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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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      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
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Hi all,

 

Some help and advice would be amazing on this!

 

I have a defaulted payday loan with Instant Cash/PayDay Uk which is now owned by Prac/BW Legal. The account started on 10/01/2012 and the default occurred on 1/7/2012. I did not make a payment at all towards this or respond to any letters or phone calls. As you can see this debt is very close to being statue barred, if not already.

 

I went through some old documents and discovered a letter of claim from Prac/BW Legal for this debt.

This was sent to my current address (which was different from the address on the account, so they know where I am) on 24/10/17 with a reply needed by 28/11/17. I foolishly put this in with the other few letters I have received over the months which I assumed were bog standard debt letters. I did not reply to this in any way.

 

Where do I stand? I havent heard anything since. Nothing from the court. Nothing on my credit file and its 6-7 months past the deadline set by the letter?

What should I do?

 

What I'm hoping is that they missed the chance to get it to the court before it became statue barred?

As, if I'm right in my thinking I never made a contractual payment then the 'cause of action' would be the first missed payment, and the debt becomes statute barred 6 years after that. Which would be around the Jan/Feb time of 2018?

 

Thanks all

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Sb 'd then

Send them the sb letter from the debt collection section of our library then they also have been notified of your correct address so no backdoor ccj

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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Moved and retitled

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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Does a letter of claim not mark the start of court proceedings?

I know they have 6 years to get a CCJ before it become statue barred but what is the point they need to get to in that time?

Do they need to have a court date for example?

Does that make sense?

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The Letter of Claim is irrelevant.....runs from any court claim date issued.

 

 

Andy

We could do with some help from you.

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Sb'd or not they can go for a ccj as nothing is ever checked if a claim goes undefended as no human ever checks anything.

 

Which is why it is so important to never run and hide

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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The Letter of Claim is irrelevant.....runs from any court claim date issued.

 

Andy

 

So it can become statue barred right up until the court date is issued?

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So it can become statue barred right up until the court date is issued?

 

:???:

 

Do you actually know what statue barred is ?

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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:???:

 

Do you actually know what statue barred is ?

 

Well I believe a debt becomes statue barred if 6 years have passed from the last date of cause of action. When it becomes statue barred, it still exists but prevents court action being taken to recover the debt?

 

So in this case, as I made no payment to the debt and made no contact the cause of action date will be the date of the first payment. Which I believe was a month after the start date. Roughly end of Jan/start of Feb 2012. This means statue barred date Jan/Feb 2018.

 

I received the letter of claim in Oct 2017 and had till end of Nov 2017 to reply. I didn’t (as I didn’t understand what it was at the time) reply. This was still within the 6 years.

 

How we since then I’ve heard nothing else. So I’m hoping that they didn’t get the CCJ paperwork to the court in time before it became statue barred otherwise I imagine I would have heard something by now? 5-6 months after the letter of claim? As I believe that as long as court action is started within the 6 years, it stops the debt from becoming statue barred?

 

That is what I’m asking, the letter of claim doesn’t count as start of court action? Only when I get a court date and official court paperwork I guess?

Edited by Fridge03
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Carefully read post 6 then as post 2

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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Ok. So send them the statue barred letter as I’m pretty much 100% certain this debt now is.

 

This should stop any court proceedings.

As I guess by what you said in post 6, by not telling them at all, they will still go to court and it could still go through if I don’t do anything about it?

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Correct

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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