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    • ok thanks guys. really appreciate the reassurrance. Yeah i'll get those done today/tomorrow.   On an unrelated note. I'm sure you guys will appreciate these videos. (i'm preppeing for court 🤣   9 pigeon holes - Irving Younger   Irving Younger's 10 Commandments Of Cross Examination at UC Hastings College Of The Law
    • Sorry    Here it is one file small enough to fit within the limit. BoS CCA.pdf
    • Hi Bank Fodder  Thankyou for taking the time to reply in such detail  We always go above and beyond for all our customers and this is the first customer in over 2000 cars  that we have been unfortunately unable to keep happy  If you dont mind i would just like to clarify a few points  1: Section 75 covers you for the entire purchase amount even if you only pay a £10 deposit with the card We actively encourage every customer to use a card for there deposit for just this reason  2: We put a six month fully comprehensive warranty on nearly every car we sell which you can use at any vat registered garage so nobody needs to bring a car back 150 miles  3: The initial £150 was more than fair, we pay £180 inc vat to have a bonnet painted please feel free to contact our bodyshop GT autobody and paint solutions 07792728174 should we be required to go to small claims i can provide bank statements and invoices going back 5 years to collaborate this if necessary  4: If the car did need to come back here for any reason we have a fully insured loan car which is completely free of charge and even comes with fuel 5: When claire sent the photos we counted 14 stone chips in total she has zoomed in so they look huge when in fact they are minor and as she has admitted on here (difficult to spot in sunlight)  6: We are not in fact in breach of consumer law, in fact we are far from it, Consumer law allows for the car to be in a fair condition allowing for wear and tear relating to age and mileage, we didnt hide the stone chips we openly pointed them out so how can we be in breach?  7: Claire asked for £150 i gave her £150 8: Claire asked for a bigger contribution i offered a bigger contribution.  9: Claire changed her mind again and decided she wanted a brand new bonnet payed for exclusively by me at 3 times the price it would normally cost me without making a contribution herself, add to this the fact that her first email was blackmail at best and i kept my kool and replied respectfully as we have throughout  Im sorry but thats were we draw the line  9: I didnt post every email as there are over 30 of them 😳 10: For completeness when we spoke to the AA mediation service and asked them what they would like us to do they informed us we were under no legal obligation to do anything, there opinion was that we had already gone above and beyond what was necessary under consumer rights.  Personally at this stage we just want to refund her in full and have our car back  Sincerely  Mark  Gem Cars Ltd 
    • Hi dx #4 amended I will get this sent tomorrow if it’s ok?   any advice will be welcome 🙏    In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant  WITNESS STATEMANT OF XXXXXXXXXX    I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1    3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that the claimant was issued a CCA request asking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.   Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….     Thanks G
    • Thanks for your explanation. That makes much more sense now.    I've been doing exactly what you were saying since I realised a dispute was likely to occur. I've always been civil and impeccable in my behaviour and approach.   The company has destroyed their reputation and image through their conduct with me which has put me in a good position thus far.   I was just concerned that you didn't understand the full picture and were telling me to keep giving them more attempts because you were trying to help me solve this dispute.   I'll send that email to them tonight and update you with their response.   I've realised a long time back that small claim court is won by not just those who are in the right, but those who are reasonable, fair and calculated in their approach.   Thanks
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Was told that I would receive no early termination fee, then charged one by O2

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I received the following email from O2:




I eventually found a way to contact them, they really do not make it easy, and called to cancel my contract. I was asked by the, equally frustrated, representative if the change affected me, I said 'yes', finally got a PAC and left them, absolutely never to return.


Now I find they are charging me the early termination fee and that there is no record on my account of me telling them that the change to my contract would affect me (apparently a condition of leaving without an early termination fee).


So, where do I stand, is this statement over the phone that the change affects me, actually important, even though it does not mention it as a condition in their email?

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You need to give as much more information about the date they gave you notice of the changes, the day you finally called them.

What has happened now? Are they threatening you? Have you checked your credit file?

I'm afraid that we can't form any opinions on the scant details that you have told us

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I recieved the email 'An important update about your mobile tariff' with the no termination fee details mentioned on 24 06 2021


I called to terminate/get a PAC code on 14 07 2021


Today I noticed that there is a payment for the full amount about to be taken out of my bank account, and today an agent on instant chat told me that when I requested my PAC over the phone on 14th the agent did not note that I had said that the change would affect me, this last requirement seems pretty flimsy and wasn't mentioned in the email.


I wanted to find out if I could safely block this at my bank before payment is taken as I have no confidence in O2



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If you have got the written notification from them that you can terminate within 30 days without incurring charges then I think that is quite good enough.

I would certainly attempt to block the charge with the bank. However I can imagine the bank won't be happy with it and you will have to be very insistent and if they refuse then you should immediately tell them that you are making a complaint which you want taken to the ombudsman. Get a reference number.

Is your payment simply by direct debit or is it using a card? If the payment is being taken against a regular card number then you should be able to arrange a chargeback if there are any problems. The bank may try to say that is a contract – and you will have to say that it is not and that you have written evidence that you will not incur charges and they have breached their promise.

If the whole thing goes on and you end up losing your money then tell us here.

If you manage to block the payment then no doubt they will start getting very nasty and very heavy and we will help you there as well.

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they seem to be disregarding that and only focussing on the point that the agent, when I asked for a PAC, did not note that I had said the contract change would affect me.


thank you

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I'm sorry but I asked you a number of questions and you haven't addressed any of them.
For us to help you, you would need to give us the information we ask for

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Hi BankFodder

I answered a couple of your quentions, but now that you have confirmed that the info in the email is important I'll use that and call them tomorrow.


If they insist that I didn't confirm that the change of contract would affect me and that the email meant nothing I'll talk to my bank.


I don't want to take up anymore of your time until I get their response tomorrow

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read our customer service guide.  If you recorded your calls then you wouldn't have this problem.  You've been here since 2008

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