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    • I think I just have to clarify what my site team colleague said above. It's not only a question about being aware – you also must have asserted your rights within the first 30 days. Send them an email straightaway. Refer to your short-term right to reject the vehicle under the consumer rights act and that in view of the defects which have manifested themselves, and you are asserting your right to reject and you are rejecting the vehicle and that they should make arrangements to collect it or receive it from you and to refund your money. You must do this straightaway. Meaning tonight. Don't hang around Even if you feel that you might want to hang onto the car, you should assert the right to reject in order to reserve your position. Once you have done that and come back to this thread and tell us more about it. In particular, who is the dealer? Have you had on exchanges with them about this? What have they said? Where is the vehicle now and what is its condition?
    • I knew you'd disagree dx100uk but it's irrelevant as the debt is not statute barred regardless of the default notice.
    • The PDF you posted includes a reconstituted CCA sent with a letter from Barclays dated 14 January 2018. This is acceptable as evidence of a CCA under CONC 13.1.4:   (1)The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature.   (2)The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy.   https://www.handbook.fca.org.uk/handbook/CONC/13/1.html?date=2016-03-07
    • Seem Bidens confirmed that he wont be in any hurry at all to sign a deal .. with anyone   Rumour has it that he thinks he can get most of what he wants without committing to very much at all as a number of the brexit MP's want to ship in US food at a profit and cheaper than UK prduced meat which will only be for the wealthy tables   .. with not a thought for the US'S use growth promoting products banned in the EU including  bacitracin with its tendency to create antibiotic resistant bacteria - even resistant to antibiotics of last resort.
    • The DPA places controls on how data is collected and handled. One control is that only the data required (for the job in hand) should be collected, and that it must be kept only for as long as is needed. In correspondence, the ICO told me that 6 years (by custome & practice) would be the duration regarded as neccesary for data to be held. If there was't controls everybody with any data would be keeping it forever, and with cheap server farms that isn't impossible. I cannot see any reason why a bank who closed an account 11 years ago, and sold an alledged debt say 9 years ago still has any reason to hold ANY information about that account holder. Can you or anyone else?   I don't know why you would say that. Why do you say that? You're tottaly wrong. I was very economical in what I did. There was some tactics I understand that were later thrown out by court I undersatnd, but by that time I was out of it anyway. However, you're right that I did, and still do, rather naively expect banks and others to obey the law, and fopr reguklators to step in when they don't.   What I did do, is to challenge my creditors to prove that what they said was correct. In the end, as I have said when they refused to discuss the matter and simply kept repeating their stance, I told them to take it to court because I would not act on anything other than a summons. Not a single summons was ever received, and quite quickly, the letters slowed down and then stopped.   I'm sure you didn't mean this to sound the way it did, but it's dangerous to say that... after all, you were posting during the time I was here looking for help... and still posting. Not that I would say you ever posted twaddle back then but others might.   Well, I've had a look at this stuff, and must say, what a load of twaddle it is. Mindyou it comes from the FCA, so expecting anything that protects customer rights or restricts the financial industries actvities would be foolish eg   "a firm must not pass on a customer's details to third parties, including lead generators, debt management firms, lenders, owners, debt collectors or credit brokers, unless it is appropriate to do so."   Well, of course, banks DCAs etc NEVER do anything not appropriate do they? They never have. How can it be "not appropriate" when there is no criteria as to what actually IS appropriate?   However, the following is interesting: "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period."   now, the limitation period is 6 years, HSBC hasn't contacted me for 11 years.  Doesn't this guideline/rule apply? Or is sending me a letter suggesting I set up a payment plan not classed as "recovery attempt"?   Another bit that is also interesting: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."   Again, what does 'demand payment' actually mean? Is a letter informing me they are willing to set up a payment plan actually a jolly useful service to me, or is it actually a demand for payment?   I did eventually find the statute barred letter. I'll bear it in mind but it doesn't actually benefit me if they claim that simply 'reminding' me that they can take staged payments isn't the same as demanding payment. What knowledge of what the so called conc rules actually mean it'll just open the door to more letters. At the moment they know there's little chance of getting paid, but if I start correspondence, they'll just pay more attention to it.  
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Today I received a visit from a Horrible woman from Ross and Roberts about outstanding council tax with Birmingham city council.

