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    • In that case I don't think you'd have any grounds for a claim against the receiver, short of anything actually criminal. The receiver was appointed by the lender so any claim you make should be aginst them. How much equity do you reckon there was when they took possession? Realistic value less outstanding balance (including arrears).  This messing around makes me wonder even more if the property was wildly over valued. Normally a lender would sell and not really care if they got the best price so long as they covered the balance plus their costs. 
    • Hey @lookinforinfo I'm not sure, I don't believe he told them he's the driver. He must have selected an option saying that he's appealing on behalf of the driver or something of the sort. In more news, however, these wannabe thugs are back at it again. Honestly, what a joke. In the letter they sent before this it said they had made "2 attempts" and in this letter they said "4 attempts", I wonder what happened to the "3rd attempt" lol.  WhatsApp Image 2024-04-18 at 14.06.07_44abc9c8.pdf
    • Hi all, I purchased a car in January from Big Motoring World Leeds. At the time of sale I was shown a tab on the salespersons computer marked 'service history' and I was able to take comfort knowing that the car had been serviced on 3 occasions as the date, mileage and company was there on screen. Being a 3 and a bit year old car that, in my mind, constituted full service history 🤷‍♂️ Anyway, collected the car a week later. Once home I settled down to through the book pack etc. Opened the service history booklet and it was completely blank. In addition there were no invoices detailing that any services had been done. I duly contacted BMW and asked them to supply me with proof of service history. They responded saying that on their 'vehicle documentation checklist' I had ticked and then signed to the fact that I had seen the service history and that I was happy with it. I dug out this checklist and what it actually states is 'seen service history online' which I had in the showroom. BMW seem to think that this satisfies their responsibility in providing service history. The reality is that I don't have any proof that the vehicle has ever been serviced! For my own peace of mind I ended up paying for a service that satisfied the manufacturers maintenance schedule to the tune of £330. I even complained to the finance company that the vehicle contravenes the Sale of Goods act 2015 as l, in effect, ot is not as described. Amazingly they weren't interested and instead I just got an email stating that it's not illegal to sell a vehicle without service history and that servicing costs were part and parcel of vehicle ownership. I've since complained to the ombudsman and am awaiting to see if they can help. I have no issue with the car but the treatment and customer service has been the worst I've ever experienced. I don't really know what to do next as I really do feel aggrieved that I've had to pay to service a car that should have already been serviced. Can anyone point me in the right direction please? 🙏
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
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Power of Attorney(misrepresentatio n)


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I recently received confirmation of a telephone conversation with Capquest DCA confirming direct debit payments.

At the beginning of the letter it was clearly marked Power of Attorney:Royal Bank of Scotland Plc.

As I have never applied for any form of power of attorney or seen a solicitor/signed any such papers then this is surely a gross misrepresentation. Who would I seek redress from? Would I be right in thinking I needed to advise the Information Commissioner as data Capquest has is clearly wrong. Do I just complain directly to Capquest?

Is this a normal scaremongering technique they use. Today I also received a letter threatening court action as I had not honoured this months dd payment (cancelled due to disputing the account and a cca has been sent to them), and they had added £150 extra in "solicitors" fees. They have their own in house litigation team. Would I be within my rights to report them due to these techniques. Who is responsible for governance of the credit licence.

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A power of attorney is usually commenced at the request of the individual who is likely to become incapacitated and unable to deal with their financial affairs. Eg. A person with a deteriorating condition such as dementia type illness.

The POA then controls all affairs and this requires a signature and application. Even if RBOS were holding POA I would have known something about it.

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I know what a power of attorney is just not in the context of your case. POA can also be done prior to incapacitation, POA with court of Protection is when they are unable to run their financial affairs.

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Agreed but what I was suggesting was the the DCA were acting as attorneys for RBOS although I will have a quick look further into this one.

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  • 1 month later...

I requested a copy of the CCA. They have been unable to provide this and within my letter I asked for clarification regarding the power of attorney they have ignored this point.

They advise me that they are referring the account back to the RBS.

How do I proceed now? Should I demand the payments back which I have already made to them.

Who do I report them to for processing my data without the agreement and holding false information about me relating to the power of attorney.

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Guest willowb

Have you been reading the threads in the 'general debt' section of the forum? If not then you should as there are lots of CCA request claims in there (2 are mine). You need to start a thread up in there but give more details, i.e., when you sent the CCA etc.

 

Wxxx

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