Hi All I bought a new Audi A5 under a HP agreement in 2012, the final lumps sum payment is due in March 2016. I have just discovered my engine IS affected by the VW emissions cheat device. As I understand it, the finance company is liable as well as VW, will be quicker and easier to deal with the finance company than join a class action against VW Under the CCA 1974, can I claim against my HP finance company on the grounds that: 1. The vehicle was not as described (i.e. emissions etc. not as quoted) 2. the vehicle is not fit for purpose (emissions cheat device fitted (knowingly) and Mileage, emissions, fuel consumption not as quoted) Is there any template for this type of letter? Any advice would be most welcome as a £10K final payment is due soon, thanks John

Hi all I am afraid i will no longer be attending the pub party in Cambridge on 13th July. Barclays have just made me a full settlement offer!!!!!!!! so you guys might want to nudge a bit yourselves

Well recieved written offer of full settlement yesterday!!!! money not in account yet, when it is i will contact court and cancel BTW court date was 13 July

Hi guys I got the same thing, no AQ just this pre trial review at Cambs County court 13 July @ 3:15 PM. i am debating if i should push for an AQ etc to get this moving, i think if all of us were to do the same thing it might help sway the judge???? BTW i am fighting Woolwich / Barclays

OK Totally cnfused now i need some advice on what happens next??? A defense was filled and got the pack in the post. First page states that: "It is ordered that the filling of an allocation questionaire be dispensed with in this case unless the district judge at he court of transfers orders otherwise" Is this good or bad??????? then i got a letter that a pre trial review will take place at my local court 13 July, what is this???? and what do i need to bring etc etc?

Woolwich entered a defense yesterday 1 day after the 28 day deadline, MCOL was not working properly so i could not get in my judgement by default but i think the defense would have been accepted either way. guess i am waiting on paperwork frm the court now?

The woolwich acknowledged my claim today (on the 14 day dead line) so it looks like they have another 14 days to enter a defence? What happens next? will i now recieve a questionaire from the court? or will this not happen until an actual defence is entered, which i guess will be on deadline day again? the last cliam didnt get this far!!!

It just gets more comical! i just checked my woolwich account (out of habit) I set up a new account last month, so dont use woolwich at all, yet they have paid out £225 to someone today, taking me over my overdraft limit!!! Called to ask what it was, they cannot tell me until tomorrow!!!!!!! I asked how it could possiblly go out at all, since there are no DD's, standing orders or cheqes on the account????? The operator confirmed it as not a debit card transaction, (i knew this already, as the card is not used) How can a bank just pay out funds without any authorization or evening being able to tell me where the money has gone?????

I filed my claim against woolwih at their corprate headquarters, bexleyheath address below The Woolwich Watling Street, Bexleyheath, Kent DA6 7RR MCOL recognised this address as well

Can anyone answer my last please?

Got another reply from woolwich/barclays today. Thanks for letter blah blah blah, but after careful consideration they are unble to agree to my request. the next line cracked me up "Should you now wish to accept our offer, please sign and return the acceptance form enclosed. However, if you do no wish to accept this offer and you now intend to start legal proceedings it would appear are unable to reach an amicile resolution" still pushing the offer..........should i wish to start legal proceedings.......... To late started yesterday, 13 days for them to respond, they now will have to cough up court costs plus interest. Should i reply again to this latest letter to reject this offer and inform them of proceedings etc, or should i just wait as they will find out soon enough anyway????

yes that letter is fine. if you look at my thread i have posted both refusal letters i sent. Hope it helps

I posted this one first: Response to settlement offer. Dear Ms XXXXXX Thank you for your letter dated 19/02/07 Ref # XXXXXXXXX. I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £795.00 I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. My Letter Before Action dated 14/02/07 indicates that you have until 01/03/07 to respond before I commence legal action. My deadline remains the same despite this offer. If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall commence legal action on the date stated above. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter. I trust this clarifies my position. Yours faithfully Then they upped their offer by £90 so i sent this one: Response to settlement offer. Dear Ms XXXXXX, Thank you for your letter dated 22/02/07 Ref # XXXXXX. I notice that you have increased your settlement offer from £300 to £390. Perhaps I did not make myself clear in my previous 3 letters. I require all unlawful charges to be returned to me, the amount totals £795.00. I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £795.00 I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. My Letter Before Action dated 14/02/07 indicates that you have until 01/03/07 to respond before I commence legal action. My deadline remains the same despite this second offer. If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall commence legal action on the date stated above. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter. I trust this finally clarifies my position. Yours faithfully I have not had any reply since the second refusal letter so filed MCOL today, it will be issued tomorrow, i expect i will have to wait till court date now before anything else happens

OK MCOL Requested today. Fee Paid, should be issed tomorrow. I have written my letter to the court and included a schedule of charges plus interest, to be attached to my claim. I cannot remember, do I need to send another schedule to the bank? or do i just wait until i hear back from the courts etc?

