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    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
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Lowell's OH Vanquis card - PAPLOC now claim form.***Claim Discontinued***


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why a defeat?

 

 

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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  • dx100uk changed the title to Lowell's OH Vanquis card - PAPLOC

doesn't mean they ARE going to instruct their sols to issue a claim though northants bulk.

they might drop the ball and miss the SB date of october.

 

pers i'd let this run.

 

 

 

 

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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:crazy:

you dont send any defence following a CCA request return...enforceable or not...

don't play your cards...

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

  • 3 weeks later...

Why have you not SARd Vanquis. If you want to offer a F&F then l would have the full info in front of me. Then go from there. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 months later...

open

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Hi caggers, had the attached letters from Overdales/Lowell's today for the OH.

 

Are Overdales a DCA as Lowell's suggests or solicitors?

 

Depending on what they are I think will decide my next move, which my gut feeling is let it go to court.

 

I'm pretty sure Lowell's would have taken the OH there by now if they really had something.

 

Thanks PM

Lowells and Overdales.pdf

Edited by dx100uk
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Doesn't say will anything

Overdales are simply the new name for lowell solicitors.

 

 

 

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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Share on other sites

  • 3 weeks later...

Hi Caggers,

 

the OH got a Letter of Claim from Overdales a couple of days ago. 

 

I've attached it to view, it asks that she completes paperwork that she filled out when it was with Lowell's solicitors. 

 

The letter says on one hand they will issue a CC claim then the next sentence is if legal proceedings are issued. 

 

I suppose my question is do I get the OH to just fill out the paperwork again and send it off in line with the previous advice I've been given for her or just ignore them? 

 

Thanks PM

Overdales Letter of Claim.pdf

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On 29/10/2020 at 22:05, penmarine said:

OH got a vanquis card, defaulted and made a last payment in July 2015.

Is this true?

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

i believe the DN was issued several months? (october was it?) after the last payment so lowells will claim otherwise, but if you read the lowell vanquis threads here in the legal section they usually give in.

 

whens the 30days up?

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... 

Link to post
Share on other sites

Send them our sb letter 4th

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

5th is a Sunday as Kids due back on Monday 6th. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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immaterial really

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

Hello

 

I had success against Lowell/Vanquis.

 

I strongly advise you get a SAR to Vanquis so you can get a copy or evidence of the date of the Default Notice, unless you have already got it on file.

 

This might take up to 30 days so do it now, just in case the case starts to progress.

 

You might get a phone call from Vanquis asking why you want your data.  I did.  I think the lady concerned was somewhat inexperienced so was unsure how to handle a SAR so I was very polite and explained that I had a legal right to the data but that what I really wanted was a copy of the Default Notice.  (I already had one but I wanted belt and braces!).   They sent one by return of post.  If this happens to you then you can decide whether to insist on your legal right to the full data dump which might take time or would be satisfied with a copy of the DN.

 

Knowing the exact date of the DN would allow you to identify the exact Stat  Bar date and could save you a world of pain.

 

Lowells subsequently gave me cock and bull as to why the account was not Stat Barred and once you have the date and it passes you can safely ignore their protestations.

 

By the way after I got past the stat bar date I also hounded them to clear my credit record which they had re-defaulted way back when ..... so check that as well, though it is of secondary importance to getting to the stat bar date.

 

Good luck.

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I was under the impression the SB date is from the last payment rather than the default notice date.

 

I'll have a read up as it's technically SB now and dx has recommended sending the SB letter at the start of September which I'm planning on doing for the OH.

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I thought it was the date of last payment or when you last acknowledged the debt. 

 

Still get the SAR off and go from there. Make sure you have in writing the exact date of deafault notice 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Why are covering old ground?

We have the dn .

And there was a court of appeal ruling in 2015 which ratified dn+14 days is sb date. However the if oc took months or years to register one thats another matter that has caused lowell to discontinue or lost numerous cases.

 

let it run till about the 3/4th sept then send our sb letter. But they've already sent one paploc and had a reply anyway.so this new one is just to hope you'd moved and don't respond, then they'll go for a backdoor CCJ

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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Dx thanks SB letter prepped, last payment July 2015, DN dated October 2015 so definitely months to register. PM

Edited by dx100uk
unnecessary previous post quote removed
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