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    • Thanks to all, and especially Bankfodder. I had seen your replies to the lady that had a similar issue with her cat and really hoped you'd comment on post. I'm really grateful. I intend to follow this through to its conclusion and I'll keep the board updated for the benefit of future users.   On the question of Vets4Pets, I'm taking advice as to whether this is something they should have detected. From my own research, however, puppy teeth are fully grown in at 6 weeks. His health check was 8 week. The defect can't have reasonably occurred within the intervening two weeks. I'm going to ask a vet to confirm this.   In terms of your point, Ethel Street, I had the same concern. The Consumer Rights Act 2015, however, seems to suggest that if a return presents 'significant inconvenience' then a tier two process can take place in which the buyer can apply for a partial refund.   I can prove that we've spent in excess of £600 on various expenses in preparation for our dog that would be lost if we returned him. I can also detail the time spent caring for and investing in our dog - not to mention the time etc of having to find a replacement. This is before we take into account the main reason, which is our emotional attachment to him.
    • No I don't think that affects the rights at all. I don't think that a trader can relieve themselves of their contractual responsibilities simply by offering to take an item back. It's absolutely up to the OP/customer whether they want to treat the contract is terminated by the seller's breach or whether they simply want it to be treated as a minor breach which can be remedied by suitable reparation.
    • Assistance urgently needed now please!   I was telephoned by the mediator today. After he had spoken to the defendant he told me that he (the defendant) is saying that he doesn't recognise me as a customer and doesn't know who I am.   I have it in writing from him that I paid the money but it's true that my son in law's name is on the bill of sale etc. The mediator said I should maybe change the name on the claim. As this will cost me money, he told me to take legal advice. (I don't even know how I'd make this change)   Any advice please?    
    • Just thinking aloud here, but have OP's rights now been affected by OP having declined the seller's offer to let OP return the puppy and give a full refund?   Suppose, just for example, we were talking about a fridge not a puppy. If the seller says I can return the defective fridge and they'll refund me in full the  £1,200 purchase price would I be entitled to say 'no I want to keep this fridge and you to pay me the £500 it will cost to repair'?
    • To go back to the matter of insurance – for the OP to have to rely on their own insurance – would be effectively relieving the seller of any responsibility to make sure that they undertook their trading activity responsibly. This is exactly the same as extended warranties. It is exactly the same as couriers such as Hermes requiring you to insure against their negligence in order for them to pay you out compensation for a lost or damaged parcel. People should try to hold the seller of an item directly responsible whenever possible because it is only that which encourages better and more professional behaviour from traders. If a trader realises that they are going to be held to account then either they will do a better job or they will stop trading. The consumer benefits – and in this case so will the animal. Similarly, exactly the same argument runs in respect of the liability of Vets4Pets who may have fallen down on the job – although this needs to be confirmed by independent assessment. What you see here is a typical scenario where everybody wants to step back from the responsibility and leave the customer on their own and in a lurch. The insurer denies liability. The trader/puppy breeder denies liability. Vets4Pets have also apparently denied liability. They all taken their premium/price/fee and so they are all happy. It is simply the customer who has parted with the money and then is left with a load of trouble because somebody hasn't done their job properly and nobody is prepared to step forward and take the proper responsibility. This is the kind of reason why the Consumer Action Group exists.
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Aaron8219

Concerned about other debts

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Hi Everyone,

 

I posted today regarding a CCJ that has been registered against me for an old Santander overdraft.

 

 

After receiving advice I am going to ask for proof of the payment they say I made in 2009, and once I'm satisfied,

I will pay it in full as I am trying to put ourselves in the best position for a mortgage and can't afford CCJs.

 

My concern now is though, is if this one has found me from the past, will the others?

I had an Egg Card, an MBNA Card, an HSBC personal loan, and a Capital One Card.

 

The HSBC loan was with a DC for a while, and became statue barred.

I have written confirmation from them that this is the case and have not heard anything regarding this debt since.

