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    • Mine does have a date on top right - 18th March. 
    • Hi there , Received a letter from gobal arrow 2nd of may stating they handed my debt to shoosmiths solicitors for collection. The account was opened 2005 with mbna and defaulted i think 2008 when made unemployed  Balance £2200.I payed a few token payments for a while to various DCAs but hen stopped 2012/13 trying to track for sure.with bank .They sent a second letter 22may with 7 day countdown saying there going legal if arrangement not made.If checked my credit file and theres no defaults present or dates so its dropped off but i don t know when. My credit file has been excellent for the last 5 years with every payment to date now afraid of a reset.Any advice as i am unsure how to approach this .Thanks 
    • The company is gone,so like a deceased person who has capacity for OOT?
    • Could an out of time statement create a liability?   Surely at the moment they are pursuing the OP as director of the now dissolved company and they can only go after company assets. if the company is gone, the OP isn’t a director: so in what capacity do they plan to make an OOT statement? They aren’t a director anymore.   Would it be better to not make the OOT, and say “the company has gone, there are no assets remaining to enforce against, and any personal assets I have aren’t subject to any warrant of control you may have for company assets”
    • I hope you won't think I'm being too tough if I say that you've been here since 2012 and so you must know your rights under the Consumer Rights Act which are that if a fault manifests itself within the first 30 days then you are in principle entitled to a refund or a replacement. You would also be aware that you have to assert this right so I'm pleased to say that you will already have made sure that the shop has evidence that you did come to them on day 29 and tried to assert your right. On that basis it is simply a question of pushing the issue and if necessary taking legal action to enforce the right. Also, you've been here since 2012 so I'm not too sure why you haven't told us who the dealer is – maybe you would do that now. Also, should be aware that the responsibility/liability lies with the dealer and has nothing to do with the manufacturer regardless of what any document says. Are we on the same page here? By the way, I have no idea why you should be concerning yourself with GDPR. This is an extremely minor issue and I would have thought that you would be concerned with getting your telephone sorted out.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 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
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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lawntreader

Hillside Leisure -Right to Reject New Campervan? - ***Resolved***

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John wrote: “...your insurance may well refuse to pay out”

 

Indeed, John. It greatly worries us, too.

Edited by lawntreader
Forgot to quote

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Where I am very pleased and slightly surprised that they are being so helpful. It's a good start – but pardon my pessimism, don't be surprised if attitudes change.

 

I need to ask you if you have recorded these conversations? Have you read our customer services guide?

 

Have you done anything about starting a legal action? Have you actually invited Hillside Leisure to carry out an inspection?


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Where I am very pleased and slightly surprised that they are being so helpful. It's a good start – but pardon my pessimism, don't be surprised if attitudes change.

 

I need to ask you if you have recorded these conversations? Have you read our customer services guide?

 

Have you done anything about starting a legal action? Have you actually invited Hillside Leisure to carry out an inspection?

 

Hello BF,

Yes I have read the Customer Services Guide, thank you, and have started recording conversations. Yes, I thought it went quite smoothly with the bank but I take your point and respect your pessimism!

 

We haven't invited Hillside to carry out an inspection (though had wondered if we should today) and have engaged a solicitor. It feels like a bit of a see saw, trying to engage with the facts and not all the emotion we have about the whole sorry business. The holiday we had planned was with our niece who has just bought a caravan following her Mum's (our sister's) death from cancer, so it was such an important holiday, so the loss of it after all we went through was highly charged.

 

BF,you seemed to feel that we could do this ourselves, but I didn't feel confident enough. I might see if any of the auto engineers/experts in alarms might inspect for us here at home. I will keep you posted and thank you, again.

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Just for further sharing of information, I have contacted my bank to initiate the Chargeback process. I found them very helpful but they have informed me that the faulty goods/van needs to be in the hands of the merchant and they then have 15 days to act and if they don’t, the process of obtaining the refund can be initiated. So they can’t act until the van is returned.

