I dealt with this long before I came to cag, and it was only out of sheer frustration I took it as far as I did. The one problem you have that I didn't was you bought an accident damaged car, The engine I purchased was listed as fully functional. On the other hand, the engine that is in the car isn't the engine that was originally in the car. Does it come under deception or fraud? It's hard to be sure, the argument the seller could have is that the engine was fine when he had the car, as for it being stripped down that was not in the listing. I had the engineer who helped me with my car take photos of the engine and state that the damage could not have been by myself and the botched repair was indeed a botch and not a fix ( it wasn't) and a statement of work involved. My only intention was to get the money back that I had paid for the engine to assist in buying a new one - this never materialised as I flogged the car soon after. It was not a lot of money but I was sick to death with the same fault, in your case the principal of the matter is the same as mine, you bought something described in a certain way, what you had delivered was not was described. I would argue on that point alone, but your case is a bit more complex than mine, the guys here are very helpful and do know their stuff... listen to what they have to say and make a decision that you feel comfortable with.

In my opinion it is important you do try resolve the matter without going to court, use the court as your last option after exhausting every avenue. I owned a 1999 Landrover Freelander petrol about 3 years ago, these 4x4 blew their head gaskets like popcorn in a Microwave. The engine was not powerful enough for the car and prone to overheating. I loved the shape and still today think it is one of the better looking 4x4's out there. Anyway a year after buying it the timing belt snapped and the valves did a little dance in the cylinder head, I had the cylinder head replaced professionally, 3 months later the oil and water decided to fall in love and interfere with the engine, plooms of white smoke from the exhaust. So still wanting to keep the car I went online looking for a replacement engine, found one on ebay, sent the seller cash recorded and an engine duly turned up at the garage. Engine was advertised as working, no knocks, no smoke and plenty of power (bit of a joke but listed as thus). Garage fitted engine, I drove home, got out of my car only to see a waterfall emitting from the base of my car... RAC called out, head gasket leaking, returned it to garage following day, found the old owner of the engine could not be bothered to replace the head gasket instead thought it would be better to add loving amounts of silicone sealant. I contacted seller, 'no mate engine is fine' was reply, rang again 'engine sold as seen mate, should have checked it first'. I re-checked the listing, no mention of sold as seen, I couldn't go check it as I live in Wales and the engine was in Jedburgh on the boarders, I complained to ebay however as I didn't use a recommended payment method they couldn't help, I knew this anyway. So next option, Trading Standards, all they could do was send a letter informing the seller he had sold me a duffer. As far as I was concerned, that was the end of the line, Mcol online and won my case 2 weeks later. I am not a fan of the 'let's sue' culture but in certain circumstances people just don't get the message and think they can mess you about. Didn't mean to go on and on, but thought it might help your routes of enquiry.

maybe write a letter to the company in question, this way you have a paper trail and a proper line of communication, send it 1st class recorded and keep a copy for yourself, so you can show you have been reasonable in trying to deal with the issue before involving the courts.

Silligurl, I'm no expert on this mater and I am sure someone else with a more knowledge will be along soon to help, the reason I mention Credit Agreements was because I originally has one with o2, When it was passed about the DCAs and got to Lowell, the o2 agreement was cancelled/removed and Lowell started an agreement in place of it. My problem is that Lowell have not got an agreement with me, nor have they got a facility to provide credit, so in my eyes they have misplaced an entry on my credit file. However it is my guess that your details unless you provided them to somebody, were taken from your credit report.

check for new credit agreements, obviously I dont know about the debt your referring to but in my case Lowell issued a new credit agreement on my file

Yes it does seem wrong but in my case it is what has happened. Equifax will be investigating this after I have had my tea, you might also want to find out if anyone other than yourself has requested a copy of your Credit Report.

