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    • 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.  👍
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sent Moorcroft a CCA they passed debt back to Nationwide


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Four months after having sent Moorcroft a CCA request and having them acknowledge the request, they have today closed the account , sent me a cheque for £1 and returned the now disputed account back to Nationwide.

I presume I now await Nationwide to either contact me directly or to assign or sell the debt to another DCA.

I also refer to this line on the CCA request letter...

 

" If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor"

 

However this has come about after Moorcroft began playing Billy Suggers so I sent them a letter putting the account into dispute.

Should Nationwide abide by this or have Moorcroft a right to wash their hands ?

Also the dispute clearly states that the disputed debt cannot be collected, enforced or passed to any third party ?

So if another DCA takes it over are Moorcroft and Nationwide breaking the law ?

Please also note that no CCA has been produced.

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Moorcroft would only be collecting on behalf of the OC...the debt was never assigned..however a debt can be assigned to a third Party as its part of the T&Cs of your agreement as is asking third parties to to collect the debt on their behalf.

 

Regards

 

Andy

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So if Moorcroft are acting as collecting agents for Nationwide and administering the debt on their behalf, they should have sent the request to Nationwide ? Thats how I read a simple duty of assignment ?

Two letters from Moorcroft have asked for my patience whilst they obtain the documentation from Nationwide.

From the letter today it is quite clear that they have been able to do this and have washed their hands.

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If Moorcroft cant comply then its a safe bet NW dont have it

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

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