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    • Looking for a bit of assistance. I moved into a rented flat on 20th April 2024. I viewed it on the 14th April. Before I moved into the flat, the letting agency provided me with an offer sheet, in said offer sheet I made a number of requests and conditions related to me progressing with assuming the tenancy. These were: 1. A professional clean of the flat prior to move in date. 2. The hob, shower glass and bathroom cabinet be replaced prior to move in date. These were all planned actions by the landlord when I viewed it. I could see the boxes for the hob and other items in the flat. I prepared to move in on the 20th April but none of the work mentioned in the offer sheet had been completed. The standard of the clean was abysmal - mouldy food left in the fridge, nothing wiped down, bathroom mouldy etc. The hob, shower glass and bathroom cabinet were also not installed. I decided to not officially move into the flat as it was not in a condition as promised, my partner lives relatively close by so I lived with her initially. It was only on the 24th April that the hob, shower glass and bathroom cabinet were installed. The cleaners visited again 2 weeks after move in date (3rd April) and attempted another clean of the flat. Again, it was a poor job. I resorted to cleaning the flat myself. I have numerous pictures of the things I identified during my clean and have sent this all to the letting agency. Because of the issues faced, I asked the letting agency that the rent be reduced for the initial month. Exactly halved - to represent the 2 weeks that I was not living at the property. The landlord and letting agency have responded by saying that they will be willing to accept 1 weeks rent as a deduction but not 2. My question is, am I in a strong position to insist on the 2 weeks rent returned or have I been fortunate that they have even offered a weeks rent as a deduction? I would like to insist on the 2 weeks. I have paid the 2 weeks only as my rent collection date passed 2 days ago. Thank you for any assistance. Any further relevant details required let me know and I will provide.
    • clarks are just like the rest of 'em. couldn't careless, your advantage here is it's not legally your car, the finance co. should be bought into play . as i think BF eluded too , or has in other threads, if dealer/finance co. dont sort it between themselves FOC to you, another option is to get it fixed then bill both for it, if they refuse, then a court claim is very simple and cheap option to recoup your losses. see where it goes. just musing. dx
    • Thanks for that. Much appreciated. I would have assumed they would have had contacts to do such work as well. I think it's just the general rubbish attitude from Arnold Clark as the amount of times the General Manager of the place was rude or kept referring to "it would have to come out of my margin" to fix issues. Like it was my fault. Oh well - Won't be buying anything from them again.
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    • If you are buying a used car – you need to read this survival guide.
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      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DMP with Stepchange since 2015


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Hi All,

 

After having received some excellent help with a Parking charge Notice, I started to explore the site and realise I've been had like a kipper with my debts.

 

Long story short, my wife and I built up significant debts and in 2015 payments became unsustainable at which point after being declined for a consolidating loan with our bank (NatWest), they informally suggested contacting StepChange. We did this and have been on a DMP since October 2015 which we have paid every month since.*

 

*We've not made 2 payments in that time, both were agreed with StepChange and were so we could use the money to cover short term issues (car repairs)

 

I want to get these sorted/cleared as we'd like to move next year (or when the defaults have expired) and details of our debts are attached.

 

Defaults started in December 2015 and should be due to start falling off from the end of the year (which is why I'm trying to get on the front foot so we're in as good a position as we can be for when they do eventually disappear).

 

I haven't made any inroads into CCA's yet because I've sent SAR's to all the original lenders first, there's two reasons for this, first I want to pursue charges (as I suspect I may be able to get some of the outstanding amounts written down to the point of being gone) and second because I'm concerned about some of the default dates being incorrect.

 

For instance, the loan originally from NatWest was managed via the DMP at the same time as all the other debts (including credit cards from Natwest), the CC's have a default date of Dec 2015,  but the loan is May 2016 (I don't have the default letter, hence the SAR request).

 

Not sure if this is relevant, but there are two debts that have been cleared - a student loan with Erudio and another NatWest overdraft that was being managed by PRA. Also, the Barclaycard debt has never been defaulted (not sure why?!)

 

Any and all advice will be gratefully received!

 


PRA Group 31/05/2016 16/11/2012 Natwest loan £5,800.27
Wescot - Cabot 22/12/2015 17/08/2011 Natwest CC £1,922.63
Link Financial n/a 23/05/2013 Barclaycard £1,872.30
Wescot - Cabot 22/12/2015 12/03/2010 Natwest CC £1,487.52
Cabot Financial 22/12/2015 22/06/1998 Natwest CC £1,122.27
PRA Group 30/06/2016 17/01/2012 MBNA £1,004.50
PRA Group 31/07/2016 17/07/2006 Natwest OD £23.16

 

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god you paid erudio...you mug! had blind over a student loan you most probably never owed...

