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Cab1ne-Lombard-Shoosmiths **Claim Recieved** - ***WON***


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the cash price of my vehicle was £16683.28 which also included 6mnth raod fund licence, (the dealer paid £107.25 for the raod fund licence). the creditor has added £145.25 to my agreement for the raod fund licence + £2919.57 for vat, would that be normal ( or b**********cks

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LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further (Insert number of days remaining) days to comply.

 

Yours faithfully,

 

 

 

 

[name]

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LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further (Insert number of days remaining) days to comply.

 

Yours faithfully,

 

 

 

 

[name]

 

"TOP DRAW"

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ime going to get more comments on this as unsure

 

a vehicle sale is inclusive of vat , so why is the dealer (CREDITOR) adding vat

 

cant comment on that one for the moment as unsure

 

thanks post

 

me thinks me got a right pigs ear with this bunch of cowboys

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have copies of the lot already "except" the paperwork they sent to hammonds uk to visit my house and give me greif. so i have sent them another S.A.R ( can we do that "S.A.R them more than once")

 

 

now i wonder why that is

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  • 3 months later...

would a creditor be right in assuming that, the date of them signing the agreement would constitute the dates that payments are to be made rather than the payment date that should be within the prescribed terms on the agreement:confused:

Edited by cab1ne
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would a creditor be right in assuming that, the date of them signing the agreement would constitute the dates that payments are to be made rather than the payment date that should be within the prescribed terms on the agreement:confused:

im not sure i follow what youre asking??

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im not sure i follow what youre asking??

 

the dates of payment should as i believe be in the prescribed terms, but they are not. the creditor insists the payment dates fall due on the 7th of every month because they signed the agreement on the 7th of the month

(confusing)

 

cab

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completely acceptable to set it our like that

 

the date is not essential as its a schedule 1 term

 

schedule 6 just sets out that there should be a term stating how the debtor may discharge his obligations from a combination of the points set out

 

(a) number of repayments;

(b) amount of repayments;

© frequency and timing of repayments;

(d) dates of repayments;

(e) the manner in which any of the above may be

determined;

or in any other way, and any power of the creditor

to vary what is payable.

 

that is what the law requires

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completely acceptable to set it our like that

 

the date is not essential as its a schedule 1 term

 

schedule 6 just sets out that there should be a term stating how the debtor may discharge his obligations from a combination of the points set out

 

(a) number of repayments;

(b) amount of repayments;

© frequency and timing of repayments;

(d) dates of repayments;

(e) the manner in which any of the above may be

determined;

or in any other way, and any power of the creditor

to vary what is payable.

 

that is what the law requires

 

correct me if im wrong,

 

i thought a payment date was a prescribed term.

 

if the payment date is not inserted into the agreement how would the debtor be aware that it has to be paid on that date.

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that is why it is a schedule 1 term, its required but not a prescribed term

 

i would have a read of the Consumer Credit Agreements Regulations 1983

 

being a required term but not a prescribed term, would that have any effect on the agreement (conditional sale pre april 2007)

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it would render the agreement improperly executed and therefore requiring an order of the court for it to be enforceable against you,

 

pt thankyou for clearing my head slightly, would,nt s127(3) be an issue or would it not:idea:

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