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About melsy784

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  1. I sent my van to be repaired at a local garage and he has sent a bill that is almost double the dealer quote. They have done no extra work and are quite clearly trying to rip me off. When I've disputed the bill they've said they are placing a lien and charging storage until I pay. the storage charges are hidden in the garages t&c on the website which I didn't no existed until he sent the storage bill. I understand I should pay under protest then reclaim but I've found out the owner is bankrupt and the garage is I liquidation therefore I'm reluctant to pay the full amount as there's little chance I would get any money returned if I took the matter to small claims court and won. Could I pay him the amount I think is right ie the amount the dealer quoted and then issue proceedings for release of the vehicle ??? Any help great fully received
  2. Could you furnish me with the CEO's email address - i too am having issues with VM. They have placed a default on hubbys credit file because we dispute their charges !!!
  3. They have ordered the immediate removal of the default notice, I have tried to find a solicitor but think I will need to ring the law society in order to find one that has knowledge of this sort of thing
  4. My husband had a default issued against him by Lloyds Bank andalthough they admitted that they never sent out any statements or the defaultnotice, they refused to remove it from his credit file, and he subsequently reportedLloyds to the Financial Ombudsman. The Ombudsman has informed my husband that they have foundin his favour. In the time that it has taken to resolve this matter, wehave taken out a mortgage to build an extension and because of this default wehad to pay a higher rate on our mortgage and have been unable to gain any othercredit. My question is can we make a claim against Lloyds forregistering a default incorrectly and if so what could we claim for? Many Thanks
  5. Hi Rebel - I thought we could only recover damages for the vehicle from MIB not loss of earnings ? Mwynci - The insurance company were aware of the accident immediatly and appointed a loss adjuster to come and view the van within a week but they refused to aknowledge our involvement in the claim because my Husband wasn't the driver and the van is in a company name. We rang them every week until finally the police released an accident report to us which proved we were an interested party. By this time nearly 18 weeks had gone by. This has crippled our business - we have enough trouble just getting paid off our customers, I never thought being hit by a stolen car could cause so much hassle. Greasemonkey I have forwarded copies of the same van for sale on autotrader but they just won't budge and say because an engineer says that the trade value of the van is what they've paid then we can't benefit by having a van thats worth more Thanks all for your replies
  6. One of my husbands vans was written off and although the other parties insurers are not disputing liability they are refusing to pay our loss of earnings claim. They have said we should have got a loan to replace it - despite the fact we have adverse credit and didn't no if they would admit liability as the car was stolen. They've also paid out nearly a £1000 less than we could possibly hope to buy a replacement van for and are refusing to increase their offer. Please can anyone advise me if a) can they refuse to pay loss of earnings by saying we should have bough another van ? Even if we have a default notice on our credit history ??? b) can we demand they replace our van with another ? All help would be gratefully received
  7. Hi All I'm not sure I'm posting in the right place so please point me in the right direction if necessary Three years ago my partner and I ran up mortgage arrears with YBS, and in January 2008 I made an informal agreement over the telephone to pay these off at £100 per month. I was advised that if I did this for 6 months I could then capitalise the arrears as that was when our mortgage deal was due to be reassessed. We paid as agreed and capitalised the rest of the arrears in August 2008. Our deal with YBS has come to an end and when we have tried to remortgage elsewhere for a better rate I'm shocked to find the YBS have placed a note on our credit file that we entered into a special arrangement and that lenders consider this to be akin to a default on your mortgage. This was never explained at the time nor did I agree to enter into a formal agreement and my husband knew nothing about the £100 per month arrangement. I have written to them complaining that they have in effect tied me to them for 6 years however they have replied with a fob off Do I have any way of getting rid of this from our credit file ????
