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dampriser

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  1. To be honest, Southern Water have told me to deal with the DCA, but haven't returned any payments i've made. I think perhaps i'll plead ignorance and keep paying Southern Water as i am, when i next recieve a letter from the DCA i'll just write a reply stating that Southern Water are accepting my payments direct to them. Which they are. The letter sent by Southern Water advising to deal with the DCA was recieved 2nd class standard post, which i haven't acknowledged if any way. So plead ignorance and carry on as i am. Thanks
  2. Thanks for the advice Conniff, Problem is at the moment i am paying Southern Water and not the DCA. After 2 weekly payments made, Southern Water are telling me to pay the DCA instead. Thus now i'll have to stop paying Southern Water (which i don't want to as i want to show that i am paying the debt off), and have to communicate with the DCA who will probably initally decline my offer knowing them. So whilst communications with the DCA will go back and forth, my payments would have stopped and if it went to court it would look unfavourable as i stopped making payments. I remember reading somewhere about Council Tax Debt and insist on paying the council and continue making payments to the council NOT a DCA regardless of what they say. I hoped the same could apply to me in this instantance. I take onboard your advice about the payment method to a DCA and if/when it comes to that i will request their banking details and pay by bank transfer. This is the method i've used to date with Southern Water, thus i'll have a record of all payments in 1 place. Thanks again Edit Sorry, couldn't rep you as i need to spread some more around
  3. Many Thanks for that. We actually have no other significant debts (meaning ones that are true and correct). We did have rent arrears and council tax debts, but i paid those off full with the negotiated settlement i got from employer when falling ill and having to leave the company, but there wasn't enough to cover this one. I will have a look at the websites you mentioned, but seems it may be best then to forward the letter with attached budget sheet that i originally sent to Southern Water, to the DCA and request payment method details. Yes, I did see this when i found the Southern Water Trust, but we are unmetered thus doesn't apply to us i'm afraid. Here's a link to the Trust Fund I applied for http://www.swtf.org.uk/ Thanks for all your advice, I will speak to CAB asap as they may be able to help with the failed trust application as well.
  4. I just had a thought, which i would appreciate anyones to view. Seeing as the letter i recieved from Southern Water was just sent normal post, and i haven't acknowledged reciept, could i just keep making the weekly payments to Southern Water and should the DCA contact me again just say that i'm paying Southern Water direct? I forgot to mention that we had applied to the Southern Water Trust Fund, but they declined our application on the basis that we are in reciept of benefits, and advised to contact CAB. They did say that we could apply again, but our circumstances haven't changed so don't see the point, unless there's any advice that can be given? Cheers
  5. Help!!! We have a debt of just over £2k with Southern Water which is true and correct. Disability benefits are our only source of income. Last week we had a letter from DCA Moorcroft demanding full and final payment which there is no way we can afford. I wrote a letter to Southern Water making an offer of £5 per week and attached a budget sheet. I immediately paid the 1st payment of £5 through bank transfer for that week, and have done the same for this week. Today i recieve a letter from Southern Water stating the account has been tansferred to the DCA and they can't help. The letter is literally just 3 lines, excluding the address of the DCA. May i ask for guidance as to where i go from here i.e Do i have no option but to deal with the DCA? If so, do i just forward a copy of the orginal letter i sent to Southern Water? What has happened to the 2 payments i've already made? Do i continue or stop making these weekly payments? I would rather just deal with Southern Water, but they've made it clear that they're not interested. Thanks in advance for any advice you can give.
  6. I totally agree as there are other faults i have found with the car since, but that is my undoing by not getting a mechanic to accompany to view the vehicle. But the seller deliberately mislead me in to believing there were no advisories and it's only on that basis I want to make a claim against them.
  7. Thanks Sam, Yep to all 3. I also rang CAB and they advised the same as you, though only to give 7 days notice of intent. I'll get a letter sent registered off today and keep this thread updated. Many Thanks again
  8. Yes, Many Thanks and apologies for the omissions. The car was purchased the day before the incident, Friday 21 May. The occurrence happened Saturday 22 May. The MOT is dated 28 March 2010. The car was purchased with cash. The seller did issue me with a 'sold as seen' receipt, but as i understand that is not a phase recognised under law.
