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    • Just to confirm.  You have sent the snotty letter, haven't you?
    • OK, back again.  So.   4.  We don't know.  It is up to VCS to prove the do have PP.  And as in just about every VCS case they show total contempt for the legal procedure and never obtain PP we can hazard a guess as to which it is.  This is a breach of their Code of Practise which they sign up to where they state they obtain all legal permissions.  No planning permission is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007 and means a contract cannot have been formed with them.  To give the extreme example which is usually quoted.  Someone promises a hitman a large sum of money for carrying out a murder.  The hitman does so but is never paid.  The hitman cannot sue for the money as murder is a criminal offence.  That is an extreme example but the point stands.  If you want to be sure, contact the local council and find out if VCS have PP.  They won't.   5.  Should you really owe this money. VCS are entitled to sue you for £100 plus their costs.  But they are suing you for £160 plus their costs.  Where has the extra £60 come from?  They've just made it up.  We've seen cases where VCS actually won at court, but the judges invariably disallowed this extra £60.  Some judges have been so annoyed with VCS's antics that they have chucked out the whole case on the basis of the made-up £60 alone.   As well as the airport threads HB advises, have a read of EL21's excellent Witness Statement at, I think, post 120 in  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip-claim-dismissed/page/5/#comments  Don't worry, you don't have to write a document like EL21's!  Although EL21 was in a retail park, not near an airport, a lot of the legal arguments are the same.  
    • Hello,     I need some advice / help regarding a dispute I have with Sofology. Not another one I hear you cry!     We bought a sofa from Sofology after seeing one in their showroom and falling in love with it. The sofa is less than 4 months old. We complained about the quality of the sofa:     excessive wrinkling of leather insufficient padding improperly installed - the legs under the two seater part (it's a corner sofa) hover above the floor and do not make direct contact.     They sent a technician round who met with my partner who was mentally unwell at the time. Shortly after she was admitted to a mental health hospital for treatment but is safely back at home now. She was dealing with Sofology, but I have taken over as she is currently not able to cope with this and many other day to day tasks.     Some photos below:   Sofology closed the case after their visit stating their technician found nothing wrong with the sofa. I wrote to Sofology asking them to reopen the case and provided various photographs. An extract from my email:     I am not content with the response from your technician. The sofa was delivered in July this year. It is less than 4 months old. I understand leather is a natural material and stretches over time but, the stretching the sofa has suffered is excessive given it’s age. Our sofa is not as firm as the one we saw in your Cambridge showroom and the condition of the leather (it’s tightness) is also worse, despite presumably many people sitting on the showroom sofa to test it. I would go so far as to suggest ours is made to lesser standards, with looser fitting leather and less/softer padding. It is worth noting that these issues are localised to the two seater segment of the corner sofa. The corner section and single seater return are not affected in this way. This demonstrates that the problems are not prevalent across the entire sofa, and that the manufacture of the two seater section is of a lesser standard. I trust the information above is enough for you to reopen the case and send another technician for a second opinion?     Their response to this appeared to by some standard wording about this is normal; you need to sit on different seats and rotate the seat cushions blah blah.     If they had bothered to look at my case in detail, they would have seen the cushions are fixed. I've just written back to Sofology with a stronger tone informing them they have not adequately addressed my concerns. That the sofa they have supplied is of unsatisfactory quality. It is of lesser quality than the sample sofa we viewed in their Cambridge Showroom. That they must re-open the case and that these issues remain raised within 6 months of receiving the goods.     I feel like this is just the beginning of a long uphill battle. Any advice would be greatly appreciated.     With best wishes,      
    • Hello Kyosanto   Yes - Not planning on speaking to them ever again!! From now on, everything will be in writing as you and dx have advised. I have indeed sent a SAR to Moneybarn.   I terms of the car - I jumped in with 2 legs and and at the time I was able to afford the car. I would like to keep it, continue on making payments and clear arrears.    Thanks for your assistance. 
    • Thanks for answering my post - much appreciated   dx -  I have sent a SAR to Moneybarn.   The letter I got was from DWF Law LLP stating they represent Moneybarn.   The agreement is 60 months. First payment was made in June 2020. To date I have made 12 payments between June 2020 to Oct 2021. (Sorry I am dyslexic and my maths isn't good enough to calculate 1/3☹️   Noted - I will not communicate with Moneybarn / dwf verbally.    Apart from the SAR, shouldn't I be applying for a Time Order?   Regards LH2021            
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Placing account in dispute?


Andy-t
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Hi,

 

I've read a few posts on here where people are talking about placing the balance on the account in dispute where by the bank can not apply any further charges to the account until the issue is resolved.

 

Is there any legal standing for this? Where in the process can you place an account into dispute, is this only after legal proceedings have commenced?

 

At the moment, I am a month in arrears on a loan payment and im finding it very difficult to make an additional payment due to the volume of charges coming out of my account due to the arrears. Over the last 3 months, I've paid over £600 in charges due to missing a payment of around £250!

 

If anyone knows how I can get out of this (rather expensive) circle I'd be eternally grateful to hear!

 

Cheers

 

Andy

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Hi Andy,

 

I don't think disputing your account will stop them from adding charges - it didn't with us. Section 13.6 of the Banking Code says that they will not pass on information to credit reference agencies if the account is in dispute.

 

The best thing you can do to get out of the loophole (if you can't get a lump sum to bring the balance up to day - which is going to be very unlikely for some) is to reclaim your charges. You could try talking to them and seeing if they be willing to cancel charges due to come out, in the hope that you can catch up with your payments. It may be very unlikely that they wil do this but you won't lose anything by trying.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Thanks Lucid..

 

Though it wasn't the answer I wanted to hear :mad: It's REALLY frustrating.. I could pay the arrears but can't come up with a lump some to pay the arrears and the charges together.

 

I'll try calling the bank though don't fancy my chances too much as my intention to claim back charges should be more than clear to them by now.

 

Out of interest though, how do I go about placing my account in dispute? At least that way it will stop them from screwing my Credit rating further until such a time I can either pay it off myself or pay it off with my huge refund :D

 

Andy

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Hi Andy,

 

The balance of the account becomes in dispute form the moment you begin action against them to reclaim your bank charges. I'm assuming you have begun action as you say your intention for reclaiming bank charges should be clear to them by now.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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  • 4 weeks later...

ok, my bank are now giving me 28 days to pay off my entire overdraft or they say they will close my account and pass details of my debt to them to Credit reference agencies.

 

Made a SAR request on the 26th Feb, thus far, no satisfactory response has been made. Is this enough to class my account as "in Dispute" and stop them further damaging my credit rating or is there anything further I need to do?

 

A

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just write to them stating that you dispute the amount, therefore the account is in dispute, also say that if they don't understand what this means, to ask their legal dept:D , keep a copy yourself and send 1 recorded, remind them of the time limit for your SAR

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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My oh was over his overdraft with Barclays by £70.00 - his overdraft being £250.00. I am in the process of claiming back the bank charges (about to go on MCOL) so sent them a letter saying the account was in dispute.

The sneaky sods rung my husband up and he paid them the £70 with his business card!!

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