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Hitby

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  1. Thanks for the reply, I intend to send this letter - does it sound correct? ** Dear Sir/Madam Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx With reference to the above agreement, I require that you provide me a true copy of the credit agreement I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out within Section 78(1). If there weren’t any terms and conditions then please confirm this in your response I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974. I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents requested are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send. I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditor’s rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law. Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the signature box and signature, to be omitted in a copy document, but that the copy document must be a ‘true copy’. This means identical in both form and content (including all prescribed terms as required), to the signed, executed, original agreement, as presented or sent to the debtor for signature. I respectfully request that you provide a copy of the original agreement signed by me that you hold on file, and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file, or a copy of it on microfiche, or that you no longer hold the file I look forward to receiving this information within the time frames as indicated above Yours sincerely, **
  2. Hi all, Very interesting forum. I would like to get copies of my Loan Agreements from GE Money, M&S Money and Citifinancial. I'm aware I can write and request under the CCA. Should I do this straight away or attempt to get copies via telephone first? Just wondering how to start the process. Many thanks in advance Hitby
  3. thanks. The car is now with the garage I bought it from (the dealer lent me his own car). He agreed there was a whine on the gearbox so he's taking it to a gearbox specialist and I have to go back at 1 to find out whats happening. Am I correct in thinking that I shouldn't be paying anything towards any repair offered?
  4. I took it to a volvo specialist who diagnosed the gearbox problem. If I reject the car today I'm planning on driving it up to my mother in laws and leaving it on her drive. What happens if I haven't heard anything within 14 days? Is there a standard letter that I need to write to do this? Thanks again for your help.
  5. Hi, I had booked the car in to the garage today to get it looked at properly as I can't be without a car due to commuting. The garage has advised me that the gearbox needs replacing along with the clutch and flywheel. Tomorrow I intend to phone the Citizens Advice, the finance company and finally I plan to take the car back to the garage and see what they say. If anyone could give me any 'ammunition' or an idea of my rights/what to say etc I would very much appreciate it. Thanks in advance Danny
  6. Hi, I wonder if someone could please advise where I stand with a car I bought approximately three weeks ago (11th August). The car is three years old and it has 109000 on it. I've added about 800 of these miles. I have been struggling to get the car into gear (first and reverse) and over the last week or so a strange noise has started to come from the front of the car. I took it to a Volvo specialist who diagnosed a slipping clutch and damaged flywheel. The price for this work was £1089.22 which included labour, VAT, Clutch, flywheel, flywheel bolts and a concentric slave cylinder. I bought this car as a 'reliable' cruiser to do my 80mile a day commute in and I can't afford to be paying any money out at all at the moment. We're barely making ends meet as it is. I have spoken to the dealer who at first said I should have expected to have to pay for a clutch soon on a car with this mileage. He then offered to pay for the labour (at the garage near the showroom) if I bought the parts. I am waiting for him to ring back with the price of the parts but I haven't got any money anyway! The car is a 2005 Volvo S40 2.0D SE and I bought it on finance. It is wholely financed as my part ex (which is still in stock and I'd kill to have back!) was in £600 of negative equity. I would really appreciate any help with this. I really don't think I should be expected to pay any money out after owning a £6000 car for three weeks Hitby
  7. ok, thanks for your advice, mine is also on HP, I have emailed the dealer but don't really expect a reply, I will send the same email registered post in seven days if I haven't heard from them. thanks again Hitby
  8. I will do yep, although, my guess is I need to be chasing the dealer I bought the car from, not renault? How do you go about rejecting the car? If I did is it right that I won't see any of the money I've spent on repairs?
  9. Hi, In March I bought a Renault Laguna 2002 1.9 DCI. When I picked it up it was impossible to put fuel in it as the locking mechanism on the fuel cap was broken (fixed under "warranty"). Two months after I bought it the engine stopped on an A road leaving me without steering or brakes and I had to be recovered back home after putting my heart back in my chest, I had my wife with me as well . Cost £120. The garage diagnosed 2 completely failed fuel injectors and 2 were about to go. Cost of refurbishing them, £700. The garage I purchased the car from didn't want to know and the warranty they included said they weren't covered. Then the fuel guage stopped working. Renault diagnosed a faulty instrument cluster which they replaced at the same time as a faulty abs sensor, cost £550 plus £50 to change my insurance to a courtesy car. Today I took the car in for it's 72000 mile service and cambelt change. It is now at the garage who tell me the woodruff key has split in two and I'm lucky the engine hasn't entirely imploded. Cost £25 + cambelt change and service - £370. Also, I'm informed that the car has a huge diesel leak - problem is yet to be diagnosed. Now, for a 5 year old car that I paid £4000 in good faith less than 4 months ago I'm more than a little upset at having paid £1400 on repairs, not including the service and cambelt change, obviously. Does anyone have any advice for me, can I claim any of that money back legally or reject the car? Is it too late? The car was purchased on finance with my old car taken as deposit (oh, how I wish for that back now). Anyway, appreciate any help. Thanks Hitby
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