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    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself released a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can see the finance company. Somebody else on this forum in the past 23 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure judgement against them. Then if there is any difficulty enforcing the judgement, one can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
    • launch a section 75 claim to advantage ASAP IMHO cut out the garage.   as usual advantage are utterly useless .....just like moneybarn         
    • Hi Bank Fodder,   With regard to court etc, no that wont be a problem, at the moment they are borrowing another car to get to and from work.   JJ
    • Ok thanks for the heads up should I send  them as well as confirming my adress  the template letter explaining the debt is statu barred Or something else maybe not recognising there company as I have no contract with them ! They are a third party interloper etc ! Many thanks !!
    • I'm terribly sorry but you haven't addressed the question that I put to you in my earlier post. It really would be helpful if you could do this.
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Asking a DCA for clarification


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Hello

helping another friend with their problem.

 

They have received letters from Robinson Way stating that they have had no

response to their letters asking for payment relating to two debts that they had

purchased and if she does not respond in 14 days they will take legal action.

 

Now this is the first letter they have received regarding this and all tho she does/did

have some debts some 5/6 years ago these letters do not state which debts these are.

 

I will refrain from ringing them to ask relevant questions but was looking to write

to them asking for the following:

 

Previous Owner, Account Number, Total Amount, Date of Default, Last Payment Date,

Amount of Last Payment, Who Was the Payment made Too, How Was This Payment Made and Where was this Payment Made.

 

Do these questions sound ok?, obviously I will format the letter with correctly but just

spaced as such to save over posting.

 

Regards

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why?

 

 

read the letters properly

it does NOT say WILL take legal action in 14 days

 

 

it say something else.

 

 

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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Yes dx I am aware of the wording but

I would like to get the answers as she wants to put it to rest especially after I helped check her CRA and nothing shows so may be statued barred.

 

Regards

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If this is the 1st letter it's scaremongering. Wait until they provide proof the debt exists.

 

It's not your job to provide proof you owe the alleged debt. Wait until other begging letters arrive.

 

No point in helping the DCA do their job is there? Wait is what I suggest...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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if the debts are statute barred

even better

 

pers i'd not send anything

it simply invites letter tennis

 

if the debts are confirmed SB'd

then let them issue claims

the SB defence will kill the claims dead.

and cost them money.

 

in E&W even if a debt is statute barred

as long as court is not threatened once confirmed SB

they are allowed to ask for payment

a debtor is equally entitled to ask them to go away.

 

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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As a last resort engaging in letter tennis can delay action & might give something that you can complain about,

then escalate to the FoS (after just less than 6 months).

 

 

By the time the FoS decide anything, the 6 year mark might have passed

- they aren't supposed to take any action after you have made a complaint that you can take to the FoS,

while it is being considered or while you are considering their decision!

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urm..complaining to anyone does not stop legal action.

theres nothing that states any supposed creditor or debt buyer

HAS to delay anything.

 

 

SB is your trump card

don't ever play it too early.

 

 

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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