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    • Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?
    • Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time.   What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
    • Hi everyone    ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently.   i want to ignore it but I’m not sure that’s the best thing to do?   i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files.   I have no idea what these people want and this is the 1st contact.    can someone point me in the direction?   thanks    mike 
    • I've been reading up on cases, especially the HSBC vs. Carey. Am I missing something?  It appears to be the conclusion that the decisions in this case meant that regardless of what date  credit agreements were entered into, a claimant no longer needs to produce a signed copy - or even original copy.  It appears that a reconstituted copy of agreement is acceptable by a court and any judge that seems to be swaying towards using it as a reason to find against a claimant could easily be reminded or prompted by their solicitor.  How do I defend my case to be any different?  It will clearly be a case of :   It looks like you probably had a credit card. They've produced a copy of original agreement and added your name and address - so that's good to go. They've got a statement showing a balance outstanding. Therefore, game up - why are you even bothering to defend?     I am working on my "Formal defence"    Can I just ask for some "bullet points"   So far - my main arguments will be that the requested "credit agreement" is not a credit agreement - it is a barely legible application form - which does not bear any account numbers which correspond with the statements produced by the claimant nor match the agreement number included in the original claim (POC).  Secondly, as helpfully highlighted by DX, their WS is relying on a screenshot of "the claimant's predecessors system screen" to show that a default notice was issued on 08/06/2010; clearly there is no copy of said Default notice. Other items I have up my sleeve - should I include? - are the discrepancy in the amounts owing between the Assignment notices - Lloyds stating a figure in excess of £6k (dated 29/6/19) and a letter from Hoist informing me of this assignment but stating an outstanding amount of £4.5k (the amount of the claim).  Clearly, the lack of reference numbers - i.e. their claim does not match the 16 digit credit card number shown on the numerous statements they have included in their WS. And do not match a number shown on the blurry application form. Also, the application form is dated 1998, the first statement they provide is 2010 - can I use this gap/lack of evidence in my favour? I notice on my "illegible" application form there was a reference to "credit card payments insurance" (I assume this is PPI) - during my research, I'm sure I read that any t&c provided should also include this - I notice their seven added pages make no reference to PPI - which even if I didn't take it out would surely have been needed to be included?   So - just to summarise - is it the "poor quality credit agreement"; the fact that they haven't even declared that they are producing reconstituted copies of t&c and the lack of default notice having been issued - well lack of copy?   On the flip side - where do I stand in terms of the payments I was making - allegedly to this account - via Robinson Way? Is that a case of acting dumb/naive?   Thanks very much everyone.   Barafear.    
    • it sometimes takes a good while for all related entries to be removed.   dx
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Dentedporsche

Reject faulty car. Trade in already sold

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Hi,

Been lurking on here for years but now need a bit of help.

 

I purchased a used car last Friday (6th January) but on the way home the air bag light came on. Also found the windscreen washers could only throw water an inch or so from the jets. Jack and tools are missing from the car too.

 

Not happy that this happened on a £12k car that supposedly had an AA 128 point check.

 

Sent the letter of rejection by email on Saturday, less than 24 hours from purchase followed up by a letter.

 

Eventually got after sales to respond today and they tell me they no longer have my trade in.

I paid £7k for the car plus £5k trade in.

 

Car is 3 years old, full Ford service history and 71000 miles (ex fleet car).

 

What do I do now?

Thanks

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Return the car and ask for the refund of the ticket price – £12 K


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I will do, but, is that what I'm legally entitled to?

Is there anything I can use to back up the request for the £12k refund?

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Ha, just had the garage on the phone.

Told them I'd be expecting 12k refund and they suddenly found our trade in hadn't actually been sold yet.

Off to see them tomorrow, will let you know the outcome.

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Surprise surprise!

 

When you take the car and you leave it there, make sure that you photograph it all so that there is no question about the condition of it when you leave it. Also I suggest that you write out a receipt for the car and you get somebody to sign it. Record the conversation. If they refuse to sign it then make sure that you mark the receipt as "signature refused"

 

Make sure that you leave the car on the forecourt. Do not take it back under any circumstances. Deliver all documents. Inform DVLA that you are no longer owner of the car and make sure that you do whatever is necessary to satisfy all requirements of DVLA. Do not accept the garage undertaking that they will do it for you. Make sure that you keep all responsibility and all control so that you know it has all been done.

 

When you get to the garage, they may well try to persuade you to have the car repaired. If you agree to this then I suggest that you only do it on the basis that you are also given a reduction in the purchase price. I would say £1000 plus full repairs might be a good starting position. Don't accept offers such as extended warranties et cetera. You want repairs and you want cash – and you want it straightaway. Record everything if you can. Photograph everything. Leave nothing to chance. Leave nothing to trust.


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Just a small point, should the car have a jack. None of my BMWs had them and my wife's Juke and previously corsa only has the leak seal and pump. Just in case you use that as a reason and it turns out to be wrong

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Took it back today, no problems at all.

Car was inspected and accepted.

Took mine away.

 

Signed paperwork is in my bag, just have to wait for the bank transfer now.

 

No need to tell the DVLA, it hadn't been registered when I sent the rejection so they stopped it going through.

 

 

It has a space saver spare wheel so there should be a jack, handle, wrench and towing eye.

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Took it back today, no problems at all.

Car was inspected and accepted.

Took mine away.

 

Signed paperwork is in my bag, just have to wait for the bank transfer now.

 

No need to tell the DVLA, it hadn't been registered when I sent the rejection so they stopped it going through.

 

 

It has a space saver spare wheel so there should be a jack, handle, wrench and towing eye.

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