 

I did have a payment arrangement set up with Ross and Roberts which I had been paying for the roughly the last 6 months

but with receiving the current years water and council tax bills I missed Aprils payment.

 

 

I was hoping to pay make two months payment later this month to catch up but they have sent out the bailiffs.

 

My 6 month baby (Hasn't been well last couple of days) was sleeping when the agent came and starting banging on the door.

I wasn't going to open the door but unfortunately she claimed she saw me through the letter box and she started shouting and banging louder and I was worried she would break the glass on the door.

She shouted either I open the door or she would come in with the police and a Locksmith.

 

I asked her if we could speak outside or in her van and that I know she can't force entry as she hasn't been inside my house before for this debt.

 

 

She said she was willing to talk outside but insisted she had a right to gain entry with a Locksmith with the police in attendance. She then went and sat in her van we talked through the window.

 

As I was willing to pay the two months installments I asked her how much was the minimum she was willing to accept to which she replied £500 and

 

 

she telephoned someone for call for a removal van and told me I had 30 minutes to find a way to make a payment. otherwise she was going to add charges for the removal van.

 

I told her let me call someone to see if I could raise the money but knowing I wouldn't be able to raise that much today

 

 

I called payplan to clarify if she could gain access (Wasn't sure if the law had changed last year).

When she realized who I was talking to she said I now only had 10/15 minutes to make payment and started to call (she claimed) the police and locksmith and shut the window on me.

 

 

This shook me up but luckily I still had payplan on the phone who reassured me she couldn't get into the house and police wouldn't do anything unless their was a breach of peace.

 

After 15 minutes the bailiff banged on the door and asked if I was "Going to pay" and I replied I can't

she said I 5 minutes before the removal van arrived.

 

 

As she walked off the drive she pointed to the neighbors car and asked if that was my car, I told it was the neighbors.

 

 

She realised where I worked (I was wearing my uniform as I was getting ready to go to work) and checked the car for signs it may be mine.

 

 

She then went to my other neighbors house and knocked on their door.

I told she has no right to discuss my situation with them due to Data Protection Act but she told me to shut up and stepped into the neighbors house.

 

 

While she was in There I left my wife and baby home and locked the door went to move my car (parked at end of road) to somewhere else in case the neighbors tell which is my car.

 

On my way back home I phoned Ross and Roberts office and asked to complain about their agent but was told I had to complain in writing.

 

 

I told them their agent was threatening to break in and was also discussing my case with other people and asked them to call her and tell her to stop but they claimed the couldn't.

 

On returning home I informed the bailiff that I spoke to Ross and Roberts and event they said agent couldn't gain access without a warrant and that I had a right to see the warrant but she just laughed and the office would just have sent me back to her.

 

Couple of minutes later she drove off.

 

I was wondering if someone could advise if the bailiff had a right to talk to my neighbors as I believe I should have been protected by Data Protection Act.

 

Also does anyone have the email address to who I could complain to, in order to get her to back off as I'm worried she may return and harass my wife and children when I'm not at home.

 

 

I already had to phone in sick as I got late for work dealing with her. (I think I have seen email address of someone at Birmingham city council on the forum before but cant seem to find it today)

 

Any sample letters/emails I could send would be greatly appreciated, as would any other advice.

 

Don't know if it matters but I also can't see her name on Justice . Gov

 

Thank you in advance.

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the council are responsible for this womans unlawful actions

and threats

 

 

go complain to the head of enforcement now

emsil/phone then write.

 

 

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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Also head it Formal Complaint and send to CEO, and Elected leader, plus your local councillor, point to this thread in the complaint.

 

You need to escalate it above the revenue dept as BCC have outsourced that function to a company called Capita, who just happen to own two bailiff companies Equita and Ross & Roberts aka Ross 'n Robbers, you see where this is going, when you spoke to the council you were actually speaking to Capita, who also run TV Licensing for the BBC.

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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the council are responsible for this womans unlawful actions

and threats

 

 

go complain to the head of enforcement now

emsil/phone then write.

 

 

dx

 

Do you if there's a way of finding out who head of enforcement or shall I just contact the main enquiries address of the revenues department.

 

Thanks for your help

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Your LA should have their own website - check and see if there is name/department on that.

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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