due to abuse of the system. Whether this is true or not, I don't know.

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  • 1 month later...

AIOF "sold" many of the credit agreements on to Aktiv/PRA - presumably because they saw what was coming and wanted to get some cash in - but they continued to administer the loans themselves still.

 

I cancelled the DD shortly before CarCarft and AIOF went into administration, as the DD was showing as AIOF rather than PRA, and so I assumed this was the old agreement. AIOF contacted me shortly after CarCraft went into administration to chase the payments and I asked for clarification as to who owned the loan... heard nothing more since they are now also in administration.

 

No CRA report made last month by them, and currently the loan is still recorded against them rather than PRA. Hoping it remains that way, but anything's possible I guess!

 

It was mis-sold in the first place - they even applied for me to get credit on the DHP before asking if I wanted it! - and selling it to PRA was probably a little under-hand also, but arguing that may not be so easy. :(

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Mine too was mis-sold, I have lodged a case with the Financial Ombudsman, although I'm finding them pretty uselss as it was lodged over 18 months go!

 

Anyway I received a letter, hand-delivered to my house yeterday from a company called Motorway Direct, saying they will take over the DHG although you could opt out and the agreement would be cancelled from the date of CC's collapse. I rang up immediately and told them to go forth so I'm hoping that's the end of that.

 

I had a small loan with CC for £750 which they sort of forced and bamboozled me into and apparently I've to continue paying that, however, I've never heard a dickie bird from AIOF since I rang them and told them I was suspending payments until I knew what was going on.

 

My credit file this month said payments were up-to-date despite me now missing two months payments.

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you never ever ring a dca.

they are not bailiffs

 

 

so the debts have been sold

 

 

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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But how can they sell a debt when they haven't even told me how much I owe? The letter last week said if I didn't take up the new Drive Happy Package with Motorway Direct, which I didn't, I called them and categorically stated I did NOT want it, then this amount would be decuted from what I owe.

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that's dca's and portfolio buying for you.

 

 

if they keep it up

fire them off a CCA request.

 

 

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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Share on other sites

I have merged all you posts to your own thread here

 

 

please post on this thread now

 

 

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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Share on other sites

  • 5 months later...
In May 2013 I stupidly bought a car from Carcraft and was pressured into taking out an additional 3 year guarantee

by a salesman who told me a pack of lies (I know, I'm an idiot!).

 

 

For various reasons this warranty turned out completely uselss and I have lodged a complaint with the FOS,

who incidently also seem useles as it's been well over a year since I've heard from them

and all I get when chasing is "it's a complicated law, we will get back to you".

 

Apaprt from all that,

I've read this morning that Carcraft has gone into liquidation and closed down all their garages,

so in effect they wouldn't be able to uphold their end of the bargain i.e. MOT, servicing and repairs at their premises.

 

 

So where does this leave me?

 

 

I've been paying £45pm for the past 2 years for a service I've never used and wont be able to use.

 

 

Can I stop paying?

 

 

I have also sold the lemon of a car they sold me and paid off the finance on it.

It's only this warranty that's outstanding over a 5 year period.

 

I'm a bit late to this party but I am in exactly the same position as you. Offloaded the car, cleared the finance but stuck with a finance agreement that I didn't want or need. Unfortunately I got rid of all of the warranty documentation. I paid for a 3 year warranty which means I would be due a refund from the current company but they have had 'new information' that says I only had a 2 year warranty which means my warranty was finished when the company went bust and I am owed nothing; with the 3 year warranty I still had a year left when the company went bust and I could potentially get the debt written off as they can't provide the service paid for. How do I prove otherwise - the only thing I have is a Facebook post from my wife on the day I got the car saying that I had a 3 year warranty!

 

I don't suppose anyone has a copy of their paperwork saying how much they paid? I paid £995 plus interest if that's of any help!

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I'm a bit late to this party but I am in exactly the same position as you. Offloaded the car, cleared the finance but stuck with a finance agreement that I didn't want or need. Unfortunately I got rid of all of the warranty documentation. I paid for a 3 year warranty which means I would be due a refund from the current company but they have had 'new information' that says I only had a 2 year warranty which means my warranty was finished when the company went bust and I am owed nothing; with the 3 year warranty I still had a year left when the company went bust and I could potentially get the debt written off as they can't provide the service paid for. How do I prove otherwise - the only thing I have is a Facebook post from my wife on the day I got the car saying that I had a 3 year warranty!

 

I don't suppose anyone has a copy of their paperwork saying how much they paid? I paid £995 plus interest if that's of any help!

 

you need to start a new thread

 

of you own please

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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