 

send everyone a CCA request (not to wescot but to the debt owner) 

 

can we have take out dates please 

 

pers i'd cancel the step change DMP now.

  • 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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Thanks for the reply dx, I know I've been a total mug, but the plan is to try and put that right 😀.

 

I think the take out dates should be there, for clarity, the headers for the table in my first post are:

 

Current debt owner; default date; start date; original debtors; remaining balance.

 

I've asked for copies of the original agreements in my SAR requests, but will send formal CCA letters.

 

Just to be clear I CCA the original debtors not the current owners?

Edited by holmer444
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SAR 's dont have to include CCA's

but those you have sent to the original creditors i will hope....?

 

what they hold is immaterial and you keep to yourself.

 

the CCA request (s) should go to the DEBT OWNER NOW...i'e the DCA's, but not wescot (use their clients name) as wetcloth do not buy debts only chase for clients.

 

if the debt owner does not hold enforceable paperwork i'e the SIGNED agreement, then you owe nothing till they comply.

 

i will guess by the forum you've used and the title of your thread you've been reading a few threads in this debt self help forum...get reading a few more and the jigsaw pieces and questions will soon be answered.

 

dx

 

  • 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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SAR's have all gone to the original creditors, I will draft CCA's and get them sent to the current debt owners.

 

I have been reading a bit, absolutely appreciate any and all guidance, but know you're busy people and don't have the time to do this for me so have tried to do as much as I can myself, now at a point where I'm fairly sure of the journey, just need a little guidance. 

 

Will keep you posted on what happens next...

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  • 1 month later...

Started to receive some SAR's back , although NatWest are proving particularly problematic, I've made two requests, one for joint products taken out by my wife and I, one for products solely in my name.

 

The response for the joint SAR has come back and only contains information relating to our mortgage and contains no details of a joint loan or joint bank account despite account numbers for both products being listed within their SAR correspondence (they literally appear on one page that details other account numbers, but there's no other information on any of them).

 

I've heard nothing on the single application and it has now been greater than 30 calendar days, should I be reporting this to ICO?

 

On another note,

I'd appreciate some help with a default issue I'm a little frustrated I've not been able to figure out for myself.

 

As per my original post I had a credit card with MBNA and the debt has been subsequently sold onto PRA. In my SAR response from MBNA, they never defaulted me on this debt before it was sold on to PRA,

 

upon receipt of the debt PRA have automatically defaulted me, can they do this?

I've never taken out a credit agreement with PRA so are they able to issue a default against me?

If not, how do I get this removed?

Is it a case of just contacting the credit reference agencies?

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it can't hurt to ring natwest and ask where the missing data is, there's usually a phone number quoted on the SAR reply cover letter.

 

as for MBNA, they would have defaulted you on or before sale to PRA. They must do this as part of sale process, else the debt buyer has no legal legs under section 87 of the CCA. you are correct that a debt buyer cannot 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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Thanks dx. Weird thing is, I don't ever recall receiving a default notice from MBNA, there's no default notice in the SAR correspondence from MBNA and there's no default registered by them on my credit file (only one from PRA). Whereas with some of the others, e.g. NatWest, there's a default registered at the date they sold the debt on (from NatWest) and then also one from Cabot Financial (who they sold the debt onto).  

 

My wife has a similar situation with a Barclaycard, according to her credit file they've never defaulted her, there's no default notice in the SAR correspondence, but this one is slightly different in so far as Link Financial (who the debt has been sold onto) have never defaulted her either (credit file shows a 'debt' that's being serviced).

 

My frustration is that I specifically requested default notices in my SAR requests as I was confused by the dates of some of them on my credit file and wanted to x-ref...

 

Hang on, scratch that, I was only checking my Experian report, having also checked my Equifax report MBNA have defaulted me, no default on either report for my wife though?!

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its not weird, it's just you've to date either not been reading up as self help as you should or are getting confused.

 

when a debt is sold it must have been defaulted - else the debt buyer is up the creek latterly ever trying to enforce it.

you can have 2 entries for the same debt, but that doesn't mean its hurting you score twice.

 

ideally what should happen is the entry concerning the original creditor simply gets re-named to the debt buyer, they 'inherit' whatever the OC has done, but it shows now under their buyers name. 

 

CRA providers want to make themselves oh so important to you, so will often leave the old entry and create a new one...wow you've got problems..go fund our mates at the various debt orgs and get scammed into paying money blindly to them....

 

as long as the registered defaulted date in the debt summary is not changed by the debt buyer then thats all you have to check, you ignore the monthly calendar section, that immaterial and only you and the debt owner can see it, it plays no part upon your score, or shouldn't.

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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