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waterlicked

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Everything posted by waterlicked

  1. No, I said the debts were probably over 10 years old. They were from when she lived in a flat before moving back home into her mothers house. Cca request sent on 4th July, acknowledgement of the letter received on 11th July, letter about closed account on 14th july
  2. My partner started to receive letters from a company called Lowell financial a while ago. When I saw them alarm bells started to ring and I did a bit of research on here. From what my other half tells me, these debts were from well before we met so are probably 10 years or more old. The debts were from capital one, three, jd wiliams, and shop direct. We sent a cca request and £1 postal orders for all the debts. Lowells have acknowledged all the cca requests and closed the three account. It has now been a month since we have heard anything from lowells about the remaining 3 accounts. We have checked on experian and it seems lowells have 2 of the named accounts showing as in arrears for about 4 years. From what I read on another post, my other half should not pay them anything ever. They have failed to provide any of the original documents so as far as I can tell they are unenforceable and should be off her credit record after 6 years. Am I correct And should we be worried about it?
  3. I really would appreciate any help with this problem. I have received a letter back from the court saying that direct bikes are challenging my claim. the reasons they give are as follows. 1. the claim is invalid as I've sent the claim to the address that is published on their website in the contact us section rather than to the registered company address. 2. I have failed to provide evidence of the alleged fault despite several requests. 3. the goods were signed for in good condition and I did not notify them of the fault in writing within 48 hours as required under their terms and conditions of the sale. so now for me to address these claims. 1. i sent all correspondence including the formal letter of rejection, lba, and claim to the address that is listed in the "contact us" section of their website. 2. i have spoken to, and emailed db numerous times to explain that the scooter with the fault is far too dangerous to ride to provide video evidence of the fault, however, a friend of mine who is an experienced motorcyclist, took advantage of a road closure and volunteered to ride the scooter to allow us to video the fault. after he had ridden it up and down my cul de sac, he refused to ride it any further stating it was far too dangerous. the video has been sent to db but they are requesting now that we do another video. neither myself or my motorcyclist friend are willing to risk breaking the law to attain further video evidence. i would be happy to email over the video i have to anyone who may be able to help. 3. the crate was simply dumped on the pavement outside my mums bungalow where my other half was hurried into signing the paperwork by a rather irate delivery driver. even if i had been given the chance to inspect the scooter, i would not have found the problem with the steering until i came to ride it. i had it delivered to my mums bungalow as i was currently in process of moving house on the weekend that it was delivered. they are stating that i signed for the goods as received in good condition, well, the crate didn't look damaged. how can you visually see a fault with the steering? they also say that i didn't report the problem within 48 hours of delivery, well they are right, i didn't report it until after I'd unpacked the crate 4 days later. are their t&c's reasonable and lawful? what about dsr and soga? i did speak to db on the day i unpacked the scooter to report the problem and i was given the phone number of their technical advisor. he asked me to perform a few checks on the scooter but we couldn't resolve the issue. the tech guy said that the scooter needed to go into one of their approved service centres. i was told to email db to find out the nearest service centre to resolve the problem but they only told me where my nearest one was 2 days AFTER they had received my formal letter of rejection, and before i had even received the paperwork to register the scooter. i really would appreciate any help and advice. I'm fed up of losing sleep over this and I'm at the end of my tether
  4. thank you for your help. I'm just worried sick that I'm going to be left with a worthless and dangerous scooter that was sold faulty and I won't get my money back
  5. the situation has escalated. I registered on the government gateway (which took 2 weeks), so that I could use mcol. I filled in all the details and paid my £60 to serve the claim. I have now received an email from direct bikes and it says... DIRECT BIKES (Direct Bikes) Jul 31, 18:16 WE ARE IN RECEIPT OF YOUR CLAIM THAT IS BEING DEFENDED IN FULL. TO DATE WE HAVE RECEIVED NO EVIDENCE OF ALLEGED DAMAGE DESPITE NUMEROUS REQUESTS. TO CLARIFY AGAIN IF YOU ARE UNABLE TO TAKE A PHOTO THEN PLEASE PROVIDE A SHORT VIDEO SHOWING THE ALLEGED DAMAGE. IF YOU ARE UNBALE TO TAKE IT YOURSELF THEN PLEASE GET A THIRD PARTY TO VIDEO OR PHOTOGRAPH. Kind regards, Direct Bikes http://www.scooter.co.uk THE UK'S NO.1 SELLING 50CC SCOOTER CONFIRMED BY THE DVLA *
 they HAVE been made aware that the scooter is unsafe to ride due to the steering problem. what should I do next? how can I demonstrate the fault to them? from what I read in the email, they are going to defend the claim. I'm really worried and at my wits end with this company.
  6. i decided to contact Barclays to try to get a refund. they said they were unable to help due to the scooter still being in my possession. I am determined to get my money back. how do I start a claim through small claims court?
