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Everything posted by RCT40

  1. Hi, I'm really hoping for some advice on how to proceed with an issue I have with car finance if possible. I don't want to name the garage/finance company. I purchased a car in April 2012, and lost my job in October the same year. I struggled to maintain the monthly payment until December when I contacted the garage/finance company in the hope of a reduced payment, or even a short payment holiday to tide things over into the new year, and expected to be back in work around April time. To cut a long story short when speaking with the manager director and explaining my situation, he lost the plot and insisted on repossessing the car on that day, although to avoid a scene outside my home I reluctantly agreed to drop the car at his garage. The garage sold the car, in January 2013 and has since attempted to claim close to £8,000 being the balance of the agreement after the sale of the vehicle. However until now I have received an annual letter to which I have posted a standard response due to issues over the sale of the vehicle, and at one point I did make a complaint to OFT about their conduct. The reason I have decided to post today, is that I've received my annual letter, this time it attempts to address some issues I raised more than three years ago, although with a rebate making the sum outstanding £5,000 - should I not chose to accept this offer I will receive a county county summons within the next couple of weeks - I've heard all of this before, but I think this one might arrive. The vehicle was purchase with a fixed sum agreement, and a bill of sale, it is this that the owner suggested gave him the right to insist on the return of the car the very same day as the telephone call back in 2012. Look forward to any assistance, or insights into where I stand with this. regards rct
  2. Back in February this year I booked a two bedroom family room at a hotel in marmaris, Turkey through travel republic. I'm currently at the hotel in Turkey where I have been provided with one room which has four single beds for myself, my wife and two boys (15,17) which is not what I'd paid for. I complained directly to the hotel manager who told me that a room of the type booked wont be available until 13th August, which is the day after I go home,and offered a compensation of free air on (worth £30) in exchange for a letter stating that I will not attempt to obtain compensation from him, nor will I post negative feedback on Trip Advisor. I think this is a bit cheeky and have refused to accept the £30 or provide a letter. I'm wondering where I stand on this, as it was booked through Travel Republic in the uk, I'm hoping that its a breach under the Sale of Goods act as the facilities provided are not fit for purpose. I've had excellent assistance on this site in the past and was hoping that the community could advise where I actually stand, and how I ought to proceed with this. Thanks
  3. I've been harassed all day by phone even though I called in sick. I have been asked to resign, so decided I can't do this anymore I have resigned and offered to work out my three months notice! Unite never got back to me, so I think they go down in history as a waste of time and money.
  4. Emmzzi you make it sound quite reasonable, guess it would be if that approach was used consistently with other members of staff. I do agree with your get the evidence approach though.
  5. Honeybee thanks for the advice. I am very upset to find myself in this position after over ten years loyalty to the company, i was the fourth member of staff, there are now twenty three. I've been a member of unite for almost a year so I hope they can assist otherwise I shall be cancelling the direct debit . Other than a grievance I don't know where to go, as you know you spend most of your time at work and I don't think I'm one of those people that can just grin and bear this sort of treatment especially as most of the last ten years have been a pleasure.
  6. Thanks for the feedback both, the other two are not taking time off at the same time as me. I'm particularly annoyed that there is a suggestion in there that I'm attempting to rip the company off for hours which is something I've never done in my ten years at the company, and I also have thirteen days leave left that I could have used had I not had toil hours available. I have gathered some emails of interest, since starting this thread I have told this director that has approach appears to be a personal problem with me. I had similar issues around this time last year with another director who remains in the new structure and at that time I took four weeks out on work related stress, I also joined Unite who I contacted yesterday but still await a response from the . I'm considering using the company grievance process, I'm looking for alternative employment and I'm also considering handing in my notice which is three months. I do however think that these people ought to be brought to book by way of a tribunal or something...
  7. Got there in the end. During August after inclusion of ACF car finance I defeated both Advantage & ACF car finance and made a decent sum of money for my troubles. Take a tip from someone who has learned avoid Advantage Finance and ACF CAr Finance if they are you last options get a wheel barrow instead - for all the stress over the last two years I would have been better off hanging on to my old car. Best of luck to all in their endeavours, and remember never give in that's what they want you to do!
