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gmbunn

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  1. Hi folks, I’ve got a difficult question I hoped somebody could assist with by shedding a bit of light on my position. I took a VW car lease out through a dealership which was fine, then several months ago I took advantage of an ‘early termination’ scheme they offer whereby you take out a new lease with VW finance and the dealership buys the existing car from them. This is an essential part of the scheme. A national dealership agreed a new lease with me and agreed to buy the existing car from VW finance. There was a shortfall of £300 and they took payment from me for this, then delivered the new car and collected the old one on the same day, back in October. I have been paying the new lease for several months and assumed all was fine, until i received a final warning payment demand in relation to my old lease, which was apparently 3 months behind on payments. I contacted VW to discover the dealership never made the final purchase payment and as such, I’m still liable despite not having the car! I now have several months of missed payments on my credit file. To make matters worse it’s time to renew my mortgage and the interest rates I’m being offered are much higher than those advertised (the only negative entries on my credit file are these missed payments). I’ve contacted VW but they claim they can do nothing as the contract is still live due to the dealership not making the settlement payment. I’ve contacted the dealership to complain but I keep getting fobbed off with excuses blaming staff who ‘no longer work for us’ and promises they will resolve this. That was 4 weeks ago and it’s still not resolved. Can anybody suggest how I can move forward with this, considering the company to blame is actually the dealership?
  2. Hi guys, I wanted to get the opinion of members here as a relative is having a hard time and although I don't know the legislation, I'm pretty sure it's unlawful. Here's the situation: My sister used a nursery for her daughter whilst studying at college, which was funded by a college program to encourage people to take up college courses. The program paid the nursery direct but still sent receipts to her. This ended about 4 months ago. Last week she received a letter from a debt collection agency demanding payment of approx £1400. This is alleged to be the cumulative shortfall between what the funding program paid and the nursery charged. This was the first time she's heard anything of the issue at all. She's questioned this over the phone and was told it was £220 per week, not the £160 she remembers (and the exact amount paid to them by the childcare funding.) She's checked with the funding people and they have confirmed all payments were made by them to the nursery. She requested a copy of the contract and they firstly told her they didn't have one, then told her it was in the post, then a week later when she called again they gave her a different address to request it from. Yesterday a single sheet arrived which they are calling the contract, however apart from the intro blurb about who the nursery are etc, the monthly fee box is empty. She has signed it, but it seems really strange to me as there's no terms on it. So she's signed to agree to nothing? She also found a previous invoice sent to her after a payment was made, which states the monthly cost is the weekly value x 52 divided by 12. Funnily enough this works out to be £160. Does anybody have an opinion on this or know anything about contract law? She's a single parent and debt collection agency letters really terrify her. Any advice would be much appreciated
  3. Thanks for your reply, it was paid by card. Yep the mechanic had no issues telling me it hadnt been serviced, which was strange considering he'd just turned off the light..
  4. Hi Guys, Looking for your opinions on a really stressful situation I've found myself in. Any comments appreciated! I visited a used car dealership interested in a specific car. The dealer told me if I wanted it, it would be fully serviced and would have a new MOT before I took it away. The dealer provided me with a paper print off with the same details showing. I did purchase the car a week later the service light came on. I called the dealer and was told "the garage must have forgotten to reset it, bring the car in and I'll take it up to them for you". I thought this unusual as it was the dealers stamp in the book and not the garage he said had forgotten. a few days later I visited the dealer and he wanted me to leave the car with him, I insisted I came too and we drove to a mechanics garage. Although I couldn't hear what was being said, it looked like the mechanic was refusing to turn the light off initially, but eventually he came and did so, after a long conversation with the dealer. The next day it still didnt feel right to me, I visited the mechanic and he told me he had not done a service on the car at all ever, and had only carried out an MOT. I went to the dealership and the dealer became quite angry and shouty, telling me he never said he'd service it fully, and had changed the oil, which in his opinion is an 'engine service'. The advertisement clearly states 'full MOT and service before the car is driven away". He clearly falsely advertised the car and has now even had the service light reset, knowing he hadn't had a service done at all! If a dealer will act like this and the mechanic he uses is willing to reset service lights without doing the work, I'm worried if even the MOT was carried out properly! Where do I stand legally on this? What options do I have? Thank you!!