  8. Hi Please can someone point me in the right direction as what to do next - the story so far is as follows ; A default is on my credit record and is showing 'special instruction indicator - default paid in 2008' The default was in fact paid in 2006 - two years previously. The CRA state that the information is correct because Lloyds told them so and Lloyds state they have no longer have a record of this account. In effect this means that neither the CRA or Lloyds are prepared to deal with the matter I'm trying to get a mortgage - unsuccessfully - and this default date is causing a huge problem as most lenders willing to do mortgages to people with defaults insist that they must be older than 3 years Therefor can I seek some sort of redress from the courts ? Is there anyway to make Lloyds remove or amend this from my credit file ? I am loathe to go through the information comissioner as past experience has left me with the impression that they won't do anything anyway ! All help gratefully received M
  9. Thanks for the replies - just to clarify The terms & conditions are contained within the signed agreement that they provided and do not state information can be exchanged He has already complained to the information commissioner who do not want to no ! They sent a fob off letter saying that there is nothing they can do to force BC to remove the default notice :-?
  10. Please can someone provide me with some advice as to whether I can have a default notice removed from a credit file under the following circumstances.... My husband signed the contract for a barclaycard - which we have been provided with a copy back in 1987. The contract does not state that information may be exchanged with other credit reference agencys however Barclaycard registered a default notice on his credit file in 2005. The account is now closed and a part settlement was made but we really need to have the default notice removed as we are struggling to get some essential finance with this default on his credit file. We have written to them and the Information commissioner but they still refuse to budge Can anyone advise me as to whether I could sue them for breach of contract or is there another avenue I could try ??? Many Thanks !
  11. No the adjudicators office has told me I cannot ask for clarification re the funds and yes the council has put it in writing that I cannot have my money back. The bailiffs won't even speak to me ley alone reply in writing !!!!
  12. Thanks for all the replys so far - I think I'm right to issue considering the comments on here. Both the bailiffs and the local authority have had a LBA notifying them of my intention to seek legal redress and they have both told me to get lost and as there is no facility to ask for a clarification from the adjudicator re refunds as this situation has never arisen before I don't consider I have an alternative Thanks once again - I'll keep you all posted but I'm off to the court
  13. Hi All I need some help as to who and on what grounds can I reclaim money I have already paid to a bailiff - a brief synopsis follows In January a bailiff visited with an warrant for £281 due to an unpaid PCN issued by my local authority in August 2007. I had received a NTO and returned it however the local authority claimed they had never received this. The bailiff was very agressive and I paid him under duress but immediatly filed an out of time stat dec applic and a stat dec - both were accepted and the tribunal directed that the 50% increase in the penalty charge be cancelled and that the matter be referred to an adjudicator for a final decision as the council still wished to persue the ticket. The adjudicator directed the council to cancel the notice to owner as the PCN had been issued over 18 months ago and as the PCN had been lost during this time it was not in the interests of justice to persue the matter. The council sent me a refund of £95 however they are refusing to repay the outstanding £186 and the bailiffs are refusing to pay the outstanding £186 as they claim that they were acting in good faith as agents of the local authority. I now intend to make a claim in the small claims court however when I issued the council with a letter outlining my intention to sue them (notice of claim) the borough solicitor replied that he would respond to any such action by applying to have the case struck out and seek costs against me as I had failed to exhaust all other avenues available !!! I refuse to be bullied and consider that I should get back my £186 as I should not be liable for the payment of the bailiffs fees ! Can anyone advise me as to any relevant case law ? Or has anyone had the same experience ?? Many Thanks A stressed out law student !
  14. You can appeal on the grounds that you did not receive the ticket at the time of the offence or the notice to owner form because you had moved house You must point out if you did notify DVLA of your change of address any delay in changing your address must be due to them - not you If you are successful and your statutory declaration is allowed this will revert the ticket back to its original amount and you can either pay it or object to its issue
  15. If the tickets were issued by your local authority and are being enforced by a private bailiff - yes you can do something but you need to act quick ! Get online onto www.trafficpenaltytribunal.gov.uk and apply for first an application to make a statutory declaration out of time and at the same time file a statutory declaration stating you did not receive the ticket and any subsequent correspondence. Print copies of these off and fax them immediatly to the bailiffs office - this stops all enforcement action Your case will then be considered by a tribunal who are independant - you will get notice of the hearing and this will allow you to put forward your case Hope this helps !
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