 

I have been fortunate to have a friend who has a garage who feels any company should have the right to inspect a faulty vehicle. But, at the same time, Hillside tried to blame us for tampering and told us to take the van to Nissan in the first place. They never wanted to see it in the first 3 weeks. The element of mistrust here is so great, yet I don’t want to appear unreasonable.

 

I have also been looking at auto engineers and expert witnesses and all sorts to strengthen our position, but I can’t help noticing another week has gone by with a brand new, unlocked campervan sitting outside. The thought of court proceedings doesn’t fill me with joy, but I am wondering if this maybe what has to happen.

 

BankFodder your advice was to tell Hillside to make an appointment to come and inspect it here at our house, but then Chargeback cannot be initiated. Another week has passed, I have done more research but I am still unsure of my next best move. Any input welcome, thank you.

 

I agree, I think bankfodder has given you a missguided extreme view.

 

Start being reasonable and work with Hillside to get the car fixed. I think it was right they asked you to take it back to fiat to make sure it wasnt a manufacturer fault, they say it isnt (as far as they know) youve bought a modified vehicle, work with Hillside to repair. Don't threaten them, be reasonable and work with them. Get it fixed and re-start your relationship with Hillstart. As soon as you STOP threatening them they'll bend overf to help you....................................

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You could easily do this yourselves. It's a shame you have engaged a solicitor because you will find that there will now be an exchange of correspondence and everything will simply get delayed. Don't imagine that a solicitor is going to leap into action I don't imagine that having a solicitor on your side is going to put the willies up the other side.

 

You should certainly have invited them to carry out an inspection – and you should do so now. You don't seem to realise that the point of it all is not necessary to get the inspection, but to get the paper trail showing that you have been as reasonable as possible so they can't later on say that they never had an opportunity to inspect the vehicle.

 

If we give you advice here, you should follow it.

 

Your solicitor will probably not know anything about the chargeback system. It won't be in his training or in his culture.

 

If you really want a solicitor working for you then frankly you have done it far too early and you just simply spending money.

 

I hear what you say about getting the vehicle to them before activating the chargeback. The only thing that I am concerned about is that once they have the vehicle in their possession, if there is any problem with the company and they disappear, they could disappear with your vehicle and also the money. On the other hand, if a chargeback process in hand then the bank would reimburse you because you had acted on their advice – except you won't be able to prove that, because you haven't recorded the call. Your solicitor also won't advise you to record calls. In fact your solicitor will have no idea as to what the law is regarding the recording of calls and may well even discourage you.

 

 

As you have now engaged a solicitor and so you are paying money for services, I think you need to decide whether to stick with your solicitor or to allow this forum to help you – but I don't think you can do both.


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Thank you. I understand what you’re saying and have learned a great deal very quickly. I will talk further to my partner.

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I would suggest that you send them a letter before claim immediately. In the letter before claim you should set out what is wrong with the van, refer to the fact that you have let them know within the 30 day period, list out the events – that they have ignored you et cetera, invite them to come down and inspect the vehicle but tell them that in any event in 14 days you will be starting a claim against them in the County Court and without further notice. Tell them that you will be claiming any associated costs and also you intend to make a claim for the loss of your planned holiday and other plans.

 

One them also that you will be adding interest at the County Court rate of 8% to your claim.

 

Warn them also that as the claim will be going onto the fast track you will be claiming your costs. Tell them at the moment that you are acting in person but at some point you may decide to instruct legal professionals and that will incur further substantial costs which they will be required to pay once they lose.

 

I don't think there is much else you can do. If you don't take this action then you better stick with your solicitor. If you want, you can go through the chargeback process but as I have said, there is a risk that they receive the vehicle and then you lose the lot if they go belly up. This may be a remote possibility but you are talking about quite a lot of money and so I think you need to factor in as a possibility.

 

You came to us on the 27th. It is now about seven days later. I think it's about time you made a decision and acted.


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I've just looked at their website for their terms and conditions. Here's their Twitter feed - @HillsideCampers

 

It says "awaiting content".

 

https://www.hillsideleisure.co.uk/terms-and-conditions/

 

Go figure.

