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    • The dealer is MK autos ltd in Milton Keynes.   We know the car was serviced by bmw once, as we called to ask but about 2 years ago.  The car was brought for £10,995 but with finance cost total will be £22,000.. Eye watering amount but again we was pushed into a corner. I needed a car my mum has terminal lung cancer and I do all the hospital appointments. We thought that we would be safe for a while at least.   Again I forgot to mention that although the car had a "service" the rear brakes went and were replaced on the 15th June 2019..   We have paid so far in total £2260 in 6 months.   I am prepared to fight this!!  
    • What is the name of the dealer please? I'm afraid that you seem to have managed to miss certain important landmarks. If a defect occurs within the first 30 days then you are entitled to a refund or a replacement at your option. Unfortunately you didn't assert this short-term right to reject and so you have lost the opportunity. After that, if a defect occurs within the first six months then you have the right to insist upon a repair and if the repair fails then you are entitled to a refund or a replacement at your option. Unfortunately you haven't taken advantage of this. The dealer has claimed that a warranty has expired. It has nothing to do with warranties and in fact warranties tend to be extremely misleading because they tend to lull you into a sense that you have no other rights. This is not true. Under the Consumer Rights Act you are entitled to have a vehicle which is of satisfactory quality – given the price, age, and other relevant factors – and that it remains in a satisfactory condition for a reasonable period of time. On the basis of what you say it seems to me that the defects are serious enough to render the vehicle not of satisfactory quality. However, you are dealing with a dealer who is clearly unhelpful. I don't know why you haven't told us who he is – but you should do. You have taken out finance and although you reached out to the finance company at an early stage, they declined to get involved. They gave you a reason and it seems that you accepted this reason even though you don't seem to understand that the finance company has no friend of yours. Your interests are in conflict with theirs. Under section 75 of the consumer credit act, the finance company is liable to exactly the same extent as the dealer is. The chances are that you may have to take one or other of them to court. You certainly need to be prepared to do so and be prepared to threaten it in the hope that someone will put their hands up – but if they don't then you will go ahead with your threat. Don't bluff. You haven't told us how much you have paid for the vehicle. Also, have you sought an independent quotation for the repair work? On the basis that the dealer is probably going to remain uncooperative then you are probably looking at several months before this is sorted out. The way to deal with it will be to be extremely assertive and aggressive and we will help you if you have the will to do it.  
    • Quick update since it's been 4 months now - they never responded to the letter I sent and the case got passed onto Zinc. They try to phone/text me probably once or twice a week, I have never responded though. Blocking the number doesn't help, seems like they have an endless supply of disposable numbers which is a bit annoying, but whatever 😑. They also send me the occasional email reminding them that I "owe" them money too. I've never received any physical letters.   That's pretty much it. For anyone who came across this post because they're in a similar situation to the one I was, there is absolutely nothing to worry about. Just ignore them. These people are powerless. They'll try to contact you endlessly and it's a tiny bit annoying, but eventually they'll bugger off. Nobody will show up at your door. Your credit score won't be affected. Their whole business is based around trying to intimidate vulnerable people into paying money that they don't owe.
    • It depends from a lot of factors: 1. Is the timing chain a serviceable item, even by visual inspection? 2. At around 50k miles i would expect the manufacturer to step in for a snapped chain. IMO they shouldn't break on an almost new engine. 3. Was the car sold as fsh? From main dealer, vat registered garage or backstreet/tesco car park mechanic? 4. Did the chain break inside the 6 months?
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George43

Intrum SD for old HBOS credit card debt ***Withdrawn***

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Than you so much, it's really reassuring.

 

so far where legal help from different agencies, insolvency practitioners and solocitors I got;

- go to CAB (that was from gov legal aid after million paperwork and call assessments if I qualify); you will definitely go bankrupt if you don't pay £9000; sign IVA with me and sell your house within a year because bankrupt will cost you at least £70000; if I don't try to set aside your statutory demand, even though i cant promise anything, you will definitely go bankrupt; pay me money first and then I will see what I can do.

 

Very strange, everybody so far, except here, were threatening me with bankruptcy, if it's not enough I have the most horrible agency threatening me

Very huge thanks 😀

 

 

 

And yes, all solicitors said, it will not be enough to set aside statutory demand at court only because DCA couldn't provide you with credit agreement, if you pay us from £700 to £2500 plus VAT upfront (quotes from different solicitors, even though most of them were advertising no win no fee) we will try to set it aside. 

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Right - Thing is these DCAs chance themselves on the purchase of these debts. Some they win, some they dont. 

Intrum have been slapped around like a fish before for certain things that they did in the past. 

 

I speak from experience - These companies prey on your stress and vulnerabilities you found that out before you came here. Dont get me wrong, you may succeed - You may not - But you are in good hands here and CAG will try to assist where we can.

Solicitors vary - I understand why you went to them. All you have to understand is that Intrum are not the same as other companies. They specialise in Debt and its all they know in reality... 

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forget the ambulance chasers they don't know and cant help you

you can do it all for free at CAG.

just follow the advice you are given

and sty away from CAB, their advice is increasingly getting more dodgy recently.

 

dx

 


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Thank you again so much.

Now researching here and everywhere how to put fill the court forms. Cos time is ticking as you said.

Intrum actually is the 5th debt collector since 2016.

Could I use that in anyway?

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On 13/05/2019 at 13:04, Andyorch said:

Think we are cross purposes...just send a CCA request today...we can complete form IAA mid week

 

Your beginning to worry me in that your not taking any notice of the advice given in this thread. :(


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Sorry, I am so stressed, not thinking straight. It's strange how confused I became due to stress. Not sleeping, not eating is affecting my ability to think.