  8. I've worked for the same company for more than 10yrs, and until 1st October was the IT manager with management of two staff. A completely new director structure was introduced on 1st October which meant a flattening of the management structure meaning that the two staff I managed are now at the same level and we all report back to the director of strategy & operations. I have for some reason retained the job title of IT manager although it is completely meaningless as this director has eroded most f the policies of IT including ISO and procurement although there has been no discussion or agreed change to my contract. The two IT guys have to cc me into requests to this director for leave for toil as I need to 'co-ordinate' IT these days, in the last week both have requested toil leave and in both cases the director has responded with 'yes, no problem' ie no questions asked. Today I also requested two days next week, the response of this director was that he needed to see signed time sheets from my previous line manager proving that these hours were available for use, this is completely different treatment to that of my colleagues. It's my opinion that this person is making life rather difficult for me. I wonder how peeps think I ought to approached this, thanks in advance for any help.
  9. Hi guys claiming back my money is still on going as the finance company are now suing the garage in a part 20 claim which has really slowed down the process - also forcing it onto the fast track. I'm quite comfortable about all of this, the only query I have is that I've made a claim for a loan I was forced to take to purchase a replacement vehicle. They reject this part of the claim suggesting that they should not have to cover the cost of money I borrowed as deposit on I vehicle of which I now have possession and enjoyment of. Whilst this might be true surely the interest of these loans should be reimbursed, because in my opinion I would not have been in this additional debt if the vehicle they provided had been fit for purpose. Anyone's thoughts on my position with regards to issue would be much appreciated.
  10. Binouille Thank you for your thoughts, but your incorrect from the point of view of private property. Both Nish and I have a hire purchase agreements not a bill of sale which I would agree is a totally different kettle of fish. In our cases permission has to be provided for the company to enter private property and remove the vehicle otherwise it breaches the agreement - this is a fact. I'm not sure where Nish is in his battle, but currently Advantage are suing the garage that sold me the car as a part 20 claim, my only outstanding query is that I was forced to take loans to replace their vehicle and they are challenging my claim for these loans as they say they shouldn't have to pay the deposit on the replacement vehicle. Whilst this might be true I believe they should cover the loan interest as if the vehicle they provided me had been in good condition I would not have suffered the debt of the loan interest at least. Any thoughts on this issue appreciated.
  11. I would also be grateful for swift sterlings account details. I have similar issues.
  12. I would look at someone like ACF, but don't expect much I don't believe that a good finance company for people with bad credit exists. They are more about putting you into a worst position if they can get away with it.
  13. I've got the order from all of the hearings, and the solicitor and will happily scan redact and PM to you if you can advise.
  14. Surita, I've had a solicitors letter today stating that my counter claim is above the scope of the judges decision, i.e. I've asked for damages and costs, but the judge ordered that I can reclaim all monies that I gave to dis-advantage. They are asking for a 28 day adjournment and permission to provide a defence to my counter claim on the grounds that it is above the scope of the judges directions - also they plan to sue the garage that supplied the vehicle (although quiet what that has to do with is unclear IMO). Looking forward to Wednesday not!
  15. Guys, This thread is becoming really confusing with all of these other issues going on.... Anyway update - I've filed a counter claim Tuesday just gone and court is 1st Feb. In my counter claim I've asked for all monies paid under the agreement, reimbursement of a loan I was forced to take to cover the deposit on a replacement car, LiP and cost of the application. All of a sudden today I've received an N434 Notice of change of solicitor. Really not sure what to make of it... Any thoughts on what their game is, solicitor is Wilkin Chapman LLP of Grimsby.
  16. SoGA is a statutory right and so cannot be waived or avoided. I just won a court case against a finance company on the very same thing - they tried to say that SoGA had been waived.
  17. You have an absolute right under sale of goods act to 'reject' this vehicle. In the first six months the onus is upon the seller to prove that the faults weren't present when purchased. I would suggest that you write to the finance company/and/or dealer stating that you want to 'reject' the vehicle under the sale of goods act. It won't be straight forward I did similar and ended up getting the finance companys claim dismissed, but if your problems are as bavaria ad you say you should have no problem sorting it our in court
  18. Nish, its sounds like a complete mess to me and Advantage appear to have you going around in circles. Did you at any point write to them and 'reject' the vehicle - from my experience this seemed to be my saving grace in court. I would head down the route of getting them to take the vehicle away if possible, but make sure as well as any reports you also have photographic evidence. You suggested to me way back that I get in touch with Keith Charlton, have you not done this? Not much use to me though to be honest, I ain't no cactus specