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    • So I have to ask you once again, has sweatband eventually refused to accept any responsibility for this now that you have been knocked back by the manufacturer? I'd be very grateful if you could address this question which I've already asked twice now.
    • Hi    The first one was purchased in August 2020 and returned in October. This is the link to the page.    https://www.sweatband.com/proform-pro-1500-treadmill.html   We wanted to research our rights so we were clear on them before going back to the manufacturer or sweatband. The last communication was with the manufacturer who sweatband directed us to and the manufacturer told us the location of the treadmill was unsuitable and we had to move it our it would void our warranty.    I wonder if you could be kind enough to let me know if you think the link above affects our protection under the consumer rights act?    Thank you again  EM0149
    • I notice that you haven't addressed my question as to whether sweatband.com have actually refused to take any responsibility for this now.
    • Thanks! I've had several successes in the past 4 years or so which stemmed from a financially difficult part of my life around 2011/13. Basically I was financially trapped with Quick Quid, in a cycle of increased borrowing, during this I'd opened three catalogue accounts: Studio, JD Williams and Simply Be , 2 credit cards (Aqua and Barclays) and was juggling finances. In that time I had got 2 CCJs plus 2 defaults so things were pretty tight. I was using most of my available credit until things eventually became unsustainable. When I moved house I used the deposit to pay off Quick Quid and got into arrangements to repay the catalogues. The credit card limit was still rising until 2017 when I borrowed the balance of nearly £6000 from a family member and cleared the Aqua card. The Barclaycard had already defaulted. In 2017 I began action for irresponsible lending against Quick Quid. Basically they could not show the criteria they used to make lending decisions  and kept lending to me so I won the case. I was refunded all interest and fees  and charges plus 8% pa. When it was upheld it gave me the confidence to challenge JDW and SB. These were also upheld and they had to repay interest, fees and charges plus 8% from the second credit limit increase which amounted to about £1200 each. I challenged Aqua where my redress covering 6 years fees, interest and charges accrued to nearly £9000.  Barclaycard was not upheld but the default was moved back to an earlier date meaning it expires sooner.  All my IRL cases succeeded because none of these companies could prove that they had diligently checked my financial history. My credit report clearly showed that I was using a high or at limit proportion of available credit and that I'd accrued two unconnected CCJ's and 2 defaults throughout the lives of these accounts. Whether they should have given me the accounts in the first place was also brought into question but it was the sustained but gradual increase of CL's time and time again without proper checks. JDW were unable or unwilling to show the ombudsman what criteria they used. It only appeared that because I paid on time they continued to offer increases where in reality I was actually juggling finances like a fine balancing act.  It would appear that the FOS are looking at catalogue debt as I know when my cases against JDW and SB were being investigated they mentioned this.  My case against Studio should conclude soon. I was curious as to why now Cabot are trying to cut their losses by offering such a hefty discount. I can only summise that Studio are trying to buy back the debt for less.  
    • They have made an offer  Remind them in no uncertain terms that under CONC they are responsible for the conduct of their agents , (research and quote this) and negotiate a payment plan of their offer As dx says we really need all the details to understand the full picture 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Letter of Notice of Intent to Register Default from Thesis


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HL have been hassling me for an unenforceable debt too. I sent them this letter and have heard nothing from them since:

 

H L Legal & Collections

Herbert Street

Redditch

Worcestershire

B98 8BL

Re: Harassment by telephone

 

Ref: xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. I have also expressed in writing that I only wish to correspond with yourselves in writing.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded, largely due to the unpleasant and sarcastic attitude of the Operative who spoke with me on Friday 23rd March.

 

You should be able to change that to fit your needs!

 

Thy are very good at igmoring letters or not reading them. Send everything recorded.

 

Have you established exactlt which debt they are chasing? This is important, as you state you have deferred you loans with SLC. If this is the case send a copy of your deferrment letters to them. If they are chasing payments from when the loan(s) weren't deferred and they have provided the Credit Agreement then you will have to try to come to some agreement to pay a nominal sum whilst unemployed (perhaps £1?)

 

Any loan that has not been acknowledged during the past 6 years is statute barred and they can chase all they want. ;)

 

I also CCA'd HL Legal who waffled a bit and then crawled back under their stone. I informed them that I had SAR'd the original creditor and they have been jolly quiet since!

 

Good Luck :D

 

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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For further help check post 23 on this thread:

 

http://www.consumeractiongroup.co.uk/forum/students/52640-student-loans-company-problem-2.html

 

Penguin's advice is worth a read!

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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I would write a letter, sending copies to both the debt collection agency (Capquest) and the SLC.

 

Start the letter saying this account is now in dispute (big letters as they are both a bit intentionally thick).

 

State that you are disputing the amount requested, that you have not received a valid copy of your CCA loan agreements you requested on (date). State this has not been complied with as per the CCA 1974, and that the SLC and Capquest are now committing an offence and that this debt is unenforcable without an agreement.

 

State that you will only deal with these people in writing and that any phone calls related to this matter will be regarded as harassment.

 

Send this by recorded mail, sit back and wait for a response.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Thats all they do, intimidate, frighten, harass. Just respond in cold, measured tones. That shows they haven't got to you.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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  • 2 weeks later...

You have 24 hours, or until I wake up/sober up, which ever comes third.:o

 

In reply to your most recent letter dated 17 May 2007, please be advised that I have not to this date received formal written notification of the debt in question being transferred to CapitalBeast.

 

Therefore, I am obliged to provide you with the following information, indicated by the letter x.

 

x. Sweet fanny all.

