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    • best to create a topic of your own please this one is for advising SSwales. click create in the top red banner   dx  
    • There is a caveat. Within the first 6 months the assumption of a fault at time of selling means that it is for the seller to disprove.   This can be through showing, possibly as in the case of engine 'blowing up' in this thread, that due attention by the purchaser has not been  paid to such things as the oil and water levels, all other adjustments have been maintained, any due servicing has been carried out, etc.   There is actually no doubt that if you buy a vehicle and the engine blows up within three months then it is not of satisfactory quality. Because it has happened within three months and the six-month rule applies and that means that she is entitled to have a repair and if the repair fails then a refund or a replacement at her option   We have not been given details of make, model,  age, mileage on purchase, miles covered by OP and servicing history. It is for these reasons that I find the above post questionable.
    • Thank you, I will have a think about where we go from here & if I do decide to progress with a claim with an initial letter, if I can pass it through you to check, I would be very grateful.  Thank you so much again for your assistance to date
    • Yes she told me she had a large company install cctv they didn’t install what they said and she took them to court and won , she then had another person fit them and there was a problem with her tv signal threatened him so he just took them out and gave her her money back . I didn’t know this until after I had installed them and she said the tv was playing up last time she had them fitted 🤦🏼‍♂️ ... this is why I’m so sure it’s nothing to do with what I installed she was happy I told her the problem was with her old analogue aerial and I would go in the loft and switch it to the digital one she declined , told her I would install the cctv on her laptop , mobile phone or connect to tv via router she declined all soloutions . There was no problem with the cctv working through her tv no break lines or pixels , just her tv signal  ive been back and forth trying to sort it out 
    • Quick question for my education (and I hope the OP's).   When sending copies of notices and evidence etc to a defendant, should it be sent recorded delivery or is first class with proof of postage sufficient (or even better)?   Can't recorded delivery be refused by the recipient?  And if it is refused, can a defendant legitimately argue that it was never received?   Sorry - don't want to drag this thread off topic but it seems sort of relevant.
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    • My personal experiences of Future Comms 
       
      Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
      • 0 replies
    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Thanks
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
torch1

Need advice - £70k debt - should I quit DMP now?

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Question: What happens if they find the agreement after 12 days? Can they then issue a CCJ or could it be disputed?

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Just an update on this so far. PRA Group have replied stating they have requested the original agreement and my account is suspended and unenforceable until they have it. They also state that they can not issue a CCJ until they have it.

 

They cant issue one anyway. Only a court can. Theyre still trying to scare you. They mean they cant do ANYTHING through any legal avenue to collect the debt.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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THEY cant issue ANY CCJ's

they might issue a claimform hoping to win in court.

 

 

but without enforceable agreement/paperwork they are stuffed


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Question: What happens if they find the agreement after 12 days? Can they then issue a CCJ or could it be disputed?

 

IF ( and its a big IF), they manage to find a compliant agreement, then y ou come here and we advise the next step of action. Theres plenty of things to keep them busy.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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IF ( and its a big IF), they manage to find a compliant agreement, then y ou come here and we advise the next step of action. Theres plenty of things to keep them busy.

 

An update on this. I have had quite a few responses now, most stating they will endeveour to locate the original agreement.

 

2 from wescot stated they are not the creditor and are instructed on behalf of their client and returned the postal order to my old address (despite giving them my new address in the letter).

 

1 from Santader with a copy of the original signed agreement from 2008 which appears to look valid. How should I handle this one?

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Scan it up read upload

Go start a new thread in the Santander forum and attach it with a brief history of the debt


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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As for wetcloths

I did say send to their client not wetcloths


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Have sent of new CCA requests to wetcloth's clients.

 

Have posted the Santander CCA response in the Santander thread.

 

Received a signed for special delivery this morning from American express (after writing to NCO) with a big package of original signed agreement and T&Cs, just within the 12 day time schedule. Too many pages to scan all of it, but agreement is from 2003 so may not be valid.

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start a new thread in the amex forum.

still need to see it if you want assistance


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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How relevant is the 12 day limit for providing the CCA request response? If the DCA supplies a valid CCA response after this time does it make a difference to enforceability or a CCJ defense?

