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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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      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.  

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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.

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      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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Blair Oliver and Scott/Bank of Scotland ** Compensation awarded by FOS **


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Now that's one of the best complaint letters I have ever seen on here.

 

Brilliant letter.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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rmw, here's one to remember for the future : at the top of your letter put the following -

 

"Served by First Class Post"

Served under section 87(1) of the Consumer Credit Act 1974

Dated : dd/mm/yyyy

 

 

Err, blush :o, I don't actually have the wording for that section myself though.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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rmw, here's one to remember for the future : at the top of your letter put the following -

 

"Served by First Class Post"

Served under section 87(1) of the Consumer Credit Act 1974

Dated : dd/mm/yyyy

 

 

Err, blush :o, I don't actually have the wording for that section myself though.

 

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes.......

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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One stray thought - do you think it might be possible to be banned from complaining to the FOS, like being banned from taking court action as a vexatious litigant?

 

I hope not, I have 8 complaints with them at the moment, 2 of them regarding Bank of Scotland:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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And I thought I was a serial complainer - this one will make 5, but one of the complaints was for 4 accounts, so it could have been 8.

 

And the results so far :- creditors 0 me 3 (and 2 pending)

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes.......

 

In that case I've got the wrong Act:confused:. What's the one that says post is deemed to have been delivered 48 hours after the date shown?

 

Also, in the same vein, some companies don't use the Post Office anymore. Instead they use commercial delivery companies such as UKMail or TNT. These commercial companies don't have any of the delivery time obligations that the Post Office has, and routinely take much longer than 48 hours to deliver mail. UKMail for instance takes 5 working days.

Where do you stand in law in such cases?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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So far as I am concerned, if a company chooses not to use guaranteed next day delivery from whichever provider they like, then they can't complain if they don't get a response within their given time limit. The number of times I've received demands for a response within 3, 5 or 7 days, only to check the date and find the time is already up.

 

Incidentally, in my last FOS case, the Ombudsman decided Blair Oliver and Scott were pre-dating letters then sending them 2nd class, giving you no chance to reply in time other than by phoning on the day it arrived. Not unsurprisingly, she thought that was a tiny bit unfair.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I've had this happen from Moorcroft and Capquest.

They always time it to arrive on the last day to contact them.

 

Not that I ever contact them. I always leave it a few days. ;)

 

I've started writing the date received on each DCA letter now. Also keeping the envelope with it, if it has a readable postmark/date.

 

The more wrong doings I can have them slapped for, the better.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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So far as I am concerned, if a company chooses not to use guaranteed next day delivery from whichever provider they like, then they can't complain if they don't get a response within their given time limit. The number of times I've received demands for a response within 3, 5 or 7 days, only to check the date and find the time is already up.

 

Incidentally, in my last FOS case, the Ombudsman decided Blair Oliver and Scott were pre-dating letters then sending them 2nd class, giving you no chance to reply in time other than by phoning on the day it arrived. Not unsurprisingly, she thought that was a tiny bit unfair.

 

 

Banker Rhymes with is looking into whether there is some identifying mark on letters sent out by OCs and DCAs using UK Mail or TNT and is advising at every possible opportunity that people save the envelopes and date the received date on the letter. Quite a lot of the "in house solicitors" such as Blair Oliver & Scott and **** used by LTSB are notorious for sending letters that arrive after the date they expect you to call/respond.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Or if you dont have a decent staple gun that works when u want it to then use paperclips or hair slides.

 

One of my friends did not have a paperclip for her driving licences stuff and she used a hair slide does the same job.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I often use hair grips (I have lots as I have very long hair) instead of paper clips of which I never have any, especially for marking the relevant pages in the map book when planning a drive from the south coast to Loch Lomond!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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well if they do the job then why no use them

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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i have borrowed the letter so i can read it properly later and edit it to suit my needs.

 

Should be fun editting and sending this off.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I know the more experienced members of this forum don't need telling this, but perhaps some newer members might. Whilst this complaint letter serves my purposes absolutely perfectly, it's not likely to get you a positive response from anyone. Unless you are as fed up as I am with the antics of your creditor, then I would suggest perhaps something a little more polite as your first missive.

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RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Many thanks to whoever tickled my scales.

 

I have to make it absolutely clear that I am no longer reduced to a quivering wreck every time yet another of their totally useless bits of paper lands on my door mat.

 

Thanks to CAG, I have gone from literally dreading the arrival of the post every day (after I changed my phone number and went ex-directory so they couldn't harrass me that way), to the point where even if nothing arrived I would immediately be worrying about what might come the next day. I now welcome anything and everything they might send, it's just more ammunition to use against them. I'm not even worried if they decide to take court action - I would welcome that too. The very worst that could happen is that I will lose and the court will order me to make payments that I can afford, which was what I was quite happy to do before they nearly killed me. And I mean that quite literally. The stress put me in hospital, and the doctors were concerned enough to get my parents back from Portugal.

Within a month of that episode, I found CAG whilst I was searching online for something, anything, that I could do about the harassment, and the rest as they say is history.

When I first started I had grave moral misgivings about not repaying money that I was told I owed. After all, if the bank said I owed it, they had to be right, didn't they? I now know better. Even if I did owe any of it, that does not give them the right to harass me, and if as a direct result of that harassment, I start to fight back, who's fault is it? If they'd left me alone I would have gone on paying my £1 a month for ever. As I think I've mentioned earlier in this thread, since I started fighting back I've paid them next to nothing, but I've cost them a small fortune. Justice.

 

Thank you CAG.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I am no longer reduced to a quivering wreck every time yet another of their totally useless bits of paper lands on my door mat.
That is what CAG is all about - fantastic. Edited by steven4064
format

 

 

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RMW.

I always send polite letters but find until i start to send the i am really annoyed letters i dont get any type of response as they sound to nice.

 

Yes i use the manners my mum made sure i had. As yes i do ask nicely for a prompty response. I think some company think they the nice letters are from ppl who will roll over and pay them if they snd enough demanding letters.

 

Good luck with your letter as i am sure you should gain a brill response from that. Just a question what are u sending cabot if that is going to BOS?

Edited by The GodMother
Asking the question

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I agree - you need to mind your manners for the first letter but quickly get more 'robust' thereafter.

 

Writing letters to finacial institutions is an art form, as RMW has shown. (I like to consider myself no slouch, either :D) (or you GM)

 

 

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oh trust me steven i am no slouch. One of my letters should not have got printed and been sent but it was printed by accident and got sent. I got a very nice reply saying were sorry to have cause you to complain were closing our file.

 

have not heard anything from them the OC or any other DCA since.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I'll post the Cabot letter on my cabot thread once it's all sorted - you can bet that, whilst it is rather more polite than the BOS letter, they should be in no doubt that I won't just roll over. It was sent by email last week, and I haven't had an acknowledgement yet. Automatic acknowledgements are so easy to set up that I can only assume Cabot don't want you to have proof that your email has been received.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I have also read elsewhere that Blair, Oliver and Scott are in fact Bank of Scotland - same registered office etc - so I find it particularly worrying that they should behave in this way. We've more or less come to expect it of the independent DCAs, but the big banks? Just think if one of them were to lose their credit licence!

 

Not having a pop at you Reallymadwoman, but who is going to revoke their licence - not this Government. From what I am reading Government bodies are not even hiding the fact that they are not going to make these people accountable.

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