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    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
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Hi

I bought a car from a dealer back in September

 

I've been advised that the turbo needs replacing.

I have 1 years warranty with the car

the warranty provider is trying to claim that it is wear and tear.

I have checked the policy booklet and the turbo is NOT amongst the items not covered on the scheme I have.

 

My mechanic stated that the air intake was broken around the turbo area and the seal was broken in half, he stated that it looked like a botched repair previously done.

 

I have sent the warranty provider an email threatening legal action with my findings and am ready to take action against the dealer concerned.

 

I have written a threatening letter to the RAC

(the RAC are in charge of the dealer concerned) as well but I would like some advice or ideas how I can progress this matter?

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Consumer Protection Act?

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Cra


please don't hit Quote...just type we know what we said earlier..

 

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forget the warranty means stuff all!!


please don't hit Quote...just type we know what we said earlier..

 

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What date in September??????

 

Under the Consumer Rights Act, if a defect develops within the first six months then the seller is normally entitled to attempt to repair the defect and if the repair fails then they are obliged to refund or replace the item.

 

This is called the long-term right to reject.

 

However, I'm not aware that the recent legislation has abolished the basic Common Law rules of contract. Basic contract law is that if a defect emerges which is so substantial that it undermines the value of the contract then it could be said to terminate the contract anyway – and this would entitle you to reject the item and insist on a refund. This basic rule of contract law applies regardless of the age of the contract. The benefit of the rule under the CRA is simply that within six months any fault which appears is assumed to have been there from the beginning. Under ordinary contract law, you have to do a bit of proving. No assumptions can be made. However, in this case because you have found a botched repair, it is clear that that is the condition of the vehicle at the time of sale so you wouldn't have any problems at all on simply rejecting the vehicle out of hand because it seems to me that a faulty turbo is a fundamental breach of contract.

 

Of course the easiest way to go will be under the CRA and this is why it is important to know the date in September that you made the contract – which includes taking delivery of the vehicle.

 

If you are within the six months then I should write a letter immediately and said it recorded delivery as well as sending an email and tell them that as the contract was made within six months you are requiring them to repair the defect or else provide you with a refund. Warn them that if the defect is not properly repaired then you will consider that the contract is at an end and that you will be insisting on a refund.

 

If you are within six months then get this letter off on Monday morning without fail.

 

Tell us a bit more about this warranty. Was a warranty included as part of the deal or did you pay something extra for it, meaning is it an extended warranty?

 

Warranties as well as extended warranties are generally speaking a load of rubbish and you shouldn't be swayed by a dealer saying that it includes a warranty in order to make a decision between two various vehicles. Nowadays I have the impression that dealers make a big thing of warranties in order to disguise the fact that there are much better statutory rights available. We often have people who come here in despair because their warranty has expired and they assume that they don't have any further rights.

Nothing could be further from the truth.

 

By the way, I'm not sure that you have told us the name of the dealer. Are you trying to protect them? Who provided the warranty?


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Also, before you get any repair done, see if you can get photographs of the botched repair. You will also need to get a statement from the mechanic who has told you that that the turbo has been poorly repaired


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I made the dealer aware of the fault in November/December and he turned around and said it was caused by putting Supermarket diesel in, the fault has only truthfully been diagnosed on the 2nd March and the mechanic repaired the air intake on 5th March - I bought the car on 9th September. I've emailed the garage to send a report on it though he may have mentioned something on the repair receipt.

 

The warranty was bundled with the car for free.

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Caused by supermarket Diesel! Brilliant! Absolutely brilliant :lol::-D

 

 

Of course, what the dealer isn't telling you is that Diesel is Diesel is Diesel no matter what pump it comes out of. There are no different kinds of Diesel, only different additives. But even these additives usually do exactly the same thing. Different "grades" of Diesel is a myth (different grades of petroleum accepted as there are different octane levels) perpetuated by the big fuel companies so that people buy their fuel instead of buying it from a supermarket forecourt. It's all about £££ and has nothing to do with what's in the tank.

 

Supermarket fuels (petrol & Diesel) are governed by exactly the same rules as "branded" fuels. Both have to meet minimum specifications in the UK (and worldwide) so for the dealer to say that supermarket Diesel is to blame for the fault, well, he's talking out of something that isn't his mouth :wink:


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Was it a Diesel vehicle or could you have wrongly fuelled after purchase?

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Okay, don't worry about what the dealer says about it. As you bought the fault to the attention of the seller in November/December, you may as well say that you were invoking your rights under the 2015 legislation and so you are now insisting on a repair or a refund.

 

If you really are not interested in having the car any more then simply say that the defect in the car is so serious that it has effectively deprived you of the benefit of the contract and so the contract is terminated and you want a refund. In that case you need to return the car to the dealer as quickly as possible, making sure that you have got photographs of it as you leave it on his forecourt so that there is no dispute about alleged damage et cetera.

 

I think you need to tell us what you want to do. If it happens that you would prefer to have the car repaired and frankly I would be wary of having it repaired by the seller. In that case, I would get a proper assessment of the damage and of the value of the repair. Get two quotes and then send them to the seller and tell them that you are intending to get the car repaired and you are giving him seven days to inspect it himself.

 

If you get the car repaired then make sure that you keep broken parts as well as a full photographic record.

 

It is really now up to you to tell us how you want to play it.