  5. Hi, thanks for your replies. Ive started the ball rolling with the NHBC dispute resolution service but its not as straighforward as it might seem. Theyve told me they'll play an independant part but that the responsibility lies with the developer during the forst 2 years and that should be my main point of contact until they are no longer responding to my calls/letter/emails. I'll look into formally writing a notice before action. Thanks for all your advice!
  6. Hi all, I'm looking for some advice on an ongoing issue with a new build property I purchased 7 months ago. I won't name the developer on here as I'm worried it may prejudice their efforts (if they ever bother!). I purchased the new build house from a national developer for approx £1000 more than the identical property next door as it had a reasonable sized garden. This was given as the reason for the price difference. I have a little girl so stretched to afford the garden so that she had room to play. Within a few months we realised we still couldn't walk on it without sinking about 5 inches in and finding water pooling just below the surface despite a period of 4 weeks hot weather and no rain. The problem was reported and the developer literally couldnt have done less to help. They dug a small trench and said wait another few months. Nothing changed at all. When it rains the garden and pation slabs flood completely and I cant leave by the back door because of 4 inches of water against the step. The developer has agreed its a problem and state they will correct it but as its an expensive job, it needs to be 'signed off' at a director level. I was told to wait a few weeks for this to happen. It's been almost 20 weeks of letters and calls but I continually get fobbed off. The NHBC are now involved but are being given the run around too. I saved for years and years to get a deposit that was enough to get a home suitable for my daughter, so I'm really stressed and frustrated with this. I've been told by a legal executive who lives nearby that it might be worth taking them through the small claims court eventually, but I have no idea what would be reasonable - I've been without the use of my garden at all since June 2012 - 7 months. It cost me an extra £1050 on the house price just because of the garden. The developer charged £695 to turf the property before we moved in. They've made 2 appointments to visit which I've taken time off work for, which they failed to turn up at all to. Not to mention the increased laundry costs of having to use a tumble dryer continuously as I cant get to the outside line at all, countless phone calls and letters. Two questions, is it reasonable to ask for costs (or damages) and what would be a reasonable amount to claim? I have no experience with this and would appreciate any insight. Thanks Gary
  7. Yes contributions paid as per normal since I've been in work. I do have a wife who works part time but its only about 19 hours as we have a baby. I don't have any savings or assets to speak of. Thanks for the reply ill get in touch with them.
  8. Haha, I guess so long as there's a right turn to take, you have a point!
  9. thanks for the input crem but I can assure you that you're mistaken here. The OP's issue is certainly an 'absolute' offence - off the top of my head I believe the OP will have committed the offence under reg 29 - traffic signs regs and directions. Though I may be wrong as there are a few alternatives that could be used depending on the specifics of the box junction. The offence is absloute as it's automatically complete when 1) The exit was not clear when you entered the yellow box junction. 2) You entered the yellow box junction and stopped behind a stationary vehicle. 3) Part of your vehicle is inside the yellow box junction and your vehicle is stationary. The exceptions are obviously in place for stopping to turn right, etc etc. - The council will (officially) have no discretion when it comes to absolute offences and I'm sure if the OP writes to them, this is exactly the reply he'll receive. I actually empathise with this situation, hence mentioning the option of arguing his case at court if he pleases. Oh and by the way, I dont work for the council and never have, but nice guess. 'Darkside' was a tongue-in-cheek reference of course, but traffic offences were very common things to deal with in my role...
  10. Having worked for the 'darkside' for a long time I can tell you this offence is what's known as 'absolute' - meaning basically that if you did it, it doesn't matter why, it was still an offence you committed. There's some good advice on earlier posts about the council/road safety partnership needing solid evidence, so that's a route you could explore properly, but one thing I would stress is that contrary to most people's impression, the courts are impartial until evidence is presented to them. They're there just as much for you to put your side of it across as they are to hear the prosecutions. I know it's daunting by nature but if you really feel you had no way of avoiding the situation, explaining that to magistrates may go your way.