 

 

I did send CCA request yesterday by special delivery.

Thsnk you again for all the support and advice.

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Hello, I am confused again. Do I have to fill forms 6.4 and 6.5 or  form IAA from gov.uk website?

How to apply

Download and fill in form IAA.

Make 3 copies of the completed form and either post them to the court named on your statutory demand or give them to the court in person.

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why not simply await andyorch help instead of panicking...

 

 


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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thank you trying to put everything together.

1. If i only posted cca request on monday what do i have to say in the part that they havent provided me with it yet.

 

2. Also can i use that DCA have never sent me default notice or the sum in areas or the statement how the sum was acrued

The only letter from halifax was the notice of assignment sent together with DCA letter that they own the debt now.

 

3. Could i also use that there were 4 DCAs before Inrum or it would be against me. I am still thinking why the previous 4 didnt do anything at all except threatening or discount letters?

 

In the first letter was attached the info about data protection.

It says:

following the assignment of your account, Halifax transferred your personal data to Intrum UK finance limited.

 

The data originates from when you first applied for credit and includes data collected by Halifax during the life of your account, such as address updates, payment history and default details.

 

If they claim they have all of this, why they havent posted me anything except the notice of assignmet?

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Ignore the previous dcas they were only acting as clients of hbos

Dx


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hello

anyone could advise me please, cant come up with anything else. Please. i need more arguments

 

 

The Claimant does not admit the debt is recoverable because the enforceability of the alleged debt is in dispute, the creditor’s right to demand immediate payment is also disputed at this juncture:

The Respondent alleges that the Applicant is indebted to it in the sum of ....... being the amount outstanding under a contract with Bank of Scotland plc, where the debtor failed to adhere to the contract terms and conditions. It is further alleged that the account was assigned to Intrum UK Finance Limited.

I submit that the statutory demand should be set-aside upon the following grounds:

 1) It has been raised previously that the Respondent’s use of a statutory demand is trite law and merely a scare tactic to frighten the Applicant into paying and thereby is an abuse of process. It is the Applicants contention that the use of the insolvency laws as a debt collection tool is a misuse of the insolvency Rules. 

Under the Financial Services Registrar (Financial Conduct Authority, 2019 )  1st Credit Limited (Trading/Brand Names (May include Previous Names)  is now  under name  Intrum  UK Limited, reference number 718918.

The OFT has taken action against the Respondent requiring the company to improve its debt collection practices. The Respondent was previously in breach of Insolvency rules and was investigated by OFT:

 ‘after investigation found that some of its business processes and procedures failed to meet satisfactory standards’ and therefore OFT had to impose requirements over debt collection practices of 1st Credit (OFT, 2009).

2) The Respondent has not provided the Applicant with a copy of the agreement and of any other document referred to in it, together with a statement signed by or on behalf of the creditor as stated in sections 77-79 of the Consumer Credit Act 1974 (hereinafter referred to as “the CCA 1974”) . On May 13, 2019 the Applicant made request in writing pursuant sections 77-79 of the CCA 197.  The request was posted by recorded delivery and accompanied by the statutory one pound fee (Attachements 2,3 and 4) and was delivered to the Respondenton on 14.05.2019.

In the event that the Respondent seeks to avoid its obligations by suggesting that as an assignee it has no duty to comply with sections 77-79 of the CCA 1974, section 175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon  to pass this request to the creditor. In the case of an absolute assignment, the Respondent is a creditor as defined by section 189 of the CCA 1974. If the Respondent contends that it purchased the right but not the duties of any agreement, the Respondent was reminded that section 189 of the CCA 1974 is clear that an assignment is of both rights and duties. Respondent is referred to Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August, 2012) which affirmed that the duty to comply with s78 transfers to the Respondent on assignment.

3) The Applicant refers to sections 77-79 of the CCA 1974 which precludes the Respondent to enforce the agreement of the disputed debt.

The Applicant refers the court to the judgment of Mr Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.

 27. "So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner)."

 In respect of judgment of Mr Justice Warren as set out above the applicant avers that there is a clear dispute in relation to this debt and furthermore the Respondent is aware of this.

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looks good

let andy check it mind


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please read the above post!!

 

last 2 posts removed as they are nothing to do with YOUR submission but for the claimant of the SD.

 

PLEASE wait for andyorch

there is NO RUSH to file this tomorrow!!

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Thank you,i am panicking, more i read less i understand, my brains turning into mush

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Well you are correct forms 6.4 & 6.5 are no longer and have been updated by form IAA...having never completed this new form you will have to give me chance to run through it and find the necessary Practice Directions.

 

 

 


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thank you thank you so much

i dont understand anything and i read that if forms are not filled correctly, application migh be dissmissed

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If you could scan and redact a copy of the stat demand...I need to see it to check if it has all the valid requirements.

 

 

 


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sorry it took a while with my super slow laptop

 

the demand looks exactly the same like from gov.uk websie

SD.pdf

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30 april

the demand was posted though the letter box, no date on the envelope or the statutoty demand as you coud see

 

But i recieved a letter telling that it will be served on 30th unless i rearange

 

intrum used TSL solutions one guy firm in kettering to serve it

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sorry i didnt realise that the date was in there, i have a letter saying that it will be delivered on 30th. and everywhere i read its the date when it is delivered to you.

So does it mean that the demand is incorrect?

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docx upload now PDF as word shows your details in properties

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Yes its the date it was served....so leave it with me now its been a long day and we can finalise IAA and your statement (Post #62) in the morning


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

 

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