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Caused by supermarket Diesel! Brilliant! Absolutely brilliant :lol::-D

 

 

Of course, what the dealer isn't telling you is that Diesel is Diesel is Diesel no matter what pump it comes out of. There are no different kinds of Diesel, only different additives. But even these additives usually do exactly the same thing. Different "grades" of Diesel is a myth (different grades of petroleum accepted as there are different octane levels) perpetuated by the big fuel companies so that people buy their fuel instead of buying it from a supermarket forecourt. It's all about £££ and has nothing to do with what's in the tank.

 

Supermarket fuels (petrol & Diesel) are governed by exactly the same rules as "branded" fuels. Both have to meet minimum specifications in the UK (and worldwide) so for the dealer to say that supermarket Diesel is to blame for the fault, well, he's talking out of something that isn't his mouth :wink:

 

But that’s not true is it? High grade diesels, and petrols for that matter, offered by the big brand oil companies have higher quality additives and often a higher quantity too which has been proven to improve fuel efficiency and wear... the supermarket fuels do indeed meet minimum specs, but that’s it, no more.

 

It wouldn’t cause a turbo to go though, that’s just silly!

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There is no such thing as "high grade Diesel".

 

As part of my last job, now and again I found myself at the port of Avonmouth which has a massive oil terminal. Whilst most of the 'major' oil companies have storage facilities there which only service their own (road) tankers, so do the big brand supermarkets.

 

What do you think happens when (sea) tankers dock at the port?

 

These aren't carrying BP fuel, Shell Fuel or Esso fuel, they're just carrying fuel. Whichever fuel storage facility has ordered that fuel gets it. Now, let's say that that the (sea) tanker is carrying 10M litres of Diesel fuel. Esso may have ordered 3M Litres. Shell 2M, Tesco 4M and Asda 1M litres.

 

But it all comes off the same ship from the same tanks.

 

I did say that the additives were different, but the fuel itself is exactly the same.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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My bad for failing to apply quotation marks.

 

You never saw the injection units at any oil terminal then?

Edited by dx100uk
quote

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You never saw the injection units at any oil terminal then?

 

Yes, but they are for the additives, not the fuel. And I've already said the additives are different (higher quality or whatever you want to call them).

 

So, with the exception of the additives, the fuel is the same, so supermarket Diesel (the Diesel itself) is no different to the Diesel you'd buy from any of the big brands.

 

I feel that we're saying the same thing here disgruntled, just in a slightly different way.

 

But we're digressing from the topic of the thread.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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Hi again, due to personal and financial circumstances I had a car on finance but the car became unreliable with many issues.

I stopped payments to Close Brothers due to the problems and being unable to afford them and the car was repossessed.

 

However they got really nasty towards me and tried to restart the finance without my consent on 2 occasions (not enough money in the account and I cancelled the direct debits each time).

 

After a rather heated and blue language phone call to them I have decided to change my bank to a new bank and take the direct debits I want to take with me (crucially not their one).

 

My query is that they are saying that I am still liable to pay them even after the car has been repo'd and are they legally allowed to restart the finance without my consent? The car is (or rather was) 1 year into a 3 year agreement.

 

I just need factual answers so I know which way to go.

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Key here is how much you have paid. How much was the finance and how much was paid... It could be key here...

Did you Surrender the car or did they repo it at their own control?


 

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The car was worth £3500,

I paid 12 installments of £125 (about £1500) and the total finance was about £4400.

 

I told them to come and get the car as it had too many starting and running problems and I couldn't afford to keep repairing it.

I have also informed action fraud about it as well as they restarted the direct debits without my consent but I'm changing banks soon so they won't have any luck next time.

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they did VS when yo could have done VT, the Diff being VT=50% only.

VS you pay everything owed.

 

now the car was faulty...why did you have to pay to repair it? not your problem!!

it was the dealers problem not yours, and under the consumer credit act, the financiers Close Brothers, are equally liable.

 

tell us how many months the agreement was for please?

 

sadly close brothers are a very close:lol: 2nd to moneybarn in the way they treat customers.


please don't hit Quote...just type we know what we said earlier..

 

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The only money they will get will be between 0% and 50% as I will be going either the IVA or debt management route. The agreement was for 3 years.

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No please dont do either of those!!

 

Is this..

https://www.consumeractiongroup.co.uk/forum/showthread.php?485640-Car-warranty-issue

 

You'd paid 1\3rd they should not of repo'd as they were protected goods.


please don't hit Quote...just type we know what we said earlier..

 

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That is the warranty issue for the same car - I did email them to end the agreement beforehand as they refused to help me with repairs to the car and it was also having a negative effect on my health.

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Ok well for history ive merged them..

 

What did you say in your email please?

Were you even aware there was vs and vt options??


please don't hit Quote...just type we know what we said earlier..

 

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I stated that they could come and collect the car as long as the finance was finished. I could no longer afford to keep the car as it just needed too much in repairs done to it.

 

I was not aware of the options available as they never told me and never helped me with repairs for the car and never understood that there were several other options available. This seems to prove how crooked they are and how they prey on vulnerable people who are not aware of their own rights.

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i'm wondering if you can get them on either :

 

the car was protected goods

or

you ' stated that they could come and collect the car as long as the finance was finished'

bit we need your exact text please

 

eitherway there might be a chance that their actions MIGHT invalidate the agreement thus voiding it, thus you get everything you paid back and owe nothing , as well as a consummate cost today for the cars worth.

 

not sure..


please don't hit Quote...just type we know what we said earlier..

 

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