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  1. Hi can any one provide any information/advice regarding the following: We have hire purchase on a caravan with Evergreen Finance, and we are currently in legal dispute with our park owner Bourne leisure, we have requested written authorisation to remove our caravan from the park and have it transported to a new park, but they have refused and said we can only move if we pay the finance off in full? can they do this as it seems to be unfair to me and extremely prejudice regards our legal dispute with Bourne who evergreen are a subsidary. thanks in advance
  2. hi thanks for your reply, i was really just wanting some thoughts and feedback. regards
  3. Hi is anyone available for comment?
  4. Just a quick question, ive phoned evergreen today to get an arrears total, and a settlement figure and they refused and directed me to talk to their solicitor are they allowed to do this as my agreements are with them not the solicitor?
  5. Hi All, I come to cag again for a little advice to ensure what i am doing is the best way forward: Story so far: In 2013/2014 as a family and a company we purchased 3 holiday homes on a North Wales Haven site, this is the chronological events. April 2014 - First caravan purchased in cash - £18,000.00 May 2014 - Second caravan purchased (£7,825.00 dep - £23,412.96 finance - £31,237.96 purchase price) June 2014 - Third caravan purchased ( £13,350.00 dep - £16,650.00 finance - £30,000.00 purchase price) Plus decking £2500.00 June 2014 - First caravan changed following evidence of damp and mold, only after complaint and a threat to remove all vans from site. We then have a brilliant year renting out the caravans, and having many happy family holidays. April 2015 - After speaking with sales staff on site, and them asking myself to discuss our situation with the positive rentals, we decide to help others rent their caravans by advertising, cleaning, and paperwork/key handovers etc. April 2015 - change of manager on park (to a manager we have previous knowledge and problems with) October 2015 - Problems with manager, complaint put in January 2016 - Evergreen attempt repossession of first caravan February 2016- Bourne serve notice February 2016 - We request injunction and relief from court SO far, from our point of view, when we originally purchased from the park in question, we believed we had every right to rent out our caravans, using 2 for income and the third predominantly for our family and friends with very little rental. We built up what we thought a very good business with a strong client base, with no bad feedback from guest's, we did so well, that the sales staff on park began to ask me to talk to new prospective buyers about our business to encourage them to purchase, which i had no real reason to disagree with, as we were doing so well, entering into this as a business model rather than lifestyle. Obviously after a while i realised that there was a £1000 commission to pay on the sales, to which i think i helped sell more than i was paid for, under the recommend a friend situation. For the first year we had a real great time, the staff were excellent, the park was great, could not fault it in the slightest. The second year, it was suggested by a staff member, as we were discussing buying a fourth van, that instead of shelling out for a fourth van with associated cost, it would be easier to manager other peoples vans, leading us to have a larger fleet of availability, in addition, it would help other owners rent their vans etc etc, (looking back, as it was suggested by a salesman, i now know it was a way for Bourne staff to sell the older vans as they would be able to rent through us rather than Bourne as they have an age limit on rentals. It al started going wrong, when the new manager took over, we have had previous problems with Bourne/Evergreen, but it was resolved to satisfaction, and im not the kind of person to hold a grudge. However, it seem's the previous manager from the first park we had problems in, when they took over our current park did. Now in no way am i entirely blameless, we had a few issues with some of our customers which led to the park manager receiving complaints, which we as a business were attempting to rectify, as you can not please everyone, however, as a business, we would have assumed that the manager would have dealt with it completely different to the way it was dealt with. Without going to deep into it, the manager then took it upon Herself to get involved and threatened to terminate our pitch licences on all 3 of our vans, making accusations that i personally was being dis-courteous on park, i returned with a formal letter of complaint, and basically told Bourne leisure what the issue was, and my point of view, completely belief that this was a personal attack rather than the issue of the accusation. This complaint was passed straight to the manager i was complaining about, who then issued a termination notice, saying that in 14 days she will disconnect my vans and have them moved off pitch, we retaliated with court action to get an injunction against her removing the vans. The hearing went well, and the manager made an undertaking in court not to touch any of the vans while we were in court, the solicitor for them, submitted evidence as did i, but his evidence was very personal, stating and i quote, will not tolerate me on park, and that Bourne is a 89 million pound profit company, and anything they do could be compensated financially. Kind of brought it home that this is not a business thing and was very personal indeed. I then had to make formal complaint to the judge on submission of further evidence, as the solicitors in the case, and the evidence submitted, mounted to Perjury and Contempt of court in my opinion, and the judge took notice, and cautioned the manager. In the meantime, i received notices from Evergreen another Bourne company saying they were going to repossess one of our vans, honestly, we were struggling