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sailor sam

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Everything posted by sailor sam

  1. Hi, you hav'nt mentioned the extent of the damage to both vehicles. As Mossycat says, you are not liable for this and with CCTV evidence, I would have reported the guy for driving without due care to the police. (You can report a driver for causing an accident as a result of a traffic offence, even if there are no injuries) Anyway, get your estimate sorted, submit your claim to your insurers pointing out that you consider the third party liable (dont forget to mention the CCTV evidence) and as such you expect to recover all your un-insured losses (to include hiring a car while yours is being repaired). If there is any dispute, write to the guy by recorded delivery stating that unless he settles your un-insured losses (excess, hire car ect) within 14 days, you will make an applictaion via the small claims court. You should include the line; 'I strongly advise you to forward a copy of this letter to your insurers'. Don't forget to keep a copy. Keep us posted.
  2. OK I've worked for WMT so I know a little how this works. First of all if a ticket is described as 'Family' (whether it be bus, train ect), it will mean that it is only valid with children. They are designed to offer affordable travel for families with children and used correctly are very good value in my opinion. They are not intended for use by just adults. For eaxmple; A 'family railcard' will give up to a third off the normal cost of a train ticket but it is only valid if at least one child is included in the entire journey. The terms and conditions of the ticket should have been made known to you when you made the enquiry but essentially for the ticket to be vaild, it needs to be used by at least one adult and one child. If you bought the ticket on the bus then you would have got a normal 'paper-type' ticket which is impossible to contain the terms and conditions for every type of ticket that it can be issued for. So it will simply say; 'Subject to conditions of carriage' on it somewhere. I can however appreciate that the less experienced public-transport user may not totally understand the concept of a family ticket but I think realistically unless you can prove you were 'miss-informed' by the telephone enquiry service, I think you will have little succsess in any form of claim.
  3. I think you should have a word with Consumer Direct (Trading Standards). Hyundai's terms and conditions by the way, do not necessarilly fully comply with the sales of goods act. As far as I am aware, the garage can attempt to rectify the fault on 2 occasions before offering a replacement car. Again, as far as I know, you also should be offered the option of a re-fund. The fact that you bought the car under the govenment scheme should make no difference. Also, if you bought the car using a finance company, you might like to contact them to put them in the picture.
  4. Thanks all! I'm trying to find out if the cheque has been cashed! That will give me some idea if its been received innit.
  5. I sent the above on 22nd august 2009 by first class recorded delivery and to date, it has'nt been signed for. Royal Mail have said that there is on-going industrial action in the London area which may be the reason although companies which receive a large amount of recorded delivery mail, may sign for a batch rather than individually so it may of arrived. Obviously I suppose I should have sent it special delivery but would that of made a difference? In the meantime, Link have not responded but have attempted to contact me twice by telephone although I did not accepte the calls. Fortunately, they only have my mobile number! I will keep you posted.
  6. It sounds like the landlord has broken all sorts of rules here. I would report him to the relevant council department. He is not allowed to enter your flat without prior arrangement and he is CERTAINLY breaking the law by stealing your post. You should be able to get the relevant proof from the benefits agencey. This will also prove that the landlord is providing false information in relation to council tax which i belive is another offence. GO GET HIM!!
  7. I've read a lot on here about Link so i'm thinking of sending them the following letter. can anyone give it the once over and give me an oppinion please? Link Finance PO Box 30095 LONDON SE1 7WU Your ref: xxxxx Agreement: xxxxxxxxx WITHOUT PREJUDICE Dear Sir/Madam, ACCOUNT IN DISPUTE I am aware you are attempting to contact me by telephone despite my previous letter dated 27th June 2009. During a recent telephone conversation I indicated to your operative that I was intending to again take specialist advice in whether the debt you are attempting to collect has been correctly passed to your company and as such, if you are legitimately entitled to pursue the same. I further indicated that I had not fully investigated further advice due to other situations I am involved which are more serious, being a long running legal case involving my 5 year old son. However, due to your persistence I have now taken some further initial advice in this matter and it seems to suggest that you should have provided me with a Consumer Credit Agreement (CCA) within 12 days of taking over the account from the original creditor. You should also be aware that the original creditor; GE Capital Woodchester were in breach of the CCA by attempting to recover the item to which the agreement relates without a court order. They further ignored proposals from me to rectify the situation and did not notify me of them passing the account to a third party. This letter therefore is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee plus all monies which have been paid to you by me which were paid to you under duress and by way of the misapprehension that you were entitled to these payments. Please not that I am only prepared to deal with this matter by way of written correspondence. Yours faithfully,
  8. I've read a lot on here about Link so i'm thinking of sending them the following letter. can anyone give it the once over and give me an oppinion please? Link Finance PO Box 30095 LONDON SE1 7WU Your ref: xxxxx Agreement: xxxxxxxxx WITHOUT PREJUDICE Dear Sir/Madam, ACCOUNT IN DISPUTE I am aware you are attempting to contact me by telephone despite my previous letter dated 27th June 2009. During a recent telephone conversation I indicated to your operative that I was intending to again take specialist advice in whether the debt you are attempting to collect has been correctly passed to your company and as such, if you are legitimately entitled to pursue the same. I further indicated that I had not fully investigated further advice due to other situations I am involved which are more serious, being a long running legal case involving my 5 year old son. However, due to your persistence I have now taken some further initial advice in this matter and it seems to suggest that you should have provided me with a Consumer Credit Agreement (CCA) within 12 days of taking over the account from the original creditor. You should also be aware that the original creditor; GE Capital Woodchester were in breach of the CCA by attempting to recover the item to which the agreement relates without a court order. They further ignored proposals from me to rectify the situation and did not notify me of them passing the account to a third party. This letter therefore is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee plus all monies which have been paid to you by me which were paid to you under duress and by way of the misapprehension that you were entitled to these payments. Please not that I am only prepared to deal with this matter by way of written correspondence. Yours faithfully,
  9. Hi, I have a problem with Link Financial. Basically I had a finance agreement with GE Capital in 2000 during which my circumstances changed for the worse and I was unable to maintain the payments. I did, however manage to payoff a third of the original amount and did keep in constant touch with them. Unfortunately without any notification to myself (although they did send me a default notice), they 'sold' the debt to Link in 2004 who are now hounding me for just over £8000. I have been sending them £50 a month but hav'nt paid them since June. They only have my mobile number and I have written to them to ask them to communicate only in writing. I have even invited them to take me to court but so far they hav'nt. My question is; can GE Capital sell the debt to another company without notifying the borrower? I would appreciate any advice. Many thanks.
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