Hi all Been through the proces last year and woolwich settled in full, but then over the past 6 months they have nailed me for more charges to the tune of £795!!! so sent the request letter, sent the LBA.........they offered 1/2 in settlement Refused the offer.....the next day, they upper their offer by another £100 (still way short!) But at least they ar quicker to reply than in my previous claim! Refused this offer today, pointed out that LBA date is 1 march, andi will file on this date if full settlement is not recieved. Will let you know how this pans out!

Hi, i recently offered my two remaining creditors 70% of outstanding debt as full and final settlement, and both did excpt it. BUT..........i had been paying these off on a debt management plan for years, so the is a difference to your situation. I would say, get a template letter, write to them and see what they say. Worst thing is they say no, you are in no diferent position that you are now, and you can always try to negioate. Best of luck

just be careful hey still dont enter the default against you. i had an arrangement to pay with them, they agreed the amounts, froze interest,accepted the payments, but still entered defult on my credit file. i am fightingthem now to get this removed, as i feel its not an acurate reflection of the account, but not having much luck as yet!

I am having problems with an entry in my credit referece files that RBS has made, i have satisified all my creditors through a DMP through CCCS. All other creditors have made entries reflecting that i was on an arranged payment plan, Except RBS which showed the account 6 months in arrears right up to the date it was satisified in Jan 2006, yet i had been on a arrangement plan with them since 2000! The "6 months in arrears" entries really kill my credit rating, yet the aranged payment entries do not, i have asked RBS to ammend the file to show i was on a payment plan, yet they refuse. I am about to send them the following letter, and comments/ help would be most welcome! Thank you for you letter ref: xxxxxxxx However I am still not satisfied with your response, you have supplied me with a canned response, and totally ignored my request. Which I will again repeat, this account was paid off on an arranged payment plan, agreed between RBS and myself, any credit report entries should reflect this. I would like to point out the following statement in your letter: “As a responsible lender, we believe that it is in the interests of the credit industry to provide an accurate portrayal of our customers” I would like to bring your attention to the word “Accurate” As you are aware, I am afforded principled rights under The Data Protection Act 1998, Schedule 1, Part 1. In relation to the manner in which my data is collated, stored and processed. Of particular note, is Principle 4: “Personal data shall be accurate and, where necessary, kept up to date.” In keeping with principal 4 the entries on my credit reference should either reflect that the account was under an arranged payment plan (as ALL other creditors have done) and is an accurate portrayal of your customer, ie myself. Or that the account was up to date at all times, as the agreed payment amounts were made on time every month. I have already opened a notice of dispute with the relevant credit reference agencies. If I do not receive a satisfactory response in 14 days of receipt of this letter, I will make a complaint to both the Financial Ombudsman, and the Information Commissioners Office. If it is proven that your data entries were inaccurate, under the terms quoted above, I will start a claim against RBS, for any financial hardship caused to me, by your irresponsible data reporting. Further to the above comments, I have no recollection of ever signing a credit agreement that allows you to provide data to external agencies and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee. 2. You must supply me with a signed true and certified copy of the credit agreement. 3. Any deed of assignment if the debt was sold on I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that all data is removed from my credit files as unsubstantiated. Yours Faithfully,

deleted due to double post

opps double posted, sorry

I am having problems with an entry in my credit referece files that RBS has made, i have satisified all my creditors through a DMP through CCCS. All other creditors have made entries reflecting that i was on an arranged payment plan, Except RBS which showed the account 6 months in arrears right up to the date it was satisified in Jan 2006, yet i had been on a arrangement plan with them since 2000! The "6 months in arrears" entries really kill my credit rating, yet the aranged payment entries do not, i have asked RBS to ammend the file to show i was on a payment plan, yet they refuse. I am about to send them the following letter, and comments/ help would be most welcome! Thank you for you letter ref: xxxxxxxx However I am still not satisfied with your response, you have supplied me with a canned response, and totally ignored my request. Which I will again repeat, this account was paid off on an arranged payment plan, agreed between RBS and myself, any credit report entries should reflect this. I would like to point out the following statement in your letter: “As a responsible lender, we believe that it is in the interests of the credit industry to provide an accurate portrayal of our customers” I would like to bring your attention to the word “Accurate” As you are aware, I am afforded principled rights under The Data Protection Act 1998, Schedule 1, Part 1. In relation to the manner in which my data is collated, stored and processed. Of particular note, is Principle 4: “Personal data shall be accurate and, where necessary, kept up to date.” In keeping with principal 4 the entries on my credit reference should either reflect that the account was under an arranged payment plan (as ALL other creditors have done) and is an accurate portrayal of your customer, ie myself. Or that the account was up to date at all times, as the agreed payment amounts were made on time every month. I have already opened a notice of dispute with the relevant credit reference agencies. If I do not receive a satisfactory response in 14 days of receipt of this letter, I will make a complaint to both the Financial Ombudsman, and the Information Commissioners Office. If it is proven that your data entries were inaccurate, under the terms quoted above, I will start a claim against RBS, for any financial hardship caused to me, by your irresponsible data reporting. Further to the above comments, I have no recollection of ever signing a credit agreement that allows you to provide data to external agencies and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee. 2. You must supply me with a signed true and certified copy of the credit agreement. 3. Any deed of assignment if the debt was sold on I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that all data is removed from my credit files as unsubstantiated. Yours Faithfully,

