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    • In terms of whether or not this is a private sale, clearly it will be for a judge to decide. It seems to me that we have somebody here who bred a litter of puppies and has sold several of them or all of them at probably around £1200 each. I think that is very different from selling your own private second-hand car to get what you can for it in order, for instance, to buy another one. Anyway it's for the judge to decide. In terms of whether or not the seller is aware of the defects – if they are a private seller – all it really means is that they are not subject to sale of goods legislation so that a purchaser in a private sale does not have specific protections. After that you have to fall back onto the common law of contract and once again I think that the liabilities are reasonably strict and I still think that even in a private sale if you bought something with defects which was represented to you as being without defects then you would probably have a good case. In this case, the dog has been accompanied by a health certificate and I think that is as good as any kind of representation dog is without defects. I think we are coming to an altogether more interesting issue. Apparently the dental defect with this puppy is observable and could have been detected by any reasonably careful examination carried out by a reasonable professional. But apparently also there is the possibility that there may be a more complicated problem which could be addressed by work costing up to £2000. What I'd like to know is whether this more complicated problem is as a result of the failure to spot the initial problem. Even if the initial problem had been spotted, with this still be a possibility that this more complicated work would be necessary? I suppose what I'm getting to his that at what point does one decide that a defect is an unacceptable defect or simply a risk that comes with purchasing all animals and therefore could still be considered as "satisfactory" because it would meet the reasonable expectations of any reasonable pet owner. To put it bluntly: are we saying here that if you buy an animal is less than genetically perfect, that you are purchasing defective goods and you are entitled to a refund? Does this mean that all animal traders are obliged to ensure that all the animals they sell are genetically perfect? This is dangerous territory: eugenics.  
    • a dn can be issued even on one default payment.
    • I think I still remain to be convinced that a court would not find the seller's offer to take the puppy back and give the OP a full refund both reasonable and acceptable.   Ignoring that this is the sale of a puppy, isn't this more akin to the private sale of a second-hand car?   I don't really know what the phrase:  "I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business" means.  Is this a business to consumer sale, or is it simply the opportunistic private sale of puppies from a domestic litter?  I think the OP needs to establish this because it's not clear to me - yet.   AIUI, if I as a private individual privately sold, say,  a car with umpteen non-apparent faults or defects with it, but I was honestly unaware of them and could not be expected to be aware of them, then I'm not liable for any breach of contract when those faults and defects manifest themselves to the buyer a week later.  Isn't that what worried private sellers of cars are told here when aggrieved purchasers threaten to sue them?  It's not immediately obvious to me why this is necessarily any different - unless this is clearly a business to consumer sale.   The OP also says:  "Our puppy was sold as having passed a full health check from Vets4Pets", and so far as I can see this isn't disputed.  Unless that health check revealed the dental problem the OP is now complaining about, but the OP never was shown it (seems unlikely that the seller would mention it but not make the results available), then I think the seller may well be entitled to rely on it.  What more could they do to ascertain the health of the puppy?   I think this is not necessarily a clear-cut claim, and from the way the OP describes the breeder I think the question whether this is a consumer sale or a private sale may not have a black or white answer.     1.  The OP mentions following advice to buy puppies bred from a "home pet" (or similar such wording).  Not clear if this was the case here, but if it was, doesn't this suggest a private rather than consumer or trade sale?   2.  The OP also suggests that the health of the puppy was misrepresented, but is this necessarily correct?  They say the puppy was advertised as having had a "full health check", but that's not the same as saying the puppy was actually healthy.  And if it was a private sale, is the seller required to declare health problems they are aware of if they aren't specifically asked?
    • Ok,    I thought it may of helped as their DN stated 2 installments in arrears when it was issued on 10/2/17, but it would infact only have been 1 installment overdue 17/01/17.   I will keep to what I already know and stop over thinking further issues. 😁    
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ads_uk

Tesco Bank - Credit Card Late & Over Limit Charges

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Hi all, hope everyone is ok?

After some advice/assistance in regards to a Tesco Bank Credit Card & the Late Payment and Over Limit charges.


Trying to help someone out who wants to get rid of the card all together, as they have refused to assist with delaying payments for the past 3mths as she has been over the credit limit.
The Current Balance is £320.30 with a Credit Limit of £250.00

 

Statements that she has available show the following fees applied:

19/07/2018 to 20/07/2019:

02 x Late Payment @ £12 
12 x Over Limit @ £12 


21/07/2019 to 19/06/2020
03 x Late Payment @ £12 
10 x Over Limit @ £12 
 

Total fees paid: £324.00

Can you tell me if it's still possible to reclaim these fee's / penalties - I did have a template letter link booked marked but this no longer opens.

Thanks in advance.

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so the bal is all charges..wow.

totally unenforceable, but ofcourse she wouldn't see the money

they'll just remove it from the balance

 

is the card defaulted on her file?

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Nope.

She's missed the last two months payments and potentially will miss the next, as she has priority bills to pay with her small income.

 

Her statements show that she had been making payments between £30-120 to get it below the credit limit.

But then the purchases bring her close to limit  (Only uses it for fuel purchase and parking) & then the interest throws her over limit.

 

She just wants the account closed, and I thought yeah refunds.

 

Can you advise best way to go about it, such as the link to template?

