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    • The gaming giant is offloading the Venetian in a $6.25bn deal to invest in Singapore and Macao. View the full article
    • ok best shot..   you need to reply to that letter of claim.   for debt covered by the consumer credit act:   send a cca request along with the completed form:   NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!! DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER. USE ROYAL MAIL 1st class - get free proof of posting from any PO counter   box D tick   I dispute this debt because ..i refer you to our previous communications and my previous respond to your previous Letter of Claim. i am over 50yrs and have deferred as required to meet the age write off.    box I tick   I also require you to supply the following..   All signed agreements Copies All my deferment sent to either yourselves, the SLC or the SAAS to date. Copies of all communications bothways in whatever format to/from Erudio, Capquest, yourselves and Me A copy of the any Default Notices A copy of the Notice of Assignment A complete set of statements detailing exactly how the sum you allege is owed has accrued detailing: All Transactions. Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. Details of all contractual interest added by whom and on what date. List of ALL Payments made toward the Agreement   no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form   staple the £1  PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money   reply form PAP.pdf
    • There's more support for many in the Budget, but for some it still falls short. View the full article
    • no you are kidding me...   they can't be that thick surely... could be game over if they've faked it.   can you attach it to a private msg to me please.  
    • The original pdf did bring up txt boxes where my details were, it wasn't as if it was a photocopied document with my details embedded and I do find it awfully convenient it appeared the very next day after the case meeting.   The address was the same as it should have been, but ive only recently moved, this case was already in motion during my move.   Can I then just argue the authenticity of the CCA  at the next meeting? Explain that when put into a editor my personal details and only them pop up as carefully placed text boxes whereas the rest of the form looks photocopied??
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Wait for the defence...then you can review your position.

 

Andy

We could do with some help from you.

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Thanks Andy,

 

I have read some advice on the consumer website on what happens etc, but at this point will the garage then write back with their reasons as to why they refuse to mediate/help and am I then given the option of pursuing further, or can I at least submit further evidence? On the initial claim, I put in as much as I could, but was restricted to how many words I wrote! I am hoping that my willingness to mediate helps me.. :|

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Thanks Andy,

 

I have read some advice on the consumer website on what happens etc, but at this point will the garage then write back with their reasons as to why they refuse to mediate/help and am I then given the option of pursuing further, or can I at least submit further evidence? On the initial claim, I put in as much as I could, but was restricted to how many words I wrote! I am hoping that my willingness to mediate helps me.. :|

 

the garage have to file a defence

you'll exchange further stuff later at the witness statement stage IF it ever gets that far.

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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Question, Does any of the documentation you got from the dealership specifically state "Sold as Seen".? (not there solicitor letters)

 

Couple of link for you to have a wee read of:

 

Trading Standards Institute Advice: http://www.bromley.gov.uk/leaflet/309521/4/675/d

(have a good read of the "General Descriptions area especially the section titled "Examples of misleading actions:")

 

Citizens Advice - Problem with a used car: https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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the garage have to file a defence

you'll exchange further stuff later at the witness statement stage IF it ever gets that far.

hi DX

 

Once they submit their defence, am I right in assuming it is assessed and then some form of decision is made as to what to do next?

 

Stu - I cannot for the life of me recall seeing sold as seen in the description on AutoTrader, nor do I have paperwork to stipulate such other than a receipt to confirm the amount paid, how and who to. On the day of purchasing, I messaged my friend to let the know of the car I had purchased and attempted to use the images/link on autotrader to let them read over, however the advert was immediately removed. Thanks for the links! :)

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" Once they submit their defence, am I right in assuming it is assessed and then some form of decision is made as to what to do next? "

 

Not really...you decide if you wish to proceed once you have assessed their defence

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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hi DX

 

Once they submit their defence, am I right in assuming it is assessed and then some form of decision is made as to what to do next?

 

Stu - I cannot for the life of me recall seeing sold as seen in the description on AutoTrader, nor do I have paperwork to stipulate such other than a receipt to confirm the amount paid, how and who to. On the day of purchasing, I messaged my friend to let the know of the car I had purchased and attempted to use the images/link on autotrader to let them read over, however the advert was immediately removed. Thanks for the links! :)

 

It might be worth looking at the Google "Wayback Machine" for Autotrader. http://web.archive.org/web/20170701000000*/autotrader.co.uk Look for a date a couple of days before you purchased the vehicle and if it's been indexed, you'll be able to see the advert. Got to be worth a look at least :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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That didn’t work however I contacted autotrader and received the ad:

 

THIS CAR WAS TAKEN IN PART EXCHANGE NOT MECHANICALLY CHECKED OR INSPECTED SOLD AS SEEN, no guarantee or warranty, HPi clear, 12mths MOT just done, some age related marks and stone chips, dent on pass rear wing see pictures, clean and tidy example, view and test drive before you buy, Air-Conditioning, Manual Air-Conditioning, Model 6000 CD/Radio, In Car Entertainment (Radio/CD), Electric Windows (Front), Air Bag Driver, Central locking, Power-Assisted Steering, Adjustable Steering Column/Wheel. White, clean example taken in part exchange, first to drive and view will buy, be quick clearence priced, £ p/x to clear

 

Has this weakened my chances?

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Hi,

 

I received a further letter today from the courts requesting I complete a Directions Questionnaire, or ideally chose mediation (which I am happy with).

 

The defence is -

 

The car was advertised at a low price and was advertised clearly stating that it had not been mechanically checked or inspected. The defendant and her partner had little money and upon their inspection and test driving, purchased the vehicle.

It was not until November that the vehicle was taken to a garage despite, no advertised service history and being purchased in September.

 

By advertising the car as we did, the Claimant was fully aware that there was a performance and longevity risk in buying this vehicle. One which was prepared to take home at the time. That was her choice and it was also her choice not to at least take it for an immediate service given that there was no history. If her choices backfired that cannot be our responsibility.

 

The general doctrine of English law is that the courts will not interfere in contracts just because someone has made a poor decision or contracted themselves a bad bargain. We ask the court to uphold his long established principle and to deny the Claimant any redress now. She knew she was contracting for a vehicle that carried uncertainty as to performance at at a particularly low price to reflect that risk.

 

We have no evidence to support what is alleged.

 

There is no evidence because they refused any contact with us. I would of welcomed an arrangement where they had the car inspected.

 

I am happy to mediate personally, but from the above, I doubt they will do so. I found their defence somewhat insulting too!

 

Also the final paragraph - it isn't a poor decision (in some sense I suppose it is), but surely that can't change what's in black & white when it comes to legislation and responsibilities?

 

Any advice?

 

Thanks

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Any advice?

 

Just make sure you complete the DQ and file and serve on time.

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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OP I think alot depends on how much you paid for the car. They cannot sell a car 'as is'.... but if it was only a few hundred then the age and price paid would be taken into account.

 

So how much was it? Having said that the advert would immediately ring alarm bells....they are virtually saying its not a very nice car!

 

Having said that you will probably win.

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Thanks for the replies. Yes, £1100 - I fully agree, banger territory! However, with a change in circumstances, it was a car that was appealing for what we needed it for, plus with the garage's reputation on top of that - we thought it would be a safe purchase. Lesson well and truly learnt.

 

The form has been sent off (recorded) and we have opted for mediation to see where that get us.

 

Will keep you posted.

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