hi buzby the problem is that the entries showing 6 months in arrears really badly affect my credit score, even tough the account has been satisfied for a year, if they would change them to arranged payment plan then my credit score would go way up, that is why i want them changed. have sent the following letter to RBS: December 18, 2006 RBS Mint Debt Recovery PO Box 6050 Southend on Sea SS99 1WL Dear Sir or Madam: RE: Acct # xxxxxxxxxxxx After a recent review of my credit reports, I have come across a discrepancy in your entries regarding the conduct of my account. For the months of April, May & June 2005, you entered a credit status for the above account as “6 months in Arrears”. I have two problems with these entries: 1. At the time the entries were made, the account was on an arranged payment plan, agreed between myself, RBS Mint and the Consumer Credit Counseling Service (CCCS). This plan and all payments were administered by the CCCS and paid directly to RBS Mint, at no time were payments missed. 2. As stated previously your entries showed the account as 6 months in arrears for a 3 month period, but then show the account as up to date thereafter until satisfied, yet no increase in payment was ever made, nor was a large payment made to supposedly bring this account out of arrears? As you are aware, I am afforded principled rights under The Data Protection Act 1998, Schedule 1, Part 1. In relation to the manner in which my data is collated, stored and processed. Of particular note, is Principle 4: “Personal data shall be accurate and, where necessary, kept up to date.” In Keeping with principal 4 the entries on my credit reference should either reflect that the account was under an arranged payment plan (as other creditors have done) or that the account was up to date at all times, as the agreed payment amounts were made on time every month (again as other creditors have done). I have opened a notice of dispute with the relevant credit reference agencies. Further to the above comments, I have no recollection of ever signing a credit agreement that allows you to provide data to external agencies and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. 2. You must supply me with a signed true and certified copy of the credit agreement. 3. Any deed of assignment if the debt was sold on I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that all data is removed from my credit files as unsubstantiated. Yours Faithfully, Any opinions on the above letter???

Any help greatly apreciated. For years i have been on a DMP wih the CCCS and have paid off most of my creditors. on ordering my credit report from equifax i see the RBS has entered in my credit report that my account was 6 months in arrears in Apr, May and June 2005, then up to date, then satisified in dec 2005. The account was part of the DMP and was paid religoiusly every month from feb 2001 until it was satisified. On contacting them (RBS) they refuse to ammend the entry to reflect that the account was on a payment arrangement, although all my other creditors do reflect this fact. The fact that i have entries of being 6 months in arrears really kills my credit rating, (it would read better if a payment plan was reflected) and also the fact that i was not in arrears, the payment plan was up to date with the agreed monthly payments. RBS will not budge on this, do they not have a legal responsibility to accurately reflect the status of an account that they provide credit details on? is they any way i can make them ammed the credit report? I have filed a notice of dispute with equifax, and have a list of all payment history for said account, yet numerous calls/letters to RBS result in the same response, as far as they are concerned they have entered the information the way they always do, and say they do not enter "arranged payment plans" onto credit reports. Surely this is not an accurate reflection of the account???? Any help is mot welcome, i need to apply for a mortgage soon, and the arrers entry is killing my credit rating.

Come on guys and girls does anybod know if i need the DPA statements to go to court? Or will the date and charge amount be enough, as the woolwich can obviously look those date up quite easily???????

Barracad thanks for the advice i agree with your points so i will hold off. This though has now triggered a pannick! I went to get all the statements sent to me from woolwich to get prepared for court etc...........and the missus has tossed them out!!!!!!!!!............arrrggghhhhh!! now i do have the date and amount of each charge i am claiming for noted down, so i can supply this information, but do not have copies of the statements detailing the charges anymore??? Am i screwed?