slightly, and other things mounted up, but we gave the local court return of goods by consent, and offered to keep to payments and pay cost/arrears monthly, which we have stuck to, but Evergreen attempted to take to another court and make out we hadn't. The solicitors then submitted evidence about our company/finance agreements and stated he was the same solicitor in each matter ( i personally think this is breach of confidentiality, as the manager, the solicitor and this case are all seperate, and the park manager should not have knowledge of our agreements beyond the signing, and the solicitor had no right to discuss our financial performance to the manager) It was then submitted in court that as a company, we have no legal ownership rights to the caravans we had purchased, as they were on hire purchase, and belonged to evergreen, i was under the impression they were on proper finance, and that as we had paid such large amounts of money for them they were our's, so i was misinformed on the date of purchase as it was not stated they were not ours, they were sold as being on finance and us as the owners. We were then sent a letter from the park (bare in mind we were in legal dispute over the actual site licence) stating as we had not paid our site fees on the 3 vans they were now terminating our pitch licence for that reason and would be disconnecting the vans, even though there was an undertaking in court. On Friday, we were told by a friend and sent pictures of all 3 of our vans being disconnected, when our friend approached the maintenance guy and asked what he was doing, the maintenance guy said ive been told by management to do this, i don't know why, cos we dont normally disconnect like this, he had cut the pipes and wires instead of just normal disconnection, i.e unplug electricity line, undo the gas line and remove the first leg of the water pipe, ive seen them disconnect many vans around my vans for various reasons, and never i have i seen them cut anything before. This was taken by me as a big two fingers to us. We contacted the court, and asked for direction, and i contacted the police and made a complaint of criminal damage. I have now had confirmation of another hearing date from court, and the police want an official statement. We then received a letter from the park manager after disconnection, saying that because we owe over £1300 on the first fully purchased without finance van, she enclose by way of notice pursuant to section 12 of the Torts (Interference with goods) act 1977, that she will sell the first van to recover the sums owed?????, I have had a quick look at this and find it difficult to see how she can do this. Any help and advice would be greatly appreciated, currently we seem to be fighting a company that has no concern for peoples feelings, or finances, and a manager with a personal vendetta that has been left to do what she feels like.
  6. Thanks slick for the advice i will do this in the morning.
  7. Hi dx thanks for the reply, how would i do that?
  8. Yes the call was recorded and they gave me a complaint ref number
  9. Thanks citizen, i have made a complaint via telephone is that not the same?
  10. Hi guys im really not happy here is the story so far... On the 27th sept 2013 i placed a chargeback request with barclays for 4 transactions. As the products/services were not received and after discussing with the merchant my dispute i was given the run around. I was told by barclays they would have to investigate the matter as the amount was considerable (just shy of 7k) and it could take up to 45 days. I posted a statement and supporting evidence to barclays within the time limit they requested and allowed them the time they said they would need. 37 days later i received a letter saying that they have requested evidence from the merchant and have to allow them 45 days to respond, again not happy but allowed them the 45 days. On the 46th day having received no response i called the disputes team and was passed from one person to another and was on the phone for hours, ending with i would have to wait another 14 days as they were still waiting for the merchant to respond. I then spoke to a solicitor friend who said to ring back and complain as they are out of time following the 45 days, the next day i contacted the barclays again to my surprise given the run around through different departments and different people which ended in me making a complaint and i was told someone would call me back before close of business. The next day after receiving no call back i again rang barclays to again be put on hold and transfered to lots of different departments, again after bieng on the phone hours i was told that they would email the chargeback team who would call me with an update but as of yet they can confirm no response has been made by the merchant. The next day again having no call back same as above happened. I the meantime my company is in desperate need of this chargeback money and in dire straights. Again having received no response from yet again another call back request i called barclays, this time bieng put through to a complaints manager I explained the situation and asked him to read the notepads on my account sympathetically he said he would email the dispute team as urgent and leave a message to contact me with my business manager. Who would call me within 3 hours...lo and behold no phonecall so i called back, same ritual, passed from pillar to post by many staff members, hours later told given the time of night nothing could be done and call back the next day. Next day same again run around like an idiot to be told the chargeback team have just had a response from merchants as we spoke and that they have sent out the response which i should reply to if i wasnt happy. Given the timescale and being so close go christmas i asked them go fax the response to me and was told because of the nature of its content i woukd have to go to a local branch to get the fax, i went to my local branch called them with the fax