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    • Just another example of how Enforcement helps not to clear debt by increasing it.
    • Firstly, you don't need to worry about the so-called "six-month rule". The consumer rights act simply complements the existing law contract. It adds to it, it clarifies it – but it doesn't take anything away from it. Not only that, even within the consumer rights act, the most important provision is that the goods you buy are of satisfactory quality and that they conform to their description. If you have bought a vehicle expecting it to be low mileage – only 17,000 and in fact the mileage turns out to be double – 34,000, then I would say that it is not of satisfactory quality. Also, it doesn't conform to its description. It is impossible that this vehicle could be repaired in order to return it to its expected satisfactory condition because you can't undo the mileage don't wear and tear. Furthermore it doesn't conform to its description and nobody will be able to undo that either. On that basis it seems to me that this is what is known as a fundamental breach of contract – which is a breach so serious that it essentially undermines the purpose of the contract – and it amounts to a termination by the seller and it is up to you the innocent party to accept the termination and to consider that the contract is at an end. This then gives you the right to recover all of the losses which you have reasonably incurred as a result of the seller's breach of contract. You have bought this vehicle using finance – and I'm assuming that it is alone and under section 75 of the Consumer Credit Act, the finance company are fully liable to you in exactly the same way that the supplier is liable. In other words, their financial liability to you are mirror images of each other. You say that you are in "the process" of rejecting the car. I don't understand what process there is. You simply write to the supplier – copy it to the finance company – and tell them that the contract is at an end because they have breached it in a very serious way and you want to know what arrangements are being made for returning the car. I think that you should also point out that in the interim period you will be without a vehicle and that it would be in their interests to provide you with a loan vehicle until such time as you can source a replacement. Frankly, if you trust the supplier – and if the supplier behaves in a responsible way, this may be the time to negotiate a new vehicle from the supplier – and no doubt this time they will be far more careful about what they supply you. I think it will be worth pointing out to the supplier that if he will not provide you with a reasonable loan vehicle that you will incur costs in respect of a hire vehicle or some other arrangement and that you will look to them to reimburse you all of these expenses. Once again, you should send a copy of this to the finance company. Separately you should write directly to the finance company and put them on notice as well that the finance agreement is at an end because of the fundamental breach of their client. Because they are a finance company, don't expect them to be especially cooperative so I would tell them immediately that if there is any hint of a lack of cooperation that you will begin an immediate complaint to the FOS – but you may decide to proceed direct to a county court if you feel you have to. Have you contacted anybody about this? We could all be jumping the gun because maybe you haven't even brought it to the attention of the dealer and you don't know what the dealer's attitude is. In all letters, make sure that you copy the letters to the garage to the finance company and those to the finance company copy to the garage – so everybody knows the extent of the trouble you are making about this. Finally, why haven't you told us the name of the garage? Are you trying to protect them? What is the name of the finance company? Are you trying to protect them?
    • I have also read a few threads on CAG and also MSE and there is one conflic of opnions which does worry me a little which is the ignore or appeal...   Ignore until they get to a stage where I have to respond or appeal and not let any claim forms come throug the post and cause unnecesarry stress as my wife is the RK of the car.   I trust your judgement on here as your advice has always been clear and confident but i thoguht I would still ask at what point is ignoring these both, going to do us harm with a CCJ or something?   Thanks again   Gee
    • they only get one bite at the cherry    did you ring the court?   dx  
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Hentooth

taking on Resolvecall over Aqua card debt.

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We recently had a couple of nasty financial hits involving losing our best customer and Universal Credit shafting us,

 

I contacted all our credit cards and explained the problem,

all but Aqua where very understanding,

 

Aqua sent the problem immediately to Resolvecall,

who threatened a home visit,

so I sent them an email with the standard letter as below,

but despite using THEIR ref number they insisted that I told them who I was..

 

I told them politely to bog off and that any calls to the door and I would prosecute for trespass (see email details below).

 

They emailed me back asking me to confirm my details and I again politely told them to bog off and I don't have to confirm anything to them and NOT to attend as per previous emails.

 

Today they dropped a card into my downstairs neighbours door, so not even using the correct address, so I called them and I must admit did not let the guy speak very much and warned him that any other visits would be repulsed using necessary force.

 

I do now wish to prosecute them for trespass, I do know a solicitor, I fix her computer but she is a employment specialist.

 

Does anyone have any suggestions as to where to go, because I do not want this bully company to just start visiting people DAYS after asking for the creditor for help.

 

I DO intend to sue this company and also make it as public as possible, so that these people cannot think they can walk over us.

 

Gary

 

The First Email (C&P / slightly modified from CAGlink31.gif)

 

Dear Resolvecall

 

Your Ref xxx

 

I do not acknowledge any debt to your company.

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange any “doorstep calls”, please be advised that under Office of Fair Trading (OFT) rules, you can only visit me at my home if you make an appointment . I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

 

 

Yours faithfully,

 

Sorry second email back to them

 

I don't have to confirm anything, your reference is in the subject, just look it up in your database. Please note any phone calls or texts will be reported to the ICO as I do not wish to communicate with you any way but postal. Any attendance to our home WILL result in prosecution as you will be trespassing

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Hi.

 

 

I've removed the reference from your first post. Please don't post up details that can identify you.

 

 

HB


Illegitimi non carborundum

 

 

 

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why bother , they all about scotcall or snotcall as we called them..

 

theres nothing really much you can do and you really shouldnt be sending stupid letters to them, its only bait that makes them think they have some magical power over you.

 

you've been here long enough to know the golden rules...as dca is NOT A BAILIFF

stuff all they can do.

 

use your time more wisely..rather than on fighting powerless doorsteppers in dirty macs.

 

AQUA [newday?] will soon sell this on then you real fight might begin.

 

dx


..

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Yes I do realise they are powerless, but I warned them twice not to call to my door and they did, so I want to Sue them for trespass, does anyone have any advice along those lines?

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get on with your life, prosecute them ? sounds more like a Getoutofdebt letter type? i.e. FOTL ahhhhhhhhhhh


:mad2::-x:jaw::sad:

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Seems like a common theme in your threads...

 

Times have moved on now and even if these types of letters might have seemed appropriate by others here years ago we dont advise using them now.


..

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FMoTL twaddle.

Can you demonstrate your financial loss for civil trespass?

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Ha! Pride????????????


:mad2::-x:jaw::sad:

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