Hi Silligurl, I would check your credit file, I did and it would appear some naughty so and so has requested a copy of my credit file without my knowing. Ironically, and while I don't know for certain yet I think it is Lowell and ultimately Fredrickson trying to collect on an old o2 bill. I recently updated my Credit File, mainly on purpose to see if any skeletons in my closet came to fruition, they have not but Fredrickson Int are calling my house phone now with an automated message, phone goes back down ofcourse, but that is where they got my ex-directory number from. Have you altered your credit file lately? Steve

im guessing it is the left hand mouse button

I had on old unpaid o2 mobile phone account on my credit file, now it is showing as Lowell Portfoilo - communications supplier?!?!?! I know Lowell have probably bought the debt but Lowell aren't a comms supplier, is this just as bad? - whats the best course of action here?

This is a [problem], Do not enter your card details. Download Microsoft Security Essientials - its free google it, also CCleaner these should get rid of it.

hi wooner, I am in the exact same position as you, i failed my iva back in march although this was because my ip wouldnt let me change the amount i was paying. To date only 1 creditor has tried to chase me for money and lack of a cca made them go away For now im happy to wait and see what happens, after 6 years from the last date you paid anything they become statue barred and then cant get any money off you. If anyone/company is chasing you for money, then as you did send the CCA request if then thye cant find it or have lost put the account in dispute, and until such a time as they find the cca if they ever had one then dont pay em a penny! Any registered defaults will remain on your credit file for 6 years before being removed, just keep an eye on your file to make sure no ccj's or court action is taken without you knowing as this has been known to happen. If you do get a CCA then post it up here and ask the guys and girls here to check it out and see if it is enforceable and go from there

Thanks you two I'll prepare a SAR tonight and get it sent off recorded delivery style tomorrow I understand about the charges and interest but what is compound interest? and probably a daft question why should I be claiming this? On a final note when I get all the paperwork from cap1 ( will be easier when I actually have it all i guess) how wil i know what is a charge and what isnt? also what is a charge i can claim back? or can i just claim back all charges? thanks again

Hi all, This is my first time doing this so I'd like some help, I know there are many posts and guides as to how to do this but my head is mush so I'd love some help. Basically I had a capital one credit card it only had a £200 pounds limit but due to charges and late payment fees was well over £500 by the time I paid the card off at the end of last year. When I paid the card off I also closed the account as I am trying to be sensible with my money these days can I still claim back charges on this? If so, what is the 1st basic step I need to follow? send a SAR? I assume I don't need the CCA I think it was done online would it help if it was deemed unenforceable? I'd still claim the charges back even if it was though. I have to admit I binned everything I think from capital one as at the time I had the attitude 'over and done with' although I can soon have a look on my credit file and see if there is any useful info there. The account was registered to my current address so is this alone enough to go on? I think I'll have to do this bit by bit and as and when I have the required information so hopefully you will all help me out a little i'd appreciate it. thanks all

Hello vjohn82, Having read your post I thought I'd pass on my best wishes and hope you get the outcome you deserve, like others on here and ofcourse yourself I was diagnosed with severe depression in October last year and looking back it was a very strange time, it was brought on by work not so much the stress but being bullied by a small group of co-workers not directly to myself but they were going through management as they didn't want me to find out it was them, cowards. Over the space of a year, what i thought was issues I had, turned into almost farcical nonsense to the point where the almost biased management thought what was going on seemed suspicious, but because it was a group of people and it couldnt be proved any conspiring had taken place I had to be constantly hauled into the office to hear that 'somebody had made a complaint' inevitably in the end though I broke down infront of my missus and 2yr old son. My supervisor was so blind to everything that was going on he somehow came up with the story I'd gone to the dentist??!?! when in actual fact I'd been to the doctors and told no more work and to file a grievance. I think what made a difference to my problems and the point im ultimately getting to i guess is that I am in a union and I spoke to their legal team and they advised me on what to do, I feel that some companies, vjohn I dont know the size of yours, but mine only employs 250 people and seemed very nervous when I threatened them with bringing the union to support me, personally I feel this made if not forced the company to listen to me and act upon the incidents that caused me what I feel unnecessary time off as I like my work. After a few months off and a couple of visits from my line manager I felt confident enough to return to work, but not before a meeting with the company director who assured me if I experience anything else like this to speak with him directly and at 25 i don't need this to be honest. This is why I feel having the support of a union is when needed vital in some sectors, you may never use their services but when the time comes they will support you. I'll keep following your progress all the best