number and was faxed a letter 1 page saying please see enclosed, no enclosed pages. I then called them again after spending half an hour on hold was told they could not fax the attached evidence as it was confidential but they have posted it in ghe christmas post and there was nothing more they could do until i responded. Luckily 18 dec received the documents which said the merchant was not offering the service i paid but it only offered the service of transfering money?? So the chargeback was invalid, i called barclays again spent hours getting passed from one department to another to be told any response had to be put in writing, i typed up my response which was simply similar transaction to that of paypal so chargeback was valid etc etc with additional evidence. Went fo local branch and asked them to fax it direct to dispute team. After a couple of hours i called to be told my response was not on the system and i would have to call back after christmas. Today i called after bieng pushed around the departments was told i had to wait 7 to 10 days for them to respond to my response, i told them it had now been 87 days since i made the request given the time of year this would not be resolved ungil after new year and i wanted it sorting asap. . to be passed on to yet another department. Again explaining the situation i was told that they are sorry and sypathise but the chargeback team who authorise a chargeback can onlg be reached by email internally, and after the guy had spoken to his manager recomended i go to a branch and request a temporary overdraft so things were not so desperate. After confirming the branch in town had business managers who would help i drove to the branch was made to wait for 45 mins fo be told all the business team were on holiday and that an overdraft should be done on the phone. I left and contacted barclays again, was cut off twice after bieng on hold for 30 mins to finally get through 3rd time lucky. After asking them to read the now novel on my notepads i was told the only thing the advisor coukd do was contact my business manager to call me within 3hrs to arrange the overdraft as she was the only one authorised to do so. Waited 4 hours no call back. Contacted barclays again to be put on hold again and transferred again to be told due to the time of year and the time of night i would have to wait until my business manager was back off holiday as she hasnt contacted me she must be on holiday.. . so here i am 87 days after making a chargeback request spending over 100 pounds on mobile phonecalls to barclays to speak to every department who tell me they are not authorised to do anything but email and call other departments still waiting for someone to call me back and knowing all of barclays hold songs by heart to the point at night i hear it over and over again in my head. Any advice would be much appreciated as at this time im that frustrated i feel like driving to the card disputed team address i coventry and parking my car i thier bloody office and saying transfer that to the next department that couldnt care less and who dont have authorisation.. .im at witts end for the sake of barclays someone please point me in the right direction. Many thanks
  11. July 21st 2013 I went into PC world to enquire about a ipad, at first I was going to pay for one outright, after speaking with the salesman and telling him I need the ipad for work purposes and that the thing will constantly be on the Internet monitoring our cctv systems etc, he told me I could have one on contract, pay nothing upfront and the clincher, the Internet was all you can eat. So I signed up to the three network, we also have two contract phones with three which are completely unlimited, after the first couple of weeks I tried to go into our cctv system, and the three website came up saying I must top up, and my allowance will become active in 9 days, slightly peed off I turned the ipad off and used my phone instead, knowing iPads are practically useless without an Internet connection. After 9 days the ipad Internet connection became live again and I slowly thought nothing of it, to be honest at first I thought maybe it was because I had got the thing at the back end of the month or something. This month same happens again, told me my new allowance starts in 15 days. Really creamed I phoned three mobile and asked what they though they was playing at, and told that I was not on an unlimited tariff as they don't offer them on the ipad only on the mobiles. I told them that is not what I signed up to and now feel that I have been mis sold the product, three informed me I had 3 options, one cancel the contract and pay the remaining 22 months fees 2. Put a pay as you go SIM card into the ipad and top up for the remaining days until my allowance goes onto the account or 3. Pass the account to a family member or friend to take over who would not use as much data. I explained the situation and told them it was all cod as I can hotspot the Internet on my phone and therefore the contract would not be needed, the only reason I took the contract in the first place was because it was unlimited and I find it would be a quicker connection using three rather than a hotspot. I then complained and was told they would look into it. I contacted pc world where I got the ipad from and explained, they said same thing they would look into it, I feel I have been completely mis sold the contract, I was not given any paperwork on it, only the receipt ( should have worried as the sales person put the ipad through on the contract then realised he had done it wrong, so I had to pay £499 for the ipad, only for them to refund it back so he didn't have to cancel the contract and re connect another unit) I do need an ipad but need unlimited Internet with it, the connection is slow if I hotspot the device to my phone, Internet obviously needs to be mobile not from broadband in property. Has this been mis sold? What should I do next? Can I demand the service I asked for unlimited Internet?
