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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • please stop posting up unnecessary unnamed screenshot files  you've done it throughout your threads and we have to renamed them. RENAME THE FILE before you upload if its just text information like a defence or a claim history or a link to a previous post  type it here not by an unnamed screenshot attachment  . sorry NM but you've been here dealing with PPC claims since 2021 somehow you always manage to screw up.......or do totally the opposite of std repeated advice on 10'000 of PPC threads here you are your own worst enemy... dx  
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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Tanzarelli v Cap One... £ + default **WON**


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Cap one insist they have removed it however I want to check and the only way I can do this is to send for my credit files, then if it has been removed and only then am I going to cancel my claim, so got to get this sorted fairly quick.

 

Tanz

 

Credit Reports: Get your Credit Report from Experian UK

They have a free 31 day credit report. However it is not dynamic, that means that it will show the last update (today's date for arguement's sake) so if the Crap One's ammendments go through the next day its hard to tell. Not sure what their refresh rate is and if the 30 day trial covers that. Worth a shot anyway.

 

I think the whole process is done quickly, if Crap One have sent the data through then I see no reason why it shouldn't have been ammended instantaneously. Well that is if they really did send it.

 

Any idea what it means when it turns criminal?

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Tanz,

When my O/h spoke to Experian recently, as someone had tried to steal his identity they said it is taking 4-6 weeks to update files. The long and short of it was that someone tried to open an account at the Halifax in my o/h's name and with our address, when asked mothers maiden name and DOB they got that totally got it wrong, they were asked to bring in proof of the address, someone then phoned and said they had moved to Thamesmead.... somewhere I believe south of London, never been there in my life!!, any way his address details on the Experian files is showing that we are connected to that address, he is trying to get removed and this is taking a hell of a long time.

So I would imagine with you, it will take a few weeks yet, in the meantime don't tell the courts that the case has been settled..... IMHO

Charlie is beautifull - how old is she?

Regards

DS

 

ps Also, Experian say if you send them the letter from say in your case from Cap One saying that they have removed it they will get it done quicker.

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Credit Reports: Get your Credit Report from Experian UK

They have a free 31 day credit report. However it is not dynamic, that means that it will show the last update (today's date for arguement's sake) so if the Crap One's ammendments go through the next day its hard to tell. Not sure what their refresh rate is and if the 30 day trial covers that. Worth a shot anyway.

 

I think the whole process is done quickly, if Crap One have sent the data through then I see no reason why it shouldn't have been ammended instantaneously. Well that is if they really did send it.

 

Any idea what it means when it turns criminal?

 

I was signed up to the Experian Site trial, then forgot to cancel and afer two months got another charge in my barclays account (which I have since closed) it was the only card which had visa electron on so it allowed me to do it, other than that if you dont have a card ie credit card you cant re-register.

 

I think you can then file complaints with the relevant reg bodies, poss even go to court for non-compliance. I will file a complaint to cap one who still haven't complied with mine and still owe me the £1 fee.

 

Not sure about the process for taking them to court but I would imagine it would be to get the judge to order them to comply. I wont be going down this route as they have agreed to the default removal. However I still want my £1 back from them, and am happy to just complain about them to the ICO etc.

 

This thread may shed some more light on the process for you: http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

HTH

 

Tanz

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Cheers Tanz,

I'll have a scan through that link. In the meantime I better go and do something semi-constructive with my day.

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Guest Botsy

Not sure if this is relevant now you may have had your reply but credit file requests should reach you within 7 days of you requesting it, I have done this 3 times in the last 6 months and I get them within 7 days every time.

 

When Barclaycard removed my default in January they assured me it would be removed within 48 hours as apparently they can do it straight away. It had been removed when I checked a week later.

 

I received a cheque from Crap 1 on the 7th April, but will not be cashing this until this last default is removed from my history. No doubt they will drag it out. I shall be updating the Cardiff County Court today to inform them that the claim is not settled.

 

Cheers

Botsy

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Guest Botsy

Cheers.

 

I really don't know where I woud be without this CAG website, it has changed my life and my husbands.

 

If I can get this last default removed I may be able to re-mortgage with a high street lender instead of a lender with charging high rates because we simply because of a couple of defaults.

 

Thanks again.

B

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Hi all,

 

I am posting this as a word of warning really:

 

I have still not cancelled my court action against Capital One as I trust them as much as I trust loan sharks.

 

Following my celebrations of a few weeks ago, I recieved a letter on March 26 from them stating that they had contacted the Credit Reference Agencies Equifax, Experian, and Call Credit and asked them to remove the default from my credit file. They went on to say it would take 48 hours for this to show on my crdit file.

 

I wanted to check this out so recently I sent a copy credit file request to all three CRA's and recieve the first request back yesterday from Call Credit, which had a covering letter dated April 10.

 

Gues what is still showing? Yes you guessed it, the default and lots of negative info in relation to the account.

 

I will be dealing with this accordingly, however my point is, it is vital to not withdraw court action, as I haven't, prior to recieving and checking out, what the Banks and Credit Card companies say in their offers.

 

If I had of cancelled court action I would have now not had much bargaining power.

 

Trust your gut feelings not what the Banks say they are going to do.

