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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
        • Like
      • 0 replies

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My problem now is.

I've ordered a new VW T roc from my local VW dealer on PCP and paid £250 deposit. I've put my Golf in p/x which was also on PCP with a small amount of negative equity on it, which will be encompassed within the PCP agreement payments for the new car. I'm happy with the cost.

The car is due for delivery in March.

Last night I discovered the VW T roc owners forum on the internet and there are 19 pages of comments by disgruntled new T roc owners complaining of there new car kangarooing in 1st gear and some also in 2nd gear especially when the engines cold. Apparently it's only on VW's new 1.5 petrol engine which I have ordered. The same is happening on the Skoda and Seat cars using the same new 1.5 VW engine.

These owners have taken there vehicles back to there respective dealers and they are unable to fix the problem. VW UK technical have got involved, sometimes they tell the owners they are not aware of any problem with the new engine, and sometimes say they are working on the problem and have been for months (they cant make there mind up which)

A couple of new owners are going to reject the new cars and others have sold them early because of the fault.

They are not happy because otherwise they really like the cars they have bought.

However some owners don't appear to have kangarooing fault.

My predicament is.....do I cancel the order and risk losing my £250 deposit, or keep it and take delivery.

If I take the chance and take delivery, and it has the kangarooing fault can I reject it immediately within 30 days without giving the garage the chance to fix it (which it seems they cant as VW UK Technical cant work out a fix)

If I reject it I can anticipate that with my luck I will end up with a big battle with the dealer and VW finance.

If they do accept the vehicle back will they return the Golf to me, what if they have sold it?

Shame really because I've bought a few VW's from this dealer before and I've always been impressed with them.

I also really like the car.

Problem is with VW they have left there reputation in tatters with the emissions scandal, that's always in the back of my mind.

£21K is a lot of money if the car turns out to be a lemon which cant be fixed!

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As you have presumably entered into this contract at the dealership, it is not subject to the distance purchasing regulations which would have allowed you to have a 14 day cooling off period after you had taken delivery of the car.

 

This means that if you want to cancel then you do stand a chance of losing your deposit. On the other hand, as you have already suggested, if a defect occurs within the first 30 days then you have an absolute right under the Consumer Rights Act to return the car and to demand a refund along with any other losses you might reasonably have incurred such as insurance penalties for early termination, et cetera et cetera.

 

In order to benefit from the short-term right to reject you would have to notify the garage preferably in writing and make it very clear that you are asserting this right.


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By the way, you can also go back to the VW forum and tell them that if they want help dealing with obstructive dealers and they should come here for free, no strings support and advice


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As you have presumably entered into this contract at the dealership, it is not subject to the distance purchasing regulations which would have allowed you to have a 14 day cooling off period after you had taken delivery of the car.

 

This means that if you want to cancel then you do stand a chance of losing your deposit. On the other hand, as you have already suggested, if a defect occurs within the first 30 days then you have an absolute right under the Consumer Rights Act to return the car and to demand a refund along with any other losses you might reasonably have incurred such as insurance penalties for early termination, et cetera et cetera.

 

In order to benefit from the short-term right to reject you would have to notify the garage preferably in writing and make it very clear that you are asserting this right.

 

By the same token with a motor vehicle they cna deduct a percentage for "use" and this could be more than the £250 so one needs to be careful.

Perhaps a better idea would be to see if the dealer is willing to transfer the deposit to another model in the same brand?

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I don't for a moment believe that the courts will accept that there has been any "use" of the vehicle which has only recently been ordered and is not due for delivery before March.

 

The deduction for use as nothing to do with depreciation. It has to do with the value which the consumer has had from the vehicle. Clearly in this case it would be zero


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Can you reject the car within the 30 days without letting them attempt a fix, or will an attempt of a fix by the dealer erode my rights?

 

I only ask this because it seems VW Technical themselves haven't worked out a fix yet.

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You are under no obligation to allow them to attempt a repair. I would say that if you did allow them to repair then you move to the six months right to reject which basically puts you into the same position – they attempt to repair, the repair fails, you are entitled to reject the vehicle.

 

The thing to do is to put it to them in writing and make sure you have a copy – that you have asserted your rights.

 

Of course bear in mind that there must be thousands of VW's which work perfectly well. You could just as well take delivery of the car and then test it out and as long as there was no defect, you carry on driving and you have the car that you prefer without any hassle. If it happens to be one of the minority – and surely it must be a minority – which develops a defect then you can fall back on your consumer rights.

 

Don't forget that the consumer rights act is not the be all and end all of everything. Just because six months expires doesn't mean that you don't have any rights. You still have the basic law of contract behind you and that means that you are entitled to have a car that perform satisfactorily for a reasonable period of time. If it starts to develop a fundamental defect in the first few years – and especially if that defect is put down to some inherent fault – then you are still in a position where you can insist on a repair and if they can't repair it or if the repair fails you can then say that they have breached the contract and you want to terminate it.

 

It's really not much more complicated than the CRA. The CRA does very little other than create rights in respect of minor defects which occur within the first six months – but it does not particularly amend or replace the existing contract law.


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Out of interest who would be responsible for a new car rejection under 30 days. Would it be the VW dealer or Volkswagen Finance (PCP deal).

Personally I would say the dealer because they are he people I have made the contract with, am I right?

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Yes.


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