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    • My autistic son brought a van from a private seller. ( there was 5 other cars on his drive and another van, plus loads of machanic tools in his hallway,  so he probably is a unofficial dealer).  He gave the van a once over, he checked for any warning lights that might be on, there was none. He checked underneath for any rust etc, it all looked fine. The body was rough, but you'd expect that for the age of the van.  He got his brothers machanic to give it a pre mot check, as the van was old so he expected it to have a few problems. The van is a deathtrap, the seller had blacked out all the warning lights that were on the dash,  and I mean all.  He had also painted some kind of black stuff on the underside, to hide all the damage there.   My son drove it for over 2 hours to get it home. The machanic said he's surprised my son is still alive, and an untrained eye would not of seen what the seller had done.  Iv asked the seller for a refund and for him to have the van back, but he is refusing. Is there anything we can do.   
    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
    • Thank you for telling us the text of the letter you had from the police. As we don't seem to have come across this before, it would be really useful for us to see the original please. HB
    • Pasco has recalled 104,000 packs of sliced bread after rat remains were found in at least two packs.View the full article
    • UPDATE I went rooting through an old box of paperwork I have and I've found the original Default Notice. It is dated **/**/201*, however.. The copy of the Default Notice that they sent with the LBC has a completely different date on it 😮 Can they issue 2 default notices for the same debt? Where they have changed the date on the copy, they have also changed the amount owed through failed payments and how much is required to be paid by a certain date. In addition, they sent (with the 1st LBC) a copy of the termination of the agreement, which I cannot find the original. However, the termination date is 3 days after the date given on the (doctored) Default Notice, by which monies are to be paid by. So, they gave until the 'x' date to pay the arrears, then terminated the agreement 3 days later. I bet a dollar to a dime they've doctored the termination date also.
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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. 
       

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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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Managing own £24K debts after 1 year on a fee paying DMP


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PRA - thats the std twaddle they always trot out claiming it to be a CCA recon return

no sign up or tickbox anywhere...

see

PRA Letter of Claim - now Fast Track claimform - old barclaycard debt - now n244 - Financial Legal Issues - Consumer Action Group

.........................

Aqua.

last but one page is your name?

but no online tickbox either to show how it was entered into.....

like the name/address on the 1st page, could have been inserted by anyone with an old copy of what a Newday CCA looked like at that time? blank it out insert your details could be a cut n paste jobbie

 

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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It was ao finance, not Aqua, but yes, I missed that one.  Will put another version up

 aren’t they ok to give me a cut and paste job now? I thought recons were ok?

 Will have a look at that thread now

 

Cabot - CCA Response - AO flat redacted copy.pdf

New version with better redaction

 

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3 new letters this morning

 

a copy of the Cabot/ao response - a response from PRA with some docs for Lloyds loan, but saying unenforceable.

also a letter from wescots related to old PayPal credit. As far as I know, it’s been sold to Lowell, who I CCAd and have no response, but wescots letter doesn’t mention Lowell, only PayPal. 
 

how do I determine who the actual creditor is? As far as I know based on previous comms, it’s Lowell…

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wetcloths dont buy debts.

 

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

it doesn't say representing ebay......

 

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

Nope - paypal.
Although on some previous correspondence they referred to it as

Quote

Client: Lowell owned PayPal Credit account

Here's the last 2 letters stating it's to paypal.  File & ignore, I know.  Lowell never responded to my CCA - did I get this wrong and should I have CCAd Paypal? (although I feel they're a bit harder to get an address for!)

Wescot - Flatten Redact.pdf

 

And here's the letter from PRA re: Lloyds - seeming unenforcable, but providing what looks to me like an enforcable CCA?

PRA - Lloyds flatten redact.pdf

Edited by Mezzle
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After a flurry of emails today I've had a copy of the report the FOS investigator has sent back to Lloyds. 

They believe that Lloyds should uphold my complaint, refund charges and interest past a certain date, as well as remove adverse information after that date. 

Not sure of figures yet.

Reading the report makes me cringe though - the investigator has pointed out all the bits where I was financially doing bad - payday loans etc :( 

I'll see what happens re: the Lloyds Loans, but thought I'd share the news :) 
:cheer2:

Edited by dx100uk
please dont swear.
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  • 3 weeks later...

Update:

Quote

I am getting in contact as Lloyds Bank have now responded to advise that they accept my recommendations.

So, seems that Lloyds have agreed with the above re: the CC.

The Loan case with FOS is still waiting for a handler.

Also apologies dx - didn't realise I'd sworn! Will be more careful

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  • 4 weeks later...

Lowell rang me this morning, asking me what I wanted to do with the debt.

Told them I was waiting for them to respond to my section 77 CCA, they said they hadn’t had it.

They want me to send it again (with a covering note to explain they’d already taken My previous payment)

 

should I?

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:frusty:

how many times have we said dont use the phone, state writing only and put the phone down or block the numbers...:crazy:

 

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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