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    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
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Arrow Global Vanquis


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Hi DX

 

Its never been defaulted

 

I looked through the log of contacts they sent me and there’s nothing there saying so either -  nor any letters in the letters they’ve sent.

 

Vanquis removed it from my credit file last year too. Odd ?

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well if arrows ever wanted to chance a speculative court claim.

they'll come very unstuck without a compliant section 87 default notice :bounce:

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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Hi DX 

 

So do I just leave this now? 
 

There’s certainly letters missing, I had one from Vanquis about the debt sale in certain. But it’s not in the files.

 

thanks for your assistance so far appreciated 

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well until/unless arrows reply to your CCA request..

as for the NOA 

the buyer can quite legally send that on the OC's behalf on their letterhead too.

but the debt sale will be noted in the sar as legally it must be.

 

 

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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what vanquis hold is immaterial keep that to your self.

 

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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  • 6 months later...

open

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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a debt buyer can't issued a default notice/terminate an agreement under the CCA

ignore them

 

On 21/07/2020 at 18:30, dx100uk said:

well if arrows ever wanted to chance a speculative court claim.

they'll come very unstuck without a compliant section 87 default notice :bounce:

 

so no CCA return

no default notice issued by the OC.

 

good luck with this lemon debt arrows

 

until or unless they send a letter of claim or a CCa return you can ignore them.

 

 

 

  • Like 1

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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  • 3 weeks later...

Hi DX, 

 

Is it worth me contacting Vanquis to default

the account further back?

 

Wouldn’t Arrows become the creditor when assigned and are able to put a default on my credit report from now?


Or if they do can I get that removed?

 

Seems unfair when they’ve yet to respond to my own CCA request they are now taking action. 

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now go re read my last post...

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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I DX I don’t want to appear dim.

 

You’ve stated to ignore them until anything more or a CCA return. I understand that I do.

 

But reading through posts it seems Arrows regularly apply defaults even if incorrect.

 

I just do not want a default on my report in 2021 for another 6 years after for a debt that’s been in issue for almost 3-4 years. 

 

 

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a debt buyer cannot register a default nor issue a default notice.

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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  • 2 weeks later...

Thanks DX, that puts my mind at ease a little.

 

Do I have any recourse if they do slap a default on my file next month? 

 

Having read a few threads about Arrows they seem to be horrific to deal with and likely to do so -there's other threads where Vanquis have sold debts on without defaulting but they've not been updated that I can see.

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Sorry Adam for not getting back to you earlier.

 

I am afraid DX is wrong in this.

 

If you are on a DMP, the new owner can, of course record missed payments and defaults on our credit file.

 

It is also true that a debt purchaser, who has undertaken an assignment of the debt from the original creditor can issue a section 87 default notice, and proceed to court action. the latter is not something DCAs do often, but they certainly can.

 

I suspect what DX means is they cannot issue two DN 87s. Which is true, but they can still enforce off the old one if it has not been remedied.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks I understand now. 

 

So there's nothing reported currently, ever since assignment in 2019, in fact the OC removed it a few months before too.

 

Whats my best option to avoid the default? I can't afford paying it all at once, but being a recent (2014) a CCA is likely to be found. 

 

Should I contact Arrow to see if we can set up the plan again? I uploaded the DN they sent me a few posts above if it helps. My CCA is almost 300 days without being replied too bar a confirmation but don't think that matters in the current situation. 

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no.

 

await if/when you get a letter of claim.

 

when did you enter into the low repayment to vanquis and they ceased interest?

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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Hi DX 

 

My concern here is all my defaults on my file drop next year. If they slap one on a CRA it’s stuck for another 6 years from now.

 

I believe they ceased interest in Feb/Mar 2016 and the agreement started then.
 

£9-10 a month, until they sold it in June/July 2019. That’s a long time

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the upload you have made is a termination notice not a default notice.

 

 

 

 

 

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

up the garden path or down a rabbit hole be you falling.

 

a D or reporting a default to a credit reference agency in the monthly status calendar section of your credit file can only be seen by you and the debt owner, it is not a registered defaulted date and cannot be seen by anyone if they do a 'credit search'.

 

only the original creditor can issue a default notice under section 87 of the CCA which results in a recorded defaulted date showing in the summary line status on your credit file.

 

with regard the letter you got from arrows.

it's a termination notice and is total BS.

 

they are a debt buyer and a debt collection agency so saying what they will do is immaterial

they may instruct a dca to chase you...big deal so what..powerless muppets. their other trading name NCO is already on the case.

report a d to your file ...big deal no-one can see it.

 

they are not a creditor so cannot issue a default notice which results in a defaulted date being placed against the A/C.

 

sadly some people use a sledge hammer to crack a nut spouting all manner of twaddle to prove they have far superior knowledge about these things than a dca when there is never a need to go down that rabbit hole.

 

 

 

 

 

 

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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Hey Dx

 

Thanks for that I think thats key - if they did and no-one else can see it say if I applied for a new card, or a mortgage that's great. They are void of my CCA request nearly a year later so from what you've said I'm happy to just wait it out now.

 

My main worry was they'll turn around slap a D on my file, and any checks would show a new default in March 2021. I don't think that contradicts what @Peterbard said above either because at the moment there is nothing on any report. 

😀

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entering a D is not a registered defaulted date via a default notice.

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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Yes addam and you are right too worry.

Firstly you have to appteciate that what is on your credit file has absolutely nothing to do with the requirements oftbe consumer credit act to send a default notice u der section .87 whether one of these has been issued or not has nothing to do with what it says on your file.

Secondly and not wishing to upset anyone specifically. Whilst the form of the report issued to an inquiring creditor is different to what you see on your credit file. It does contain ALL the information that you see. I can tell you this first hand.


sadly the DCACan and often do register a D on your file. If you enter into an agteed plan with the creditor then no default is recorded. However if, down the road you miss a payment  they can. On one missed payment if you had two or more missed payments previously. Or three if you had no previous missed payments. 
 

This is why they tend not to default immediately.. it is a disgrace. You can fight it as being unfair. But really the law needs to be changed.

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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