 

The Capital One card was for £240, so not a huge amount.

I have never been contacted regarding this but am worried it might have gone to a previous address.

If I do get a CCJ for this though, due to the amount, I would pay it immediately in order to protect my credit file.

 

My main concern is the MBNA, and EGG Card.

I have not seen any letters for these in many years, and I can't recall seeing any since the address I actually had them in.

The Santander account that has registered the CCJ now, was from that address

and they made no attempt to find me by way of searches etc,

just sent all correspondence to that address and then I got a default judgement.

 

My question is,

is there anyway, short of physically going to all my old addresses,

to find out if any other DCs are trying to contact me?

 

 

So I can deal/dispute/pay anything before it reached the stage of a CCJ?

If an amount of £1000+ ends up as a CCJ I'm going to struggle to pay it immediately in order to protect my file.

 

NB My credit file shows no debts as all have passed 6 years on default date.

Santander defaulted in Nov 2008, but I have never seen EGG or MBNA on there.

I can only go back as far as September 20014 though.

 

 

To my knowledge, I haven't made payment to any debts for over 6 years so likelyhood is they are statue barred anyway

but would like to know if any DCs are actively trying to contact me before they go to court.

 

 

Any advice appreciated, even if it's to be told that I have to just sit with my fingers crossed.

 

Many Thanks

Edited by Aaron8219

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Thread moved to the correct forum.

 

In response to your post.......It is vital to inform any creditor of a change of address....you cant hide by moving and not inform them as your last known previous address is legally acceptable with view to issuing court claims........saves all the stress above.

 

Regards

 

Andy


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if your debts don't show on your file

as you say, the defaults must have been 6yrs+ and the accounts have been removed

 

 

although there is no direct relationship between statute barred date and defaulted date

in this instance, its a good indication the debts are statute barred.

[unless you know they were paid after these dates?]

 

 

if to date, no creditors or DCA's have gotten a CCJ on these

then odds on, if they do

your defence/set aside will be easy and absolute.

they debt was sb'd before the claim was issued.

 

 

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, DCA;s would collapse overnight.

 

 

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Thread moved to the correct forum.

 

In response to your post.......It is vital to inform any creditor of a change of address....you cant hide by moving and not inform them as your last known previous address is legally acceptable with view to issuing court claims........saves all the stress above.

 

Regards

 

Andy

 

Thanks for the reply. I have not attempted to hide from debts, and have paid back thousands over the years.

 

However due to circumstances at the time, I didn't inform all creditors because I simply couldn't keep up with everything.

 

The stress above, is a consequence of my nievity at the time, and I am simply trying to put situation right now, to avoid further action.

 

I would say this is the opposite of 'hiding' from my debts.

 

Thanks for your contribution though.

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It is virtually impossible to hide anyway, because so much is linked into credit records. Therefore, i am sure other creditors would know your current address and be writing to you. If they have been writing to old addresses, people at those addresses would have been returning the post marked not at this address.

 

When you come to apply for a mortgage, i think you have to provide all your addresses over the last 10 years and this is when you would be holding your breath, to see whether it picks anything up. It won't help your application, if your credit file history of addresses does not match what you tell them. Creditors hate not being advised of change of addresses. Perhaps it might be wise to find out what your address history is on credit records and make sure any application you make is consistent.


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Thanks for the reply,

 

I regularly check Experian and indeed pay them £14.99 for the privilege! I can see that I have 124 linked addresses (variations, repeats), and can confirm that every address I have ever lived at is listed. I guess that's all I can do? I've made an effort in the past to go through them and make sure they are accurate and correct dates etc.

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Well if all of your addresses are linked, then IMO. there is nothing to worry about.

 

They know where you are, and where you have been for the life of these debts, so they 'could' have chased had they wanted.

 

Trust online is also a good site to check for CCJ's, BUT, if your CRF is clear, then it is unlikely they will have sneaked one in by default.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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