  7. I sent direct bikes a lba as advised and gave them 14 days to issue my refund. today is the last day of the 14 days and it doesn't look like they are going to refund me. I'm now stuck with a faulty scooter in my garage that I really need out of the way. the scooter I bought to replace it (I need it to get to work) is being left outside because I can't get both scooters inside my garage at the same time. what would be the best way to go about getting my money back? as I understand things, I have 3 options. 1. ask Barclays to do a chargeback, 2. file a claim in small claims court, 3. file a claim using mcol. which route would you suggest I take?
  8. the paperwork came through about a week after they had received my letter to them telling them I'd rejected the scooter
  9. ok thanks. I'm not going to reply then. as you say, they know where I stand on the matter. thanks for your help and i'll keep you up to date with any developments
  10. I sent them a lba by registered post yesterday giving them 14 days to refund or I would be taking them to court. I am of course willing to follow through with court action. I have also contacted my bank for advice too. I bank with Barclays and from what I understand, they don't want to get involved with a chargeback until all other avenues to resolve the problem have been exhausted. in the meantime, should I reply to their email?
  11. I replied to the email as you suggested and I've had a reply back. it reads.... DIRECT BIKES (Direct Bikes) Jun 18, 11:33 You advise that the vehicle is damaged, please show us by return email either by photo or short video the damage so we can see your alleged issue. You are put on formal notice we require this by close of business 19th June 2015. Any attachments need to be under 1mb in size. Please note for any damage you are required to sign for the goods damaged or refuse the goods. 12.2. If the Goods have been damaged or shortage upon receipt, you are required to check the goods before signing receipt. If the goods are damaged or there is a shortage you are required to sign for the goods stating on the delivery note the damage or shortage or refuse the goods. You agree to notify us of that damage / shortage in writing by recorded delivery to our contact address set out in clause 1 or by email to (email address), and in each case you agree to send that notification within 48 Hours of the delivery of the Goods in question. It is not possible to purchase a vehicle form us without prior agreeing to the terms and conditions of sale. The courier has advised you have not signed for the goods damaged or refused the goods and have signed for the goods in good condition. Kind regards, Direct Bikes how should I respond to this?
  12. I've had an email from direct bikes. they are requesting that I take photo's of the alleged problem with the scooter. how am I supposed to take photo's of a problem with the faulty steering? should I reply to their email or continue down the road of sending a lba?
  13. thanks for the reply. i pointed out the 2.5 miles as there is a possibility the bike wasn't exactly new, and there could have been a possibility that this scooter has been sold before with the same steering problem and returned back to them only for them to try to sell it on again. i'll prepare the lba and i'll send it off on Tuesday if i don't hear from them. i will of course keep you updated. thanks for your help
  14. update. I sent direct bikes a letter by royal mail special delivery on 4/6/15. the tracking info says it was delivered at 11.36am on 5/6/15. the letter I sent reads as follows... Dear sir/madam, I write to you today about the scooter that was delivered to me on 29/5/15. I am notifying you that I am rejecting the scooter and want a full refund of both the purchase price and delivery costs. There are 2 reasons for rejecting the scooter. Firstly, I paid for a new scooter, but there are 2.5 miles on the clock so the scooter is not new. Secondly, after I unpacked the scooter, a serious fault with the steering became apparent so the scooter is damaged on delivery. You have been notified both by phone and email about this fault and the seriousness of it's nature. Under the Distance Selling Regulations Act, I have 7 working days to examine the goods. I am well within the time scale required. Irrespective of DSR, under the Sale Of Goods Act, the scooter was not as described and damaged so it is your responcibility to collect the scooter at your expense and to refund me the full purchase price including delivery costs. I would like the scooter to be collected asap and my refund within 7 working days. You should take this letter as part of the pre-action protocol and if the matter is not sorted out to my satisfaction within the 7 days, i will be starting a claim in the county court to recover all my costs and expenses incurred. the 7 working days will be over tomorrow and I have not heard anything back from direct bikes at all. they haven't made contact to either collect the scooter, or to arrange my refund. what should be my next step? should I have to send a letter before action to them? what are my options?
  15. thanks for the reply. i'll send them a letter by rm special delivery in the morning telling them that I am rejecting the scooter and want a full refund inc delivery costs. I will also contact my bank and ask them for their help/advice with the problem. is there anything in particular I should include in the letter with regards to soga and dsr?
  16. hi there, I found this forum by accident as I am having similar problems with direct bikes as the op. my scooter was delivered on Friday 29/5/15. I fitted mirrors and battery and drove it down my driveway to make sure all is well. it was at this point that I discovered a violent wobble with the steering. I've got no confidence with the scooter at all and directbikes have been very slow respond to the problem. they are aware through email of the steering problem, but I really want to return it and get my money back. unfortunately, I paid by debit card because I don't have a credit card so I have no protection that way. am I in my rights to return the scooter for a full refund and how should I go about it?
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