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    • just post it here as text then we can edit if necessary
    • 1st try for snotty letter.     lbccc v1.pdf
    • I do feel now that I would like to comment on some points raised on some of the posts on this feed:   Although I found the appearance and comments from Zac to be rather strange, I have not left a scathing review; I was merely seeking some advice as I have never been in this situation before and did not know what to do.   The information I have provided is factual, transparent, and comprehensive. The pdf I posted of full correspondence, screenshots with text on (and to clarify direct quotations from the video walk round), and photographs of the bonnet show this.   The emails and comments posted by the dealer do not constitute the full facts of the situation as he stated, and it makes me feel sick that I have repeatedly been called a bully and a blackmailer (via correspondence and forum comments) throughout this. Additionally, the 4th email posted by the dealer which he named as the response to the email above it was not the response I received to it.   I have made it clear from the start that I wish to keep the car and only wanted it in the condition as advertised. Upon receipt of my first email concerning my complaint (not the best email, I know), it was very clear that the dealer wanted the car back. His response to this was a WhatsApp message which ended in “To be frank I don’t want to sell some one a car that insults and then blackmails me”. This was also the only option provided which would not cost me considerable time or expense. Although it would still have left me without a car (and having to resume my search), as my old Golf was due to be collected by a private buyer. Also, this was the only option offered without sarcastic and/or patronising comments attached. This is of course only my personal opinion and I am aware that I may not be fully objective on this point, but I felt bullied into doing what the dealer wanted.   Whilst I understand my initial email was quite conflict orientated, and that I have not dealt with this situation well, I don’t believe it excuses the responses I received. I am at a loss to see how this is above and beyond in terms of customer service.   As the dealer pointed out, I did state that the car was in fantastic condition for its year (the interior is fantastic for the year), apart from the bonnet of course. The car has most likely done predominately motorway miles which would account for the bonnet. There are minor issues which also don’t match up with the video walk round. Namely, a tiny dent in the rear wheel arch, which is barely even noticeable, several paint chips around one of the doors, the odd stone chip elsewhere, the alloy wheels are in good condition, but not absolutely pristine as most were described as (I had assumed maybe these has been reconditioned), the rear loading strip is heavily marked all the way across, but the paintwork not affected. However, all of these I feel are minor in a 10 year old car. Upon reflection ‘great’ may have been a better representation than ‘fantastic' on my comment.   During my initial phone complaint, I was told that I was the first customer to complain in over 50 cars (can’t recall the exact number but remember it being in the 50’s) to which I said that I felt bad about, later it was 300…   I never asked for £150. As mentioned before, I accepted this offer over the phone after the dealer had told me that I would not be able to get a stone chip repair company to rectify, as “there are hundreds,” and that it would need respraying. He told me that it would cost him £150 (did not mention plus V.A.T) and that it might cost me £200 here.   I was confused by the pricing structure mentioned (from the chap he has previously told me he has used for his body work repairs for years) as this appeared to be an invoice, which I assumed was for another car’s repairs. The total cost was over £1,000. It stated £180 for a bonnet repair and paint (vandal damage, small repair or paint correction) and on the second page V.A.T was added. If this is correct this would surely equate to a total cost of £216 for the bonnet, but of course I could be wrong. Not inclusive of the cost of collecting and delivering the car back to me, as I have been informed that this should not be of inconvenience or cost to me.   I asked for a larger contribution as initially I was led to believe it would cost me £50 and a little inconvenience. Only after I stated the specific consumer rights (which I had Googled over the weekend) and sent the dealer photos of the bonnet did he offer me a further £112.50 for this. In hindsight I could have specified a figure, and that I still did not expect the blended wings to be paid for. Before this, the dealer stated that he did not wish to negotiate any further and to take the car back to him to paint or they will refund and collect. Upon seeking more specific advice on Monday I was informed of my full rights in this circumstance.   It is certainly not a case of changing my mind because I wanted a brand new bonnet etc. and I disagree that the dealer kept his "kool" and replied respectfully throughout, as I do not consider sarcastic and derogatory comments throughout as respectful.   The warranty is a 6 month bronze package from Warranty Wise in this case, which I believe is the only option for a car over 100,000 miles.   I’m unsure as to the significance of the dealer counting 14 stone chips, but maybe this was on one of the photos close to the edge of the bonnet. I have not zoomed in, merely taken a photos of different areas of the bonnet. You can gauge the size on the photos which are closer to the front headlight area. Also, again this issue is not about the size of the stone chips, which do vary in size throughout, it is about the sheer amount across the bonnet not being as described. I did state that these were difficult to see in sunlight or at a distance. However, upon reflection I should have stated more clearly i.e. direct sunshine. I believe 2 or 3 were pointed out on the front edge of the bonnet in the video walk round. In which the dealer stated "Body work is absolutely stunning for the year, with only very minor age related marks, which we’ll point out as we walk round… Bonnet; no scratches, no dents, no damage. If we look closely, we might find the odd little stone chip here and there that have been touched in, little one there, very difficult to see. Little one there, look. So, it's got the odd little stone chip on the front of the bonnet edge, apart from that it's very very clean."   There are not over 30 emails about this, there are 12 and 11 WhatsApp messages (inclusive of the 2 photos of the body shop invoice).   From what I understand about mediation, its purpose is to negotiate to resolve an issue as timely and smoothly as possible. The last emails from the dealer stated that they had no choice but to take legal advice and pass all their correspondence to Lawgistics. With a formal retraction of all previous offers except returning the car to them for a refund, which would be my responsibility. This also informed me of the AA ADR. Followed by one stating “My apologies I forgot to include the phone number for the legal team… Bonnie is the team leader should you wish to escalate to the highest level. Please note that on taking further advice we are under no obligation to offer a refund for the vehicle.”   The dealer also stated “our car” at the end of one of his posts which is odd. It is legally my car which was purchased online in good faith.   Bankfodder’s recent comment concerning the AA does indicate he is saying the AA does not know what they are talking about.   Lastly, I am also unsure as to why anyone would want to deliberately add stone chips to their newly purchased car, or indeed how. Is this even possible?
    • As far as I can see I could just have scanned in a QR code of an unused or unreported test and declared it negative.  It is a venue asking for this and it's utterly pointless.  They'd be much better asking everyone to bring an LFT with them and randomly picking 10% out on entry to test in front of a witness
    • Each test has a unique QR code?   The UK is a joke at the moment.  People fighting over petrol at garages, because of supply issues affecting some garages.    Will we see people fighting again in Supermarkets over the last pack of toilet rolls ?   Government are blaming the media for reporting the problems .            
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Ruthbridge - what next?