 

If I do not receive the CCA request response in 12 days do I need to write to say account is in dispute or just do nothing and stop payments?

 

Find it interesting that AMEX sent their response by special delivery.

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very. if they dont provide it within 12+2 working days, then they cannot legally enforce the debt through the courts.

 

If the DCA supplies a valid agreement ( and its very rare they do), then you look at other aspects. The debt was sold for a reason. You just need to find out why.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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How relevant is the 12 day limit for providing the CCA request response? If the DCA supplies a valid CCA response after this time does it make a difference to enforceability or a CCJ defense? no.

 

If I do not receive the CCA request response in 12 days do I need to write to say account is in dispute or just do nothing and stop payments? do not respond, yes you can cease payment till they comply with an enforceable agreement

 

Find it interesting that AMEX sent their response by special delivery.

 

 

dx


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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when they reply with an enforceable agreement shortly afterwards I have to renegotiate reduced payments again with everyone?

 

Seems like a pointless exercise to send CCA requests if so?

 

I read that a reconstituted CCA is enforceable now if post 2007?

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We check the agreement here

Then maybe you resume

 

A recon doesn't mean its always likely enforceable!!

 

Esp if a debt has been sold to a fleecing DCA


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A further update, Capital One have now responded with a photo copy of original signed agreement and full T&Cs stating the agreement is enforceable.

 

 

So now have 3 likely enforceable agreements back so far.

 

If I don't act soon I suspect I will have 3 x CCJs on my way!

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The letter states

 

"It was confirmed by the Judgment of His Honour Judge Waksman QC in Carey v HSBC [2009] 3417 (QB) that providing a reconstituted copy of your agreement is compliant with S78 and there is no requirement under the CCA to provide you with a photocopy of the original signed agreement" (although they have done).

 

Would it be a good idea then to offer them £x for x months due to my change in circumstances (health issues and reduced income).

 

 

A family member has offered to clear a few of the enforceable debts if I can negotiate a reduced full and final offer with them soon as they are causing me a lot of stress and affecting my health.

 

I am a bit reluctant to come off Stepchange and self manage as dealing with the admin for 19 debts is not easy in my circumstances.

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carey is a load of ole twaddle

and that's not what it said either

just their interpretation of what they think it meant.

 

now can we see these agreements please

new thread in the cap1 forum please too


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I sent a CCA Request to Cabot Financial.

They did not respond to it (over 12 days)

Have sent me a letter today stating they have not received payment.

 

On the letter it says original lender is northern rock (pre 2007) and current creditor Marlin Europe V Limited.

 

Should I have sent the CCA Request to Cabot or Marlin?

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Marlin are Cabot...

If they've not replied then tough for them

No payment till they do


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I sent a 4 x separate CCA Requests to LINK Financial at the follow address by recorded delivery, some time ago (over 12 days ago)

 

Link Financial Outsourcing

PO BOX 30095

London

SE1 7WU

 

None of them have been picked up when looking at royal mail tracking.

 

Any ideas what to do?

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Don't waste money on recorded use 1st class with free proof of posting from the po counter

Its all in the CCA request posts

 

DCA's never sign for them

 

Was that the address on their letters?


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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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The address on their letters is exactly as above.

 

I wanted to send recorded so that I know they received the letter. Proof of posting does not ensure that.

All other DCA picked up their recorded deliveries (even to PO Boxes)

Seems that just LINK do not. Perhaps they know its a way to avoid receiving a CCA request!

 

Should I send another with proof of post only. Cant be sure they will get it though!

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I don't think a company can refuse to accept recorded delivery easily, unless the local Royal Mail are not doing their job properly. There might be a delay in receipt being confirmed. If the recorded delivery letter was to a correct address for Link, then no reason for it not to be received and signed for. If a letter is sent to an address mail is not accepted at, then of course it won't be delivered.

 

I would only send by recorded delivery if it were extremely important to have an item tracked. For a CCA request, only proof of posting at post office counters is needed, keeping a copy of what was sent.

 

If the Link address is shown on their letters it should be correct. Presume it was received, unless Royal Mail tell you it was not delivered.


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I have sent 8 separate letters to LINK by recorded now. It is their official correspondence address. None of them were ever delivered or picked up! Still in the system undelivered.

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