 

Tanz

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Absolutely agree with everything you say Tanz, having had default removed am still waiting on negative info being removed - has not happened yet but am keeping an eye on my credit file, like you I do not trust them - glad I put extra bit in my POC just for protection just in case they backtrack on what they have told me.

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Hi Tanz that is absoultely awfull that they have not yet removed that DEFAULT, send a copy of Capital Ones letter where they confirmed that the Default removal was done to Experian with a covering letter, they will deal with it for you, see if that works. It could just be that they are also snowed under.

Keep us posted,

DS

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Hi all,

 

I am posting this as a word of warning really:

 

I have still not cancelled my court action against Capital One as I trust them as much as I trust loan sharks.

 

Following my celebrations of a few weeks ago, I recieved a letter on March 26 from them stating that they had contacted the Credit Reference Agencies Equifax, Experian, and Call Credit and asked them to remove the default from my credit file. They went on to say it would take 48 hours for this to show on my crdit file.

 

I wanted to check this out so recently I sent a copy credit file request to all three CRA's and recieve the first request back yesterday from Call Credit, which had a covering letter dated April 10.

 

Gues what is still showing? Yes you guessed it, the default and lots of negative info in relation to the account.

 

I will be dealing with this accordingly, however my point is, it is vital to not withdraw court action, as I haven't, prior to recieving and checking out, what the Banks and Credit Card companies say in their offers.

 

If I had of cancelled court action I would have now not had much bargaining power.

 

Trust your gut feelings not what the Banks say they are going to do.

 

Tanz

 

I agree too, I didn't cancel my claim until I had all three credit files in my hand with no default against the Crap One account.

 

Tanz you're a good one at standing your ground! :)

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Sorry guys if it's already here, but can I claim the 8% interest and the compound interest aswell?

Thx for help :)

 

In theory yes, in practice no as this could be deemed unfair enrichment.

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Sorry guys if it's already here, but can I claim the 8% interest and the compound interest aswell?

Thx for help :)

 

No, you could as some have claim the debited interest (the interest they charge you on the unlawful charges) and then 8% stat interest.

 

Or debited interest and CI i would not then go for stat on top of that but it could be claimed in the alternative.

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excellent news- ,well done.

 

was referred here by dsilverstein. i have been settled money wise by abbey but am still being chased by moorcroft collections and also still have the default on experien. Orginal hearing was adjourned as we were negioting. of settlement- debt was retained by abbey (suposed to settle the moorcroft thing) and i was fowarded a cheque for the remaining. default was also suposed to be removed- althought i have no letter stating this. the adjourned hearing is 23rd April- next tues. Been in communication with abbey solicitor- expecting a call back today (they said- wont hold my breath) just wondered if you have any advice regarding this default removal? thanks in advance

 

my lengthy thread is here http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/22094-sarah-abbey.html#post739096

 

sarah x

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Just had Equifax's credit file back and Capital One's default has been removed.

 

Result.

 

Just Experian's left to see now also need to contact Callcredit to see if it has been removed from there yet and then I can withdraw claim.

 

Happy days.

 

One thing that is annoying is that Black Horse and Vodafone are both showing as defaults. They will be next on my hit list.

 

Tanz

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Hi Tanz, your almost there, and about time too. I have had a great result today I have a judgement against Barclays for being in breach of the Judges Orders and I got a settlement from HSBC on my GM Card.

DS

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Brilliant - hopefully they did the others too!!

 

But just make sure they do this before you let them off the hook.

 

So glad you are winning!!

Thanks liz:D

 

Hi Tanz, your almost there, and about time too. I have had a great result today I have a judgement against Barclays for being in breach of the Judges Orders and I got a settlement from HSBC on my GM Card.

DS

CONGRATS ds

Really happy for you, well deserved.:D :D

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Hi Tanz

 

Glad you got the default removed. Not sure if it was you that also had the adverse credit markers on your credit file. Cap One agreed to remove my default, which they have but I am left with a 6 and 5 on my credit file. I wrote to them on the 3rd April asking them to remove the credit markers but I havent heard a word. I have not notified the court yet but I dont know what to do know. They have refunded the charges and sent me the cheque for the balance. Do I have any other way of getting them to remove the markers?

 

Also although its not a Cap One query BOS have agreed to settle and paid the charges back from my mastercard. There is a balance left on the card of me owing £1000 which is fine but they have never mentioned the default removal. I had alreay requested judgement before they agreed to settle. So again they have settled and I have the judgement but I havent got the default removed.

 

Can anyone help with the above queries I am at a loss what to do next and I am desperate to get my new mortgage but cant with the default and credit markers on my file. Its seems as if once they settle the claim you are stuffed to get the default off!!

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Notty - I don't know whether withdrawing (opting out) from having your data processed by the CRA's would help? I did read in here that we do have a right to stop the CRA's processing data about us etc.. (can't remember where I read it though)

 

Seems the CRA's files are not the only place that loan companies look at about us etc.. so the data in the CRA files is only a small part of what they use when considering us for loans and mortgages?

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Hi Elizabeth

 

Yes that is Surlybonds thread but not sure if it would work on Cap One as they have removed the default but not the markers. It is still adverse credit which wouldnt have been there is they hadnt have put on all of the charges? I am sure Tanz has had problems with the credit markers on his file so would be interested to ask him?

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