panther12
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Everything posted by panther12
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This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
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This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
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This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
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This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
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Trying to collect judgement but bailiffs unsuccesful
panther12 replied to randm's topic in General Legal Issues
Although they have lodged an appeal and ticked for a stay of execution of the judgment, until their application has been dealt with and a decision made the judgment remains live and can be enforced. I've not read all the thread but their application for permission to appeal looks rather poor to me. Depending what the judgment said about payment I think I'd have put the pressure back on them and started the ball rolling with enforcement, preferably HCEO if it's above the threashold. -
You can do it all online without sending off any v5 and relying on the post. If you want to surrender tax by sale or sorn, to claim a refund you have to do it before the end of month and it's when they receive it. if you post it dvla say on the 29th and they don't receive it till 1st of the month you loose that months refund. That's why doing it online is better cos you get instant notification. And if the last day of the month is a Sunday, I think you can do it online up to 4pm.
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You sure this was an actual legal solicitor you saw and not someone soliciting other services!
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Arrow/Reston claimform - M+S Credit Card'debt' well sb'd
panther12 replied to junglelion's topic in Financial Legal Issues
If it's not too late and you can sense that the hearing is not going well, try to get in that before the hearing you attempted to come to an amicable agreement with rectums but they dismissed any talks of settlement as they wanted the hearing to go ahead regardless to seek full costs. Mention that these cases would ordinarily be allocated and bound by small claims track rules but rectums are well noted for their manipulation of the court system and often allow defended claims that should normally proceed to the small claims track to become stayed without good reason, then months later pop out of the woodwork with threats to withdraw the defence and pay up or they seek to apply for summary judgment with full costs on the indemnity basis, which is not what the small claims was intended but rectums do this to maximise their costs to the full. -
Arrow/Reston claimform - M+S Credit Card'debt' well sb'd
panther12 replied to junglelion's topic in Financial Legal Issues
I did say it's what they do back in post #32, (although I was out by £100). The defence was based solely on SB so all rectums have to do is show that it's not SB. Their WS in support of their SJ/strike out app and is what the hearing is to decide was posted back in Jan. OP had 7 days before any hearing scheduled to submit any statement opposing their app - so had 6 months to prepare something. OP's best option was to come to some settlement agreement by way of tomlin, which I thought that was what they were doing as I can't see the hearing ending well if a flawed SB defence is all that rectums need to overcome. Even if the judge does adjourn to allow the OP to amend their defence to introduce other issues, there's a good chance the judge will still allow rectum wasted costs for todays hearing as all their preparation and time has been to overcome SB and nothing more as nothing else was pleaded in the defence. -
Cabot/restons claimform - cap1 card debt - poss SBd
panther12 replied to leerob695's topic in Financial Legal Issues
If you think it may be SB then the dates they say the contract entered between defendant & cap1 must be wrong otherwise it can't be SB. -
Section 27 of the Hire Purchase Act 1964 The fact you did an hpi check which showed it to be clear should go in your favour. http://www.carterlaw.co.uk/client-wins-vehicle-repossession-dispute-with-motonovo-finance/
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If you've filed the AoS to extend the time to submit defence, if you are 100% certain it's SB I would first write to them pointing out out any debt they claim owining is SB and that will be the focus of your defence to their claim. As they have no prospect of success invite them to withdraw their claim, giving them a timeframe to reply within the time so you don't miss the deadline to file defence.
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So how did it go in court?
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Auction or not it was advertised that there was a discrepancy in the mileage and if the only issue is the mileage I don't understand why OP is so shocked about it and went ahead knowing there is a discrepancy in the mileage.
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I don't believe advisories are a valid reason to reject a car under CRA (unless the items have been described as good) and dealers are not obliged to correct any advisory - only the fail items. The previous advisories haven't been removed and will always be available to anyone who wants to search previous mot history, which is why it's usually a good idea to do that before buying a car and use any unfixed advisories as a negotiation tool. Advisories are subjective (some testers like to flex their power and go to town with the pen and some don't bother) but not a reason to reject. Certain items of the MoT can be subjective and left to the testers own discretion & judgment - I believe vosa take the view that if in doubt a tester should pass & advise. I do think you'll struggle with a rejection under CRA if the only issues flagged up by your own inspection are a faded indicator lens and leak in the flex, which I'm sure for those items the dealer would be happy to correct.
