Jump to content


  • Tweets

  • Posts

    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Help with a CCA request


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3179 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello I am currently disputing a default that has been placed onto my account which is a long story to which i do not deny the debt but at odds to whether the debt is legally enforceable- (The debt is paid so im not trying to not pay)

So i sent this to the company and this is the response, Is the response correct?

 

Letter I sent:

 

I refer to my email dated 17th May 2015 in which you replied on 26th May 2015, You have also responded on the 7th July 2015 to which you state you are still awaiting documents from the original creditor in which you have already had 54 days to provide me with these documents

 

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my email on 17th May I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 30th May 2015 and 27th June 2015 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 27th June 2015 this account became unenforceable as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Aktiv Kapital

 

I require the following action from lloyds

 

 

1. Removal of all defaults entered by lloyds Note this is to be a complete deletion and not merely an amendment.

 

OR

 

2. Proof that i received the default notice to which that i strongly deny receiving at any point in this process.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force lloyds or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

 

The response

 

Good Afternoon,

 

Thank you for your recent email. You have stated that we must supply documentation within 12 working days; on this topic you have been misinformed as this is no longer a legal requirement.

 

Section 78 of the Consumer Credit Act obligates us to provide you with documents relating to your account; however it does not legally force us to provide you with these documents within an allotted period of time. When the Consumer Credit Act was written in 1974, 12 days were given to the creditor to supply documents; if they failed to do this it was treated as a criminal offence. However, in 2006 this addendum of the Consumer Credit Act was amended. This change was largely made because we, as a third party purchaser, must wait on original creditors to supply documents.

 

Now we do not have an allotted period of time to supply docs to our customers. The only thing that we cannot do is legally enforce your account until we have supplied these documents.

 

On the topic of documents you have requested, I have attached a copy of your Credit Agreement.

 

You have also stated you would like a copy of the Deed of Assignment. This is another request you have made that we have no legal obligation to provide you with. In order for any assignment to be binding in both equity and law, S.136 of the Law of Property Act 1925 prescribes that the notice of any assignment must be given to any party affected by it. The Deed of Assignment is a contract between ourselves and your original creditor (Lloyds) that bears no names of individual debtors (such as yourself); this is a private contract between two businesses.

 

 

 

You have also requested that all the money you have paid is refunded to you. As you made these payments towards a legitimately Defaulted account, this has substantiated your liability for the debt. Without documentation, the debt is not enforceable in a court of law, but it can still be collected. On this basis, we will not be refunding the money paid towards this debt.

 

 

 

In terms of your Default Notice, Lloyds have advised us that this was issued to you on 16th May 2011; this is all the information we are obligated to supply to you. As you never previously raised a dispute regarding the registration of the Default against you, we now consider this matter closed. The Default will remain on your Credit File until 2017.

 

 

 

We have now ended our investigation into your dispute.

Link to post
Share on other sites

Right I need some more info. Was the a current account? Or a Loan / Credit Card?

If it was a OD then they do not need to supply a CCA because there isnt one for it

 

Plus the Deed Of Assignment rubbish is wrong. Were did you get that from?

They are not obliged to show you the Deed Of Assignment. As for refund of moneys paid. I dont understand what you are trying to achieve.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Hello,

 

Okay so this is a unsercured personel loan taken out in 2009.

 

I am adamant the default was not served to me and d that I was not sent the details of the sale of the debt, So I want to understand why this was not sent to me where I might have taken a more serious decision at the time.

 

Thanks

Link to post
Share on other sites

Hello,

 

Okay so this is a unsercured personel loan taken out in 2009.

 

I am adamant the default was not served to me and d that I was not sent the details of the sale of the debt, So I want to understand why this was not sent to me where I might have taken a more serious decision at the time.

 

Thanks

 

I'm still unsure what you are hoping to achieve.

Preventing them enforcing the alleged debt until they provide the CCA / documents - absolutely, even if you owe it.

 

Preventing them reporting on the (unenforceable) debt? No way unless you are saying you don't owe it, too. If you owe the sum they can report on it, just not enforce until they have the required documentation.

Link to post
Share on other sites

Simply to understand why they never sent me the default notice.

 

I may have confused myself never mind you yikes

 

Basically I want advice on finding the right request

 

thanks

Link to post
Share on other sites

your letters/emails sound a bit freeman of the land to me.

 

they are not legally obliged to send a default notice to default you

and the non appearance of the CCA

the DN

or the deed

are no reason to demand all your moneyback

nor have the default removed

 

 

it is worthy to note

if the debt is paid as you state in post 1

there is no requirent to even send a cCa return

the agreement is over.

 

 

whos the DCA please and what exactly are you trying to achieve with this debt/letters?

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... 

Link to post
Share on other sites

Hi i think ive completley got confused and read something and sent off this email niavely to be honest.

 

I just want to know do i have any chance in challenging if a default notice was ever served as I know i never recieved it and if so what letter do i send

 

the dca is Aktiv Kapital think thats how its spelt

 

thanks

Link to post
Share on other sites

You cant challenge the default...if you defaulted...it stays for 6 years.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

the original creditor would have defaulted you before they sold the debt on.

to the debt buyer so your arrows should fired at the OC

and a CCA request is no good.

 

 

so since that time you've now paid the debt off

and you are now finding the default on your file is causing you issues getting credit or a mortgage?

 

 

do you have all the statements?

 

 

dx

 

 

 

 

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... 

Link to post
Share on other sites

sar time then.

 

 

whats the defaulted date on the cra file?

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...