Funny you have said that, I sent a letter 1st class recorded on the 1st of November and on the tracking part of the RM site is just says it was posted and is in the delivery network

Hellooo Wannabe I've got to admit I almost wet myself when I read about the hook, did he have a fishing rod also? and then reel the car off your drive,even though we all know what the photo showed lol I'm sorry but if that is the kinda of stuff that stands up in court these days I'm going to leave the country lol!

Hello all, Hope you can help me with a problem I can't seem to shift. Myself and partner have been living in our current residence for about 2 years now, I work full time and the OH is on benefits and may never work again. When we first moved in I agreed to pay the Rent and Council tax, the OH agreed to pay the bills as we didn't think they would amount to much (which has proved to be the case) and jointly we would share the cost of the shopping and stuff. The first year end was met with a huge bill from Swalec, we had had a torrid time with the radiators taking ages to come on and the heating wasn't working right which through the letting agents was eventually sorted, we eventually found out after all these repairs was that the pump on the water tank was faulty, thus causing us to use more gas to hear the water explaining the bill. It was about £200 the OH said she'd get a DD set up and sort it, fair enough Come march this year we were at logger heads, arguing, shouting and all sorts... when you have a 2yr old in the house it isnt really the attitude parents should have towards each other. I couldn't understand the problem, thought it could have been the stress with the baby etc, but no seem'd fine it was only towards me, especially when I got home from work. Then a Swalec bill arrived for both gas and electric... the OH hadn't been paying the bills and we owe'd about £500 I can't remember the exact figures. So I looked at my income and expenditure and hers and decided if she looked after the shopping, tv license and water bills I would cover everything else. Suddenly our relationship got better, I felt better so did the OH until Swalec told me I could only pay off arrears over 6 months which worked out around £87 PPM. After the 2nd month I had to cancel the DD as I just couldn't afford it, I paid off about £100 over the next 3 months then the latest bill arrived (quarterly)taking the total to just over what the original arrears were. Again tried to set up a DD same amount as I paid off some over the phone and online. Subsequently cancelled the DD again as I can't afford it again. Both times I have spoken to Swalec I have been told we use about £33-35 pounds a month in electric, I work during the day, OH goes to her parents or out in general so no-one is home, only fridge and internet hub is left on. I can afford our monthly usage no problem but just can't afford to pay off the arrears in 6 months, is there anything I can do to change this? I don't want a payment meter, we have no need for it but these arrears are becoming a burden fast, even 8-9 months I should shift them I just don't know how to put my point across. Swalec have never been funny with me on the phone and I bear no grudge but I just cant do the 6 month thing. Any help would be much appreciated Steve

Thanks you two ! To be honest I didn't expect any different

Greer 8472, I appreciate your reply and I know what a mess the benefit system is in, I've been there and got the t-shirt. I didn't mean to come across as if I was bragging, if I did then I do apologise. No hard feelings? The only reason I commented in the 1st place was that we have received an overpayment that was not caused by a mistake by us and in the T&C's it states if the mistake was made by us ( tax credits ) you will not be liable for repayment. That was our response when we fought them trying to get us to pay it back. We would have payed it back if it was found to be our fault - just glad I dont have to think about it now. I wonder if the OP has got any further with this yet.