  9. Hi There, I'm after some verification and advise on the best way forward. I purchased a used car privately after seeing an auction on ebay for the car. The car was described as having flew through the MOT with no advisories. I communicated with the seller through the ebay messaging system and negotiated a price which the seller agreed to take it off ebay. The price agreed was subject to the car being as advertised. One day after purchasing the car i nearly had a crash as the steering had gone, I had it towed to my nearest garage who diagnosed the offside anti-roll had worn. Later that day i went on to the direct gov website and did an MOT history search, which showed that the vehicle had actually failed the MOT on a rear number plate bulb, (which was fixed and then passed), but also there are 2 advisories, for which one stated as wear on offside front anti-roll link arm! Thus I have written to the seller requesting reimbursement of the repair on the basis that the car was not as described and that i had been mislead. The only response i have had so far is that the car is not as described, as the sale was not completed on ebay hence the description in the listing is not relevant. I have requested all communication to be made in writing. Through the ebay messaging system, prior to the sale taking place, the seller again quoted that the car flew through the MOT with no advisories. Verification that the car was not as described and that i was deliberately mislead, i want to take this further and claim the cost of repair. Which is the best way to do this? i.e online court, or local county court. Also as I'm on benefits would it be advisable to seek a solicitor and claim legal aid? If i were to use the online system is there a facility to attach evidence i.e copy of the advertisement listing, and copies of the messages? Thanks for reading and any advice and comments given. I just can't get over that someone could lie through their teeth in order to get a few more quid, whilst endangering people lives. The garage has confirmed that the car is unroadworthy, and perhaps there are other avenues that can bring these sort of people to justice. Don't they get it's peoples lives they are playing with.......sorry, just makes me so angry.
  10. Darn it And here was i to start a LBL Swap Club I'm also wondering where people's advice is to 'hide' the vehicle, wouldn't it be best to lock it in their garage (if they have one). Surely they have no right as to cause criminal damage in repossessing a vehicle?
  11. Throwing this one out there for discussion, as I've read a lot of posts from people who have purchased cars in good faith, only to have Log book Loans sending letters that the car is theirs and that they are prepossessing. I read somewhere the other day that if the purchaser of the vehicle was unaware of any outstanding finance, then they retain the rights to the vehicle. www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1964/cukpga_19640053_en_1#pt3-l1g3 27 Protection of purchasers of motor vehicles (1)This section applies where a motor vehicle has been bailed or (in Scotland) hired under a hire-purchase agreement, or has been agreed to be sold under a conditional sale agreement, and, before the property in the vehicle has become vested in the debtor, he disposes of the vehicle to another person. (2)Where the disposition referred to in subsection (1) above is to a private purchaser, and he is a purchaser of the motor vehicle in good faith without notice of the hire-purchase or conditional sale agreement (the “relevant agreement”) that disposition shall have effect as if the creditor’s title to the vehicle has been vested in the debtor immediately before that disposition. So the above is saying if you purchased a vehicle without knowledge of outstanding finance, then you retain the rights to that vehicle. The finance company will have to chase the person who took out the agreement for any monies owed. The only sticky point, and it's a big one, is that can a bill of sale be described as a conditional sale agreement? On principle i would believe it does and the above law applies, though i have no professional knowledge of this sector, hence over to you guys to shoot me down
  12. Thanks as always. I haven't acknowledged reciept of any of the letter from Lewis Group or Cohens, thus for time being will just file the letters.
  13. Hi all, Today i received a letter from Howard Cohen & Co Solicitors - Notice of Pending Legal Action. It states they have been instructed to prepare court papers for non-payment of debt, potential additional costs, and giving me one final opportunity to pay to avoid these costs. I'm needing some advice as if to send a letter re: default notice defective, or to still wait? If i am to send the letter now, can someone please proof-read or make suggestion to my letter in post #37? Many thanks for the advice given to date, and time spent in replying.
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