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    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
    • Hi everyone,  There were many topics on this issue in the past. May I please have an update if anyone managed to buy or sell the house with the leasehold air space on it? would the bank lend the mortgage?  If I was not informed about the complications when selling the house. instead, they told me that this would add value to the house and sell faster which is the opposite. Can I file the case and dispute it for mis-sold and misrepresentation?  I am in the year 9th and I was not aware of the issue until I wanted to sell my house. There has been no communication since I signed the contract. The company has never contacted or updated me on how much energy the panels generated how much I used etc.    This is a free panel from the government schemes, run by  Freetricity.   Thank you   
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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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Eggie V Capital One CC


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Ok Prelim and copy of charges sent to Cap 1.. ive decided to go down the 8% route with cap 1, because ive an IVA it comes in under £500 which means i keep it.. With contractual it way over the £500 which means its classed as a windfall and if my experience with Halifax bank account is anything to go by.. i wouldnt get any cash in hand..

 

Sent it yesterday.. 14 days and counting woot woot

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HI,

 

I have just phoned Capital One and requested statements from March 2001 through to when I closed the account, some three years later. The nice man said they should be with me within 21 days and there was no charge

 

I thought while I was in the phone I might as well get my hubby to request the same, same reply 21 days and both accounts have already been closed.

 

I will let you know when I receive them.

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Well done Julied 1

 

Can you start your own thread so that we can keep an eye on your progress?

 

Ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Well i am very suprised now... today we recieved my wifes Cap 1 statements and we never even got round to requesting them!! After a quick calculation i think another prelim will be going in :eek::D:eek:

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Hmmm i think its a ploy... If cap 1 cough up my £450 incl the 8% then thats fine, as previously mentioned to you doo, the IVA 'we' have means anything more than 500 gets handed over andything less is mine to keep.. T's charges total £330 without calculatng interest..

 

Question... Have they deliberatley sent me the statements without being requested to put my claim over the £500? and therefore, although i will still benefit as my debts will come off the IVA, it means i hand it all over.

 

Hmm im a really suspicious person.. but if i calculate it as a seperate claim.. which it would be and it would come in under £500 without cci and if i think it will be given to IVA IP then i may as well go for CCI...

 

Hmmm decisions decision decisions... interesting situation huh

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Fully see where you are coming from, however I did read on a cap one thread of someone that sent off for his statements and they sent his brothers as well, can't think who it was now. Like you though I am a suspicious person when it comes to financial institutions.

 

Don't really know about IVA - perhaps you could check this out. I suppose you could do a spready out of interest to see what CCI would bring you, it may pay a nice lump off for you, but then again if you need the cash let the buggers wait.

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I always need cash doo... And the IVA is set anyway so I WANT MY MONEY BACK... :D

 

done calculations but at 8% 20 quid less than mine Prelim written and charges enclosed, willl be posted first thing in the morning... im gonna be late for work haha coz going to the post office in the vilage is more important lol

 

Plus coz i live in a village the post lady will say... you again with the banks steve.... lmao :D

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im in my third year now out of 5 years.. im in the process of remortgaging to pay it off as they said to me last june they will take an offer of 25k..

 

Chelsea BS have offered me a mortgage which will cover it all and i just have to wait for the IVA to accept what they said they would take as an offer..

 

Chelsea have offerred me a mortgage at 6.25% which isnt bad when i have credit problems. Most lenders offer a much higher rate.

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Hopefully within the month, the IVA bods have a tendancy not to rush to get offers to the table for the creditors, last attempt in June 06 fell though because of this.

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  • 2 weeks later...

Got a letter today from Cap one, usual rubbish 'it will take a while to look at your situation'.. LMAO.. they should know there on a flamin countdown lmao

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They make me laugh, everytime I get a letter it takes about 10 days from date of letter to reach me. Your next letter will be the one offering you the difference between £20 old charge and £12 new charge. Just writing back again to refuse offer, meanwhile they have agreed to remove my default, am just waiting for it to show on credit file then its off to court.

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LBA written tonight for posting tomorrow on my Cap One account... And on friday i will do the same for my wifes account... (we got statements seperately and almost a week apart)

 

For the pittence of £500 on each you would think they would just pay up rather than go through the hassle of paying extras by having to pay court costs... And these people are supposed to be inteligent lmao

 

Oh well :D

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Retrieved my LBA to avoid to many letters, wife got a letter saying they had refunded some of her claim, yet i had a letter saying they were looking into mine.. Wrote one letter and posted it today on behalf of both accounts and refused their offer...

 

gave them 14 days to cough up on both accounts otherwise i will continue to MCOL next.

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  • 1 month later...

Update.... been a bit of petty bickering between Cap One and myself since LBA, there happy to refund to my account that went to IVA but not happy to send a cheque to the IVA people coz they dont see thats fair lmao... out of principle on the phone i said to them pay the charges to me or IVA or else... they said... 'take us to court'.. pity financially i havent been able to do that... until today.. so MCOL filed, IVA addressed as the ones to be paid... and sent all letters to IVA supervisor who have taken the matter up with Cap One for attempting to maintain 'my' windfall fromt hemselves which is in direct conflict witht he IVA which they signed up to!! Oh dear, i dropped em in the poo!!

 

28 days from today we shall see if payment is made...

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  • 4 weeks later...

MCOL filed on 23rd May, Acknowledged on 1st June. Now 22nd June still no defence filed, there 28 days from acknowledgment will be up soon... and still no news, have spoken to IVA and they havent heard anything either.. On a different note.. Halifax credit crads x 3 accounts, got a written warning from IVA for doing the same as Cap One are trying and they coughed up to them, which added the money to 'my estate' thay call it.

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