Hey all, 1st post in the employment section so hello! Hopefully this will be an easy question to answer for one of you wonderful people, it's bugging me now and I'd like some help. I work a 5 day week mon to fri full time, working 37.5 hours, currently my company gives its employees 28 days holiday including bank holidays, so 23 paid holidays and the other 5 are bank hols. A friend of mine who works for the same company, the union man we call him lol! as he is in the GMB tells me he was looking on an employment law site and it states if you work 5 days a week your entitlement should be 28 days paid holiday and then the bank holidays on top of that so in total 33 days holiday a year. Could anybody confirm or disprove this for me as i'd like to know if im getting screwed out of 5 days holiday and if so point me to a source of this information. thanks guys and gals steve

We did spend on our son, I just didn't tell you what we spent it on not really any of your business really, tbh that isnt important, the point i was trying to make was that if you can find an error that the tax credits department have made then there is a damned good chance you wont have to pay it back. Believe me, we make sure our son has everything he needs and more, but also if myself or my OH would like something and since the money was there I see no problem in that. Furthermore you have no idea in relation to my personal circumstances, but thanks for your input and I hope you carry on contributing in a positive way

That's great news! can the other side request a copy of this too? I feel like part of the family on this post now

Hello Jedguard, I am not one of the more experienced people on here however I might just be able to help. Last year myself and partner were in the 2nd year of receiving our child tax credits, we filled in all the paper work as normal and sent it off, we then got more paper work, keeping a copy of everything as a paper trail, in the end we must have had 5 or 6 child tax forms sent to us, each time we checked all the details, disputed any problems we found and finally the forms stopped. I was running low on money and had to pay 40 pounds to be a problem with my car sorted - i'd done a deal with the garage to pay for the repairs as i simply couldn't afford them in one go. By pure chance I went to get my car and due to me and the mechanic\owner talking i forgot to pay - good job we got on well, it was a pure accident, when I got home he called me and said just come and pay tomorrow, great I thought. I logged onto my online banking wondering if i had enough money to put some fuel in my car, at first I thought it said 40 pounds, I logged out thinking I can't have that?!?! maybe 40p lol!, logged back in I didn't have 40 pounds I had 4554.72 or close enough I was almost sick over my laptop. I had received a payment of over 4 grand as tax credits. Now i'm not eligible for tax credits working or otherwise, so I rang up the help line and gave all my details and simply asked 'are all my details with you correct and upto date?' myself and the lady from the helpline who was very helpful went through all my details and everything was fine, she said 'all your details are fine Mr 7790'. I come off the phone and did a little dance, then waited for the other half to come home, I told her and she said ' ive had 956 put into my account'. What did we do as money lovers, we spent hard! no joke! I got paid the following day and sooner than you know had almost 6000 to play with. I traded in my old car bought my current car, the OH bought a new wardrobe of clothes, we sorted our son out all sorts. Then came a letter... we have over payed you by xxxxxx amount.. uh..oh. We got all our paper work out and scrutinised it, we hadn't lied, whats the point, all our details were correct, sums added up, everything was ok at our end. The next 2 months were both a bit of hell and nervewrecking at the same time, lots of phone calls, emails we had a ton of new letters from the tax credits office trying to explain what happened. Then! they key to it all, the little booklet you get, turn to the back... complaints procedure, this little baby made our day. I cant remember the wording but it states something like if we have made an error you wont have to pay anything back, so... we complained like crazy, in the end we had somebody assigned to us to investigate the matter. We were bricking it! everybody, friends, family telling us you'll have to pay that back... a month later the dreaded letter arrives, not only had the investigation gone in our favour, we were able to keep all the money, apparently whilst the OH was on the phone to somebody sorting her details out he/she clicked the wrong box hence the huge over payment, they admitted letting us down and would strive to not let it happen again. Now whilst my case is nothing like yours apart form the over payment, you must complain! and follow it through, it is their mistake not yours! like it says in the leaflet you will have got, if we have made the mistake, you owe us nothing. If you need any help let me know, I have all the paperwork from my tax credits problem and if I can keep the money because of them, then so should you be able to.

Hi wannabe, I must have read your thread three times over, its great to see you doing so well ( if it can be called that, maybe progressing is better) just wondering with your video of the events on your property, how do you add this to your defence? can you do this as part of amending it? I'm just curious to know, no other reason really I also didnt want to be left out lol!