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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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My rights to hand car back to dealership


Lauren1302
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Hi guys,

 

Not sure if am on the correct part to post this so apologize if i am just looking for some advice this is my first post.

 

We bought a van 3 months ago on HP and every month the van has broken down on us we have been told by the garage that it has been injector problems each time so this time we decided we didn't want the van anymore couldn't trust it at all the garage tried to hit us 1300 quid usage fees it's done below average miles and nothing wrong with the van what do ever.

 

We have contacted the finance each time it's broken down they then told us the price of usage fees they are asking for was ridiculous and would put a complaint in. So this morning we had a phone call from the finance telling us they have spoken to the garage but they have told then it hasn't been the same problem 3 times it's been different problems so basically lying to them to cover themselves.

 

Every phone call with the garage is recorded and every phone call they have told us it's been Injectors again.

The finance company have basically said that the garage have covered themselves well knowing that they have lied yet we have to take the van back and be shafted again surely we have a good to stand on somewhere here?

 

Hopefully this makes sense

Thanks

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It would be helpful if you can space and punctuate your posts so that it makes it easier to read for people who would like to help you.

 

Please look at the Consumer Rights Act and you will see that if a defect occurs within the first six months of the contract, you have a right to insist on a repair and if the repair fails then you are entitled to insist on a refund or a replacement at your option.

 

If you had reacted in the first 30 days then you would have had an automatic right to a refund or a replacement.

 

Write to the garage – email and also recorded delivery – and tell them that you are asserting your rights under the consumer rights act and that you are giving them a single opportunity to repair the van and if they fail to do so then you will be insisting on a refund.

 

Is the van working? Can it be taken to the garage? You will be able to claim the costs of delivering the vehicle to the garage and also any other losses that you have sustained during your period of ownership.

 

What is the name of the garage and also which is a finance company that you are using? They are all leading you around by the nose

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I have suddenly realised that there is an important question to ask you – did you buy this van as part of a business or as an individual consumer?

 

If you bought the van as a business then you will not have the benefit of the consumer rights act, but you will still be able to complain and to make a claim – although it might be slightly less straightforward.

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The first problem was in the first month of having the van. The problems have been reported from the beginning to the finance company.

 

The van is in an individual customers name. They have never compensated the money we have paid for the van to be towed to them neither have they gave us a courtesy van.

 

The finance company have basically said we need to take the van back surely this can't be right?

 

Specially when there words were they've covered it well knowing that they have lied

 

The garage was bridgend group and finance company is close brothers

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You seem to be suggesting that this van was sold to an individual consumer and not business. That's fine but you need to be sure of this because it could come back to bite you if it turns out that you are representing a trade purchaser as a private buyer.

 

It's actually not correct that you are responsible for getting the van back to the garage – but frankly to save a lot of hassle this might be the best thing to do and make sure that you keep all the bills relating to this and then claim afterwards.

 

If this van was sold to a private consumer then you should send the letter which I suggested above.

 

Is this the company? https://www.bridgendgroup.co.uk/

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  • 2 weeks later...

I'd hedge a bet and say this a Renault/Vauxhall Traffic or Movano shared chassis and engine type of Vehicle?

 

I would tell your finance company that

A: your intention is to reject it under the consumer rights act,

and that you're taking it back to the dealership on XYZ date,

where you will be leaving it at their premises,

and getting a refund at best

or a replacement vehicle at a compromise,

 

or

going down the small claims track at worse.

 

Either way THEIR asset will be at the dealership where you purchased it and that after rejection be expecting them to either take on new vehicle details or cancelling the agreement.

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don't forget to fill out the V5c if you do too.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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