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Doesn't make much sense to me. Reported to vosa because it should have failed on 2 issues and have 8 advisory's which should have been on it since 2013!
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Tomlin Order Settlement Question
panther12 replied to obiter dictum's topic in Financial Legal Issues
I've done a F&F on a TO for someone I helped. Not a huge amount and I think there was around £500 left owing and we offered £300. They made a counter offer of £400 which we accepted. It had to be paid anyway so at the end of the day £100 in our pocket was better than a slap in the face with a wet kipper. Our TO was with Arrow and I sent the F&F proposal email to the main legal bod at Arrow who I had previously been corresponding to when negotiating the TO. As long as the basics are covered there's no need for any court involvement but as an added precaution we arranged the F&F payment from a 3rd party. After confirmation of the F&F payment we didn't hear anymore from Arrow when the time came when the TO would have been settled had we not done the F&F, Arrow wrote to confirm that the TO has now been paid in full and the matter now closed. -
When applying for a new v5 did you tick yes in the box that asks if you previously had a v5 in your name for that car, and the date you became RK. If the previous v5 was at a different address, I think there's also a box to enter the previous home postcode. Looks like they've taken your application for a v5 as a new owner, has the number of previous keepers increased
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£110 bailiff fee is the cost of a warrent of execution for cc bailiffs. As there has been no details forthcoming whatsoever I can only assume that the debt in question is so pidley that it didn't even make the threashold to be transferred to HCEO for a fee of £66. But as no one has ever seen any official court order/doc I stand by a previous post that the whole thing never happened, only in the OPs head.
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2nd Hand Car missing spec (Evans Halshaw)
panther12 replied to Smitho3's topic in Vehicle retailers and manufacturers
Is there much of a price difference between similar age/mileage models with and without stop/start. I guess if the price you paid was more to reflect the advertised features that it had stop/start, then at a minimum I'd expect to be refunded the difference in price. -
If you taxed the new car before 1st April you will have to pay the entire previous months tax which is presumably why you have paid tax for both March & April on the new car. I don't think you will get a refund for the April DD tax on the old car as you didn't cancel the DD before it was taken out and it was April before dvla received notice of the sale. To have guaranteed getting the April refund, if you couldn't cancel the DD in time you should have declared the car SORN (online) on 31st March at the very latest. I'm afraid it looks like you have paid a wasted months tax on a car you no longer own plus a month's tax for both March & April on the new car.
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There are 2 issues here. If you simply cancel the DD it doesn't cancel the road tax from the date you cancel the DD as you will have already paid for that entire month. If you cancel the DD after that months payment has already been taken you can still legally drive the car (as it is still taxed) for the remainder of that month. The road tax only becomes cancelled part month from the date that dvla receive notification of any change such as sold or declared sorn. You don't get any refund for that. I've no idea what you've done but what you should have done (if selling and buying another car on 1st April) is to cancel the DD on the old car after the March payment had been taken. You would still be taxed to drive it the entire month of March because you have paid for that month. When you pick up the new car on the 1st April you tax it starting from 1st April.
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If you cancelled DD in April, after they had already taken 1st Aprils payment, you notified you sold car in April so they won't be taking anymore monthly payments for that car. If you purchased new car on 1st April & set up DD tax you shouldn't be paying March, assuming you didn't own or set up the new DD tax for that car in March.
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The court used to send a last chance 7 day warning letter to pay but since the recent new rules regarding trial fees I don't think they do anymore. They may still be playing catch up with the post so might be best ring them and see if they will still accept payment over the phone.
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Yes that's correct. They take monthly payments on the 1st of the month. If it was 1st April when you notified them, like I say I don't think you will get April refunded as it's not a complete month.
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