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    • wow, thank you so much for such a comprehensive reply, the vehicle has thrown up some engine management issues, warning lights etc which have been cleared with a code reader, likely to return though.   I have been told that I could use 'Money Claims Online', what do you think? Its a new service I believe. I don't think there is such an opportunity for obfuscation and costs are limited to 4.5% of the value of the claim, I think!
    • Sorry DX my over excitement or annoyance. On this bank of Scotland credit... Taken out 2003 defaulted and sold to Cabot around 2006. Been paying them £5 a month upto July 2016. Then on advice...thanks DX...CCA to them. Normal response no information available,will be in touch again in 40 days. Out of the blue Jan 2021 reiterated balance outstanding. I explained about my CCA request back in 2016 and they could not find anything. They then advised they would investigate and to give them 16 weeks. Out of curiosity today rang them..about 15 weeks. Advised they had a an agreement for the card. As yet nothing in the post. Hope that makes more sense🙂 Will post up correspondence...if received
    • Thanks BankFodder for your help. I will just wait for mediation process to begin and then take it from there, using the advice and guidance on how to go about mediation from previous cases in this forum.
    • Hi dx I was working agency work at that time and very unreliable.   papayoo
    • And presumably it has been thoroughly checked out mechanically. You're confident that you have identified all the defects. Your situation is this: You can certainly bring a County Court claim against the dealer and on the basis of what you say, you will probably win. Under ordinary contract law, it might be considered that the breach of contract is not overly serious and you have not been deprived of substantially the whole benefit of the contract. On that basis you would more likely to be awarded a sum of damages to reflect the reduced value of the vehicle had it been correctly advertised. Under ordinary contract law, the breach would have had to be so serious that it could be said that you had been deprived of substantially the whole benefit of the contract. This is what is called in law – a fundamental breach – and this would allow you to treat the contract as terminated. This is where you find a difference between ordinary contract law – the common law of contract – and the statutory rights provided under the Consumer Rights Act. Under the Consumer Rights Act, because you have identified a defect and asserted your right to reject within 30 days, then you are entitled to reject the entire contract simply on the basis that the vehicle is not of satisfactory quality – even though you have not been deprived of the whole benefit of the contract because you are still driving the thing around. In other words, the car is not up to the standard that you would expect considering all the circumstances – and particularly in view of the price – about £26,000, even though it is generally speaking a working vehicle. This is why you are better off suing under the Consumer Rights Act because I understand that you want to reject the vehicle and you would not be prepared to accept a reduction in price – although you could negotiate this if you wanted. The complicating factor here is the value of the vehicle. If the dealer Hills Prestige of Lymington,  want to stick their heels in, then you will be obliged to bring a County Court claim against them. Where a claim is for a figure less than £10,000, the action is allocated to the small claims track. Small claims track rules concerning costs are that even if you lose your case, you won't have to bear the costs of the winner. In other words each party bears their own costs. This is done to discourage expensive litigation. It doesn't always work because large corporations don't give a fig and they will spend huge amounts of money trying to crush their customers rather than settle claims which are worth a tiny fraction of the litigation costs; all too often they are bullies. Where the claim is more than £10,000 then it gets allocated to the fast track. This means that if you lose the case then you will have to bear a substantial portion of the costs of the winning party. This can act as a real disincentive to litigate. The problem is that some companies use this as an opportunity to intimidate their customer – who is generally speaking a litigant in person – with the prospect of substantial costs in the event that the customer loses the action. This can put a lot of people off very understandably. Your chances of success here are extremely good that you need to be aware that your risk factor if you lost, you might be faced with a fairly high level of costs – which could be more than £5000. If Hills Prestige of Lymington, decide that as part of the litigation strategy they want to intimidate you, then they could litigate in a way which causes obstacles and delays and which incurs greater costs for them and they would do this simply to raise in your mind the spectre that if you were to lose, then you would be liable for a large proportion of those costs incurred. It's a nasty – who-blinks-first – style of litigation. It doesn't always happen but it can do. Conversely, if you brought this action and you wln then they would have to pay your costs. Perversely though, because (I imagine) you would be bringing the action yourselves, you would only be able to recover your costs at a litigant in person rate which is currently about £18 per hour. I say it's perverse because if you decided that you wanted to employ lawyers to represent you, they would be able to recover their costs at the professional rate. It's also perverse because even though you might decide to try and save money and incur only litigant in person costs, if you lost the action you would have to pay the dealer's costs at the professional way of their legal representatives – assuming that they used professional legal assistance. If you wanted to bring a legal action then we can help you all the way although of course it would be you who would be going to court. We would simply be advising you and helping you to draft your documents and advising you on strategy.  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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CapQuest/drydens PAP LOC - old Cap1 Card debt


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Lowell are trying the same thing blaming Covid 19 and postal services as a way to avoid their duties pursuant to section 77/78/79 of the CCA 1974.

 

The Consumer Credit Act 1974 unfortunately makes no allowances  for COVID 19 or DCAs staff being furloughed and working from home :becky:

 

 

We could do with some help from you.

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  • 1 month later...

Recieved a letter from DrydensFairfax this morning it reads....

 

This is a letter of claim sent to you in accordance with the pre-action protocol for debt claims,blah blah blah.We are instructed by our client Capquest in relation to the above debt.If you do not provide proposals to repay this debt,or respond as otherwise detailed in this letter and it's attachments,legal proceedings may be issued against you in the County Court.Blah blah blah.

The agreement this debt relates to was entered ito between you and Cap One on xx Nov 1998.

A copy of the agreement can be requested using the reply form.

 

I guess they have forgotten I am STILL waiting for a copy that I requested over a year ago 🙄

 

Still, more paper for lighting the fire :)

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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

 

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1 hour ago, Americanmuscle said:

Still, more paper for lighting the fire :)

 

no you must respond as post 2 in the above thread andy posted.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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19 minutes ago, dx100uk said:

 

no you must respond as post 2 in the above thread andy posted.

 

dx

 

I will do,  I requested a copy of the CCA over a year ago and to date have not received it

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Then I doubt they will be able to comply this time...but requesting a section 78 and complying with PAP are two very different things.....if they proceed to litigate and issue a court claim...the first point they will make is that you never responded to their letter of claim.

 

 

Andy

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 The National Consumer Service

 

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Just to confirm, on the PAP paperwork under section D where I dispute the debt I simply put...I have requested a true copy of the original CCA from Capquest. ?

Or do I need to add anything else?

 

And then under section I, I simply put the same as section D?

 

Thanks

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no you follow our guide on that thread as in what post 2 states...

 

your additional reason from your thread bit... i'e what we have stated here could read: despite repeated  requests ....has yet etc..

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 2 weeks later...

Letters posted (with proof of postage) to both Capquest & Drydens on Jan 11, letter received today from Drydens..

Thank you for your recent request for further information.Unfortunately our client has been unable to provide a copy of the Credit agreement at present.

Despite the above, the balance remains due and owing and it is imprtant that the matter is addressed.

 

It has been over 12 months since I previously requested  a copy of the CCA so I will wait a further 6 (working) days which will be the required 12 + 2 days for Capquest to respond

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Then do nothing

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you wished to have a bit of fun......

 

Thank you for your response unfortunately until such time your client is able to provide a copy of the agreement then the matter will not be addressed.

 

:becky:

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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