hunkydory
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Hello. Could someone just help. I take it that once the CCA has been sent off Ruthbridge have 12 working days to action this request. Once they fail to comply, what is the next thing you should do? I note they have cashed the cheque for £1 and deducted it from the amount owing but haven't provided a copy of the credit agreement or any information regarding what the alleged amount owed is in relation of.

 

Surely they are demanding money with menaces if they don't provide details of the alleged debt - if I bombarded someone with calls and letters demanding a 4 figure sum with no explaination, I'd end up in a nice police cell!?

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First NEVER talk to these "people" on the phone as they will try and get you to agree to anythin.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.

Be VERY careful whose advice you listen too

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HD

 

As CB says don't talk to them more than you have to, if they call just tell you are disputing the debt & you have sent a CCA request & are awaiting their response followed by - put the phone down.

 

Once the 12 days has passed you need not make anymore payments as the debt has entered into dispute. You could send them a note to this effect and remind them of the following;

 

'They will be in breach of OFT Debt Collection Guidance on ‘unfair business practices’ July 2003 (updated December 2006) by not ceasing collection activity whilst investigating a reasonably queried or disputed debt'

 

Once the 30 days has passed without a properly executed agreement being produced report them to their Local Trading Standards as they will have committed an offense against the act.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Hi and thanks for this info. I never called Ruthbridge - so they don't have my phone number. Needless to say my £1 postal order was cashed and clearly taken off the alleged debt (received another threatening letter which shows this) but still no CCA. Time is ticking on towards 30 days at which point I will follow your advice and contact Trading Standards.

 

I am not worrying - if they try to file for bankruptcy, they will have to explain to the court why they have failed to abide by the law or the county court procedural rules!

 

Thanks again! And thank heavens for the CAG & BAG site!

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Hunky, remeber it's 12 WORKING days first then a FURTHER month.

Also don't approach TS until the 12+month expires and they start demanding payment again.

  • Haha 1

Be VERY careful whose advice you listen too

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After the deadline has passed [ie 12+30] write to them pointing out that the £1 was for the CCA request as they well know, not to reduce the debt. Tell them that Trading Standards are aware of this ploy by DCAS trying to avoid

their responsibilities. And oh yes-they have committed an offence.:[but don't report them yet]

Also you don't want action on your account since it may prolong the time

before the Statute of Limitations kicks in.

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  • 1 month later...

Any advice please - have received a letter from RB asking me to telephone them to discuss my complaint about their actions (ie failure to comply with CCA request etc). As if!! Should I reply to letter now or just go and complain to TS? Can I also complain about them to the OFT or someone else with clout? Thanks!

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I think my Rottweiler had the best approach - he put teethmarks in the letter when the postie delivered it!!

Any advice as to who and how to complain about Ruthbridge gratefully received!

 

Wait until the timeline runs down (12+2 working days + 31 Calender days) and then place a complaint with OFT on here

 

Consumer Direct

 

and locate their local TS and place a complaint with them.

 

http://www.tradingstandards.gov. uk/

 

You can then write them a 'bog off' letter Curly has a good one 'apparently'

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Ruthless are persitant buggers if nothing else. They will try all sorts to try to get you to ring them including mysterious postcards telling you they have an express delivery parcel to deliver or ring xyz urgently on 12345667.

 

You have made a legal request for your CCA and sent off the £1 required. What Ruthless actually do with it is their concern because your CCA request clearly states what it is for. Let them commit the summary offence and then begin an attack on them. In addition to the formal complaint to TS you should also write to Ruthless and demand a copy of their complaints procedure. If they fail to supply you with one or fail to deal with your compllaints in a satisfactory manner then complain to the FOS who will charge THEM £400 to be investigated. Curlyben has a library of BOG OFF letters to deal with most threats and lies from the DCAs

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Well as conar is doubting.

Try them with this one:

Edit as needed

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

Be VERY careful whose advice you listen too

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Well as conar is doubting.

Try them with this one:

Edit as needed

LoL - Never doubted you for a minute oh great one.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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