 

When I receive such a formal notification, then I will glady take your correspondence seriously. Until I receive legitimate notice that I am in any way indebted to your organisation, may I request that you please stop sending me threatening letters!

 

Your Sincerely, me oh my

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It sounds as if you are going down the road of wanting to see a Notice of Assignment, which is not immediately relevant. As advised, send a CCA request first (rec. delivery).... as without a CCA, they can't enforce it anyway.

 

:)

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I've already sent a CCA request to the SLC, I assume you mean that data protection thing where you request copies of all documentation. I just sent a second request to the SLC as copies were missing and illegible, apparently they are sending the stuff out again and I should get it tomorrow, they also sent the cheque for a tenner back.

 

Anyone know where Pam is these days, she was helping me?

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Yes.

 

I didn't receive a notice of default but apparently one was sent accordsing to the list of computer printouts I recieved last time.

 

I was in a foreign country. My mum kept all my mail.

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The CCA request was sent to the SLC whom I beleive are still the holder of the debt,

 

 

since I have not recieved notificatication that it was bought by CapQuest.

 

 

in that respect I beleive capquest have no right to send me anything relating to this,

 

 

they want details as to why the account is in dispute and I want to write back telling them its nowt to do with them.

 

 

PM me with your email and I can send you more stuff if you think you can help.

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I've already sent a CCA request to the SLC, I assume you mean that data protection thing where you request copies of all documentation. I just sent a second request to the SLC as copies were missing and illegible, apparently they are sending the stuff out again and I should get it tomorrow, they also sent the cheque for a tenner back.

 

No - that is a SAR. The template for a CCA request is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I'm fighting with the SLC (having already had one minor victory) and they are a total nightmare.

 

(See Student Forum!)

 

I have just sent THIS letter to them, as they have not responded to my SAR request that is recorded as having been delivered.

 

Dear Sir/Madam

 

Re:− Loan Account XXXXXXXXXXXXXXXXx

 

I note with disappointment that you have not responded to my letter dated 9th April a copy of this letter has been enclosed for ease of reference. This letter was signed for at your Company on 12th April and has been tracked on the Royal Mail Website under the Recorded Delivery tracking Number.

The 40 day deadline for full disclosure under the Data Protection Act 1998 has now passed and I have not received the information requested within this timescale. I am giving your Company notice that I am now going begin a complaint to the Information Commissioner. I am also beginning a County Court action under the Data Protection Act.

I doubt I will receive a response to this letter, however I wish to make my intentions completely clear.

 

I would suggest that if you haven't already, SAR the SLC and just ignore the DCA for the moment. If there is no enforceable agreement then you are at liberty to do so!

 

I'm being a bit naughty, as I'm purely doing this out of "badness" now. They made my life hell for several years and I've just had the arrears and charges removed from the supposed "debt".

 

However I have all the evidence I need to get my loan written off, but I'm deferred until 2010, so I thought I would "play" with them for a little while.

 

;)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Oh I don't know what's what. I tihnk I sent one of them ages ago. What's the difference between an S.A.R - (Subject Access Request) and a CCA request?

 

I am a similar position, i hate them. I've been trying really hard for the past two years to sort my life, I've put up with not being supported by the dutch government when unemployed. And at no time have I been anywhere near the minimum required earnings to pay back my loan. Alll i did was forget to defer, largely because I could barely focus on my life at the time, I mean I'm happy ot produce the evidence for this if they like.

 

I just don't really know what I am doing though.

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A S.A.R - (Subject Access Request) is asking for all the info a company hold on you under The Data Protection Act. So stuff like transactions, charges, manual intervention on the account, default notices.

 

A CCA request is completely different. If you had looked at the link I had provided you would see that a CCA request is asking a creditor to prove the debt by providing an enforceable copy of the credit agreement under The Consumer Credit Act 1974. If they can not provide this the debt becomes unenforceable and you can withhold payment until they produce a copy of the agreement.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I understand. Well I sent a CCA before and they failed to comply fully. So I sent an SAR last week and they sent the cheque for a tenner back and as far as I know I'm receiving the pack tomorrow. I have acknowledged the debt earlier in the year, so I am really looking for a missing default notice.

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It doesn't matter if you acknowledge the debt earlier in the year. You are now aware of your rights and their obligations to prove the debt. If you are looking to remove a default look here Remove Default Notices on a Credit File - We show you how

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I have just re-read the thread quickly.... If CapitalBeast are threatening court action.... then your CCA would need to go to them in order to keep them at bay.

 

However, you have mentioned that Pam was helping you... did she confirm that debts with the SLC are covered with a CCA request ?... because I am not sure.

 

The SAR goes to the SLC.... so in theory, the missing Default Notice should be in with the pack that you are expecting to receive. :cool:

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Capitalbeast have no right to send you anything if they have not conformed to a CCA after so many working days.

 

If they do not comply with your request within the time limit report them to trading standards and any other body that is relevant OFT etc.

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I've had a reply. Points to note.

 

1. This time they have produced a copy of the 90 document, and it is so illegible that you can barely see the writing, in parts it looks like lines of dots. So that is reason why in the first instance they said they no longer had a copy on their system, because they knew it was not up to a standard required by law!

 

2. Secondly, there is no letter of notice of default, only a computer print out saying Not of default or something, implying that one was sent. I never received anything.

 

3. They have not yet indicated to me who the legal owner of the debt is.

 

So it looks like I am winning, right?

 

I'm off into town to sign on now...

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So it looks like I am winning, right?

 

 

Right :D

 

As you have a default you may wish to read this Remove Default Notices on a Credit File - We show you how

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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