Hillside leisure - t&Cs awaiting content.pdf


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I suggest you DON'T ignore Hillsides offer to take it back and fix. What do you think a judge will look for when he reads the case, if it isnt already dismissed ? Seller agreed to fix, buyer refused to return......

 

I repeat start being reasonable, thats what judges look for.... They get fed up with completely unreasonable cases being put infront of them...

 

Its black and white to them. Who's been or being unreasonable........

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I would suggest that you send them a letter before claim immediately. In the letter before claim you should set out what is wrong with the van, refer to the fact that you have let them know within the 30 day period, list out the events – that they have ignored you et cetera, invite them to come down and inspect the vehicle but tell them that in any event in 14 days you will be starting a claim against them in the County Court and without further notice. Tell them that you will be claiming any associated costs and also you intend to make a claim for the loss of your planned holiday and other plans.

 

One them also that you will be adding interest at the County Court rate of 8% to your claim.

 

Warn them also that as the claim will be going onto the fast track you will be claiming your costs. Tell them at the moment that you are acting in person but at some point you may decide to instruct legal professionals and that will incur further substantial costs which they will be required to pay once they lose.

 

I don't think there is much else you can do. If you don't take this action then you better stick with your solicitor. If you want, you can go through the chargeback process but as I have said, there is a risk that they receive the vehicle and then you lose the lot if they go belly up. This may be a remote possibility but you are talking about quite a lot of money and so I think you need to factor in as a possibility.

 

You came to us on the 27th. It is now about seven days later. I think it's about time you made a decision and acted.

 

They havent ignored, they've said take it to the main dealer who has diagnosed the fault is with the modification, the said modifyer has asked for it to be retured for a full repair. OP is refusing and you are saying take them to court !! Bankfodder how can you justify such misguided very bad advise ?

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BankFodder, just a general query, I would be grateful for your input. Is it considered bad form to have employed a solicitor and then take things on again oneself? I regret not having found my way here earlier, but, I just wondered if it’s regarded badly in the court system.

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no probably the otherway around

if cases drags on or turns out to be simple

the cost of solicitors comes in question as to if its financially worth their expense


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no probably the otherway around

if cases drags on or turns out to be simple

the cost of solicitors comes in question as to if its financially worth their expense

Thank you. That’s helpful, as always.

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In respect of the defects, you don't have to ascertain the cause. You only have to ascertain that the defect exists. Can they confirmed that the alarm problem exists?

 

In the case of the payments, it's a shame you didn't use credit cards because you would have more protection. I'm not sure what the chargeback rules for payments of this size by means of debit cards are.

 

Maybe someone can help

 

The amount was in excess of £30k so paying using a CC would not have helped as S75 would not have applied.

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Lawtreader, I think you seariously need to reconsider your actions. You have been offered a full repair, I think you are being completely unreasonable, its a minor issue with and easy repair, the court will not look kindly on you. Rememeber the retailer has rights as well as you do. You cannot just stick your head in the sand and demand a refund until all channels have been exhausted. You could lose at court and have to pay their costs, which could be considerable...

 

I suggest you reconsider and work with them and give them the opportunity to repair, if they don't fix it correctly then sue them, work with them not against them.

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The amount was in excess of £30k so paying using a CC would not have helped as S75 would not have applied.

 

Its already been confirmed that it was purchased using two Debit Cards...but by the way Section 75 covers "consequential losses", as well as the cost of what you bought. This covers the costs caused by the problem with your purchase.

 

http://www.legislation.gov.uk/ukpga/1974/39/section/75A

 

Although irrelevant to this thread

 

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This matter has been settled after a new head of sales talked to us, re established trust, came and inspected the vehicle and discovered the fault. What a difference when someone cares about their customers and listens. He seemed really concerned about what we had been through, wanted to work with us to put things right and I think, had he been in the job when all this started, the situation would never have escalated as it did. 

I thought Hillside were nothing but a bunch of belligerent bullies wanting to take the cash, not giving a toss about their customers or their service, but I feel quite differently now. I am so glad to report that this story has had a satisfactory conclusion. Thank you for all the information and support here.

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Thank you very much indeed for bringing us up to date with this. I'm very pleased that it has been a positive outcome for you.

 


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