  12. I have spoken to him again yesturday, the guy is really upset, i asked him to clarify some points, and at best they are a bit grainy. He said that him and tbis customer had spoken for some time over other business offers he hadand alternative investments, and the customer had mentioned that they usually use shares as an investment which were not returning the desired amounts. The original deal was to purchase property abroad, and the customer wrote him a cheque which he was not allowed to bank. The agreement which was not written down but verbal the changed to a loan for investment. Which the guy guaranteed to return personally. It was at a later stage the guy mentioned to the customer about a uk property. The money was then transferred into his bank and he returned the cheque, he gave a receipt for investment which was the only written document within this agreement but that was given when the cheque was handed over but never cashed. It all seems very complicated to me, but im assured by the guy that it was a general investment and nothing was agreed with where of how the cash would be spent. My opinion is neither party expected the worst and therefore xid not documeng what would happen should the worst become a reality. The guy has made several payments back to the customer and hopes to rectify the full amount as agreed verbally within a realistic time frame. I have told him to speak to a solicitor to vet tbere view on it. Thanks for your advice so far
  13. I have known this guy for about 4 years, and had business dealings with him in the past, all went as he said, I don't think for one second he is the fraud type, not that they have badges on them or anything like that. I can see where you are coming from though by definition, but as he has explained to me, the loan was not for a specific property, or purpose, the loan body as far as I can gather is the amount plus five percent, he says at no time did he he mislead the customer into the agreement. I don't know the customers background or anything like that and I am sure if I was to speak to them as ever there would be slight differences, but as I said this doesn't seem like fraud to me more like a business deal gone wrong, and they guy is returning the money all be it at a reduced amount. What are the defining points for you to feel that it is fraud by misrepresentation.
  14. Hi all, I was speaking with someone I know recently, who was having issues, I gave him advice but just want to check what everyone else thinks. This is what he has told me so far.. He was mentioned to a customer that he was interested in buying a property via auction, this property was valued at a lot more than it was expected to reach at auction, and basically the customer offered to lend him the money for deposit etc if he went to the auction. He went to the auction and budded on the property, paid the deposit via a cheque, knowing the full amount wasn't in the account yet but reliant on the knowledge the customer would forward the funds. (The customer is not connected with property a customer of the guys employer) On informing the customer the required amount to complete, the customer advised funds would not be available for a couple of weeks. Subsequently the cheque bounced, he then contacted the auction house and requested more time, which was allowed for ten days, or until the next auction can't remember which. Customer came through with the funds, and he contacted the auction house and solicitors etc, auction house informed the property had been resold to another party. He was then left with a contract of loan for the amount plus five percent owing to the customer. The solicitor informed sale had been cancelled, and that he would be responsible for the deposit owing. In order to try make the money owed, the guy used the money to pay off some of the debts incurred with the failed purchase, and invested the rest into his business. He since made payments to the customer but not at the agreed amounts, the business then failed due to ill health, and the guy does have cash flow problems, he contacted the customer and informed them of this and has made a payment since, and basically said would pay what he can when he can, the customer said they wanted a large payment weekly until sum is paid, which the guy can't make. Again he said he would pay what he can when he can and is a genuine lad to be fair. The customer has since contacted the police who have been to see him, they now want him to go into the police station alleging fraud by misrepresentation. I advised that this could not be the case and in extreme would and could only be breach of contract and in any case a civil mater, not criminal. Any thoughts or advice would be greatly appreciated and forwarded. Many thanks as usual
  15. I repeatedly asked the Liverpool branch for a settlement branch and gave them dates of the likely repayment in full. They ignored my requests Does this mesn you made no payments? I kept getting texts phone calls and emails telling me how out of order i was and i had to pay. I spoke with their management compliancy manager who confirmed that he could get a settlement figure out to me and we agreed that it would be paid within a 28 day period. Keep these they may be important later i made an interim payment to stop their actions escalating as they were leaving messages constantly and I kept the compliancy manager informed and gave him revised dates . How much did you pay in relation to the arreas? The day 8 am sat morn after i had a text stating my agreement had been cancelled by default and that they were taking action ti recover the vehicle. I emailed compliancy manager who confirmed in email that the text had 'been issued in error' and that the agreement was still in place. What day? keep the email confirming termination had been cancelled! 8 hours before my money cleared two bald head stocky tatooed guys turned up on my drive. Did these persons offer you SIA registration card? Did they offer to prove who they were? I asked what paperwork they had to recover the vehicle and they said they didnt need any paperwork. They showed me a corner aa piece of paper stating default 20th april - which relates to the the text message incident So they refused to offer paperwork proving that you were in default of they had legal entitlement to the car? My son offered to pay then on the basis that cleared sums would be available the day after. They refused to take his credit card payment Your son offered payment there and then? to who? the repo agents or the lender? and they REFUSED payment? The guys at the door told me if the money not paid in two minutes a tow truck would be called and the cost of removal had escalated to £400 They cannot charge you £400 for removing a car you have offered payment on? Their advice was to hand over the spare key as i was clearly being intimidated with a threat of things becoming unpleasant - this company already had the main key! Police are not civil law trained, they had no right to offer legal assistance and inform you that you should hand over your key to an unknow party at the door, who may or may not have illegally clamped your car!! this is outrage. I gave them the key they wouldnt give me a receipt They refused to give you a reciept?
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