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well regardless ......the balance is all charges so..

not sure where the template has gone.

 

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi Ads,

 

Do you know how far back your person has statements for.

 

If they've incurred late or missed payment fees before Covid19, do they have statements so you could accurately list all penalty/admin fees paid in the last 6 years.

 

If they're going to challenge the balance, they may as well include all charges incurred in the last 6 years.


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Thanks !:-)

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Tey have only upto Dec 2018 and an annual statement summary that was July 2018 to July 2019.

According to her credit file the account was opened July 2016 & no late payment / over limit markers show up until July 18.

 

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Ok, it sounds like you're saying there were no penalty/admin chages before July 2018.

 

If that's the case, we can help her reclaim the penalty/admin fees charged by Tesco bank which should reduce the balance or get her a refund, depending on the figures.

 

Do you (or YF) want to go ahead with reclaiming the charges.

 

 


We could do with some help from you

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I've told her to.

As this will help her clear and close the card.

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Ok, first job is to list each and every late fee, over-limit fee, etc on to a spreadsheet.

 

Being honest, I'm not sure where the Site Spreadsheets are right now. In the past, we've advised reclaiming the charges plus compound interest but, in your case here, I suggest YF challenges the charges to get them withdrawn.

 

Let us know when the charges have been listed, showing date, type of fee, amounts and total.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks DX.

 

Ads-uk - I suggest you use the 1st sheet which works out 8% Statutory Int on each charge.

 

This should be sent to the bank with an appropriate Reclaim letter in due course.


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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Is there any specific letter or just send something requesting the refund

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attach your spreadsheet here 1st


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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As requested.
Total Fees/Charges: £324.00
8% Interest: £23.42
Combined Total: £347.42

Current Balance (Statement dated 20/06/2020) £320.30
 

StatIntSheet v101 (1).xls

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Thanks Ads,

 

I'm looking to find the Reclaim Letters we've used in the past, or their current equivalents.

 

You need them to write to the bank demanding that they withdraw the penalty/admin fees.

 

Bear with us while I do some searching .........


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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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11 hours ago, slick132 said:

Thanks Ads,

 

I'm looking to find the Reclaim Letters we've used in the past, or their current equivalents.

 

You need them to write to the bank demanding that they withdraw the penalty/admin fees.

 

Bear with us while I do some searching .........

Thanks - that's something I struggled to find myself.

I have an PPI and ROP (Vanquis) but not for charges

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We're still working on this behind the scenes so hang on in there ...............

 

😎


We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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30 min call just had on behalf of friend with Tesco to verify my details to act on her behalf.


They have refused to give me an email address to contact, when I said I will use the Resolve portal, the CS agent put me on hold, to comeback and said everything must be in writing and will only be accepted as a Letter!


Went on to say, a payment freeze of 3mths can be put on the account and he could refund the last two months charges - tried and couldn't (as the account is in arrears)


He then said his manager has said as a gesture of good will his manager has said they will refund one month - would I like that to be applied to the account.


I asked if that would be full and final of the complaint I wish to make, he said he is unsure and his manager is now on lunch - refused this.

They will not pass out the complaints department details.

they will if you want to make a complaint register this on your behalf, and only then will the complaints team call - "they do not respond in writing".

This I can see is going to be a joke when I eventually do send them a letter. (prob. via Resolve)

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dont use resolver its useless

 

stick to the tried and test methods that give you a legally traceable papertrail.

 

i'm not sure where you ever got the idea that ringing them anyway would ever provide a resolution..

 

send everything in his name.

you don't need to be his appointed representative.

they have no idea he is not instigating this as long as he signs things.

 

 

  • Like 1

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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This was the best bit.. they called me, as she gave them my details to act on her behalf.

They rang to ask me different questions.

I only confirmed my Name, they wanted address, phone number, email if I was employed.

 

 

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Hi Ads,

 

We haven't forgotten you and we're working on getting you the letter to send to the bank to reclaim the charges properly, and in writing.

 

Please wait for this and don't involve Resolver as they're unlikely to get the result YF deserves.

  • Like 1

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Quick question.

As the account is over its limit and in arrears should Tesco be refusing a freeze on the account?

They have just rang my friend and she's panicking.
They've stated she will continue to accrue charges and fees & warrant debt collection & that the terms of the Covid freeze will not allow them to apply a freeze as it would put the account further into arrears?

Surely they should be allowing a freeze on the account under the CONC 7.3?

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https://www.tescobank.com/customer-forms/payment-break/credit-card

 

If you've missed more than one monthly payment already, please get in touch now on 0345 671 0677 so we can discuss how best to support you.


We could do with some help from you.

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2 minutes ago, Andyorch said:

https://www.tescobank.com/customer-forms/payment-break/credit-card

 

If you've missed more than one monthly payment already, please get in touch now on 0345 671 0677 so we can discuss how best to support you.


I understand the COVID 19, part - and it was them that contacted her and told her she does not qualify for any payment freeze.

Does this mean that the COVID-19 regulation/guidelines now override the FCA's Conc 7.3 advice on forbearance?

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No not at all...but she does not qualify for a freeze under the Covid 19 payment holiday arrangments.

 

https://www.handbook.fca.org.uk/handbook/CONC/7/3.html


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 thread please PM me a link to your thread

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