  11. Hi guys, I'm hoping somebody can give me a definitive answer here. I have been in full time employment for ever, never having claimed benefits. Recently I moved jobs and a problem arose whereby my new employers expected start date was delayed. I waited out a month just using savings and what I had to make ends meet but then I found out the delay has pushed my new start back another month! I've signed a conditional contract etc so it's def legit, but I've now been unemployed for a while and I can't have no income at all. I've looked for immediate start temporary jobs but as you're prob aware, it's not easy to just find something. My questions are, do I qualify for JSA in this interim period of unemployment? If so would I still be expected to go through the 'looking for work' motions, and will the job centre be happy to process my claim knowing that although no date is set in stone, I'm likely to be back in work within a month or so? Any advice would be great. Thanks
  12. Thanks for the advice. Maybe I need to find somebody with a professional background who can come and test the soil. There must be a limit for acceptable saturation.
  13. Hi guys, my very first post here so feel free to wade in with any comments or suggestions.. I purchased a persommin new build in june and paid for the turf to be laid in the back garden. I was told it was very recent so stay off it for a month. Two months later the grass looked good but the ground underneath was so wet and spongy that simply walking on it leaves deep dents. I asked the landscapers to look and they said "yep, you need a land drain, it's boggy". So I took this up with the persimmon site manager who got really irrate and said the landscapers had no right talking to me etc etc. He blamed the 'rain' and said to just wait. A few weeks later and no improvement I wrote to the regional head office and within a week the site manager was back to look. Still quite curt and short he said I'd bought a standard residential build and couldn't expect the world - I actually bought a 3 bed detached and it cost me everything I've ever saved. I have a 1 year old baby and not once have I been able to allow her on the garden which was one of the reasons for choosing this plot! eventually the landscapers were back to put in a french drain. They rotavated the existing turf into the soil, dug a trench (french drain?) and then relaid turf afterwards. It's been 6 weeks since and the turf looks great. BUT, the ground is still spongy underfoot. Not as bad as before but still to the point of leaving dents. I really have no idea what to do or who to approach next. It's so stressful and incredibly difficult trying to deal with them now I've actually handed over my money! Any advice or comments would be great.
  14. Hi folks, My wife dropped my iphone down the stairs while using it (shes pregnant and a little clumbsy at the moment) and the phone was severely damaged. The screen shattered not just cracked and thr home button fell out completely. The body has also come slightly away from the backing, exposing the components. All in all a right mess. I took it into apple to see about a repair and they laughed at me. It would take a 'small miracle' to get this repaired. Also they said as its the oldest model (3G) they dont offer repairs even if it was doable. I doubted it but on the off chance, I called my insurance company to see if i was covered. Amazingly they said I was and that a company called IVAL would collect and assess the damage before a replacement would be sent, and that I would have to pay £100 excess. Today they've called and said they can repair the screen and that everything else works fine. This will cost me £100. Im really concerned as the chap in Apple told me it would never be fixable. I know for a fact it was not just the screen needing repairing so im concerned the work IVAL will be doing may be substandard or just a bit of a patch up that'll go in a month or so. Ive held insurance all my adult life but have never claimed once, can I request a replacement as im not happy for a repair? A bad repair will cost me £100, plus loss of no claims, plus if something does go on me in a month say, I bet IVAL would claim its wear and tear and not a result of their work! Im really lost with the rules and rights surrounding insurance! Any advice would be great. Thanks
  15. Hi folks, Several years ago I go into a lot of difficulty after a redundancy and ended up in the proverbial. It took a lot of hard work and some very stressful times (including 2 defaults) but eventually I managed to straighten things out and now all is back on track. I got hold of my stutory credit file this week and theres a debt on there from a mobile phone provider (02) for £566 - defaulted. Its dated 2006 and has had no update since. I haven't changed address so I couldnt have got 'lost' in the system, ive simply just never been chased for the debt. Obviously this means its a big red default on my file. Should I approach them and offer a token settlement? If so, are they likely to accept? Or will it start the whole debt collection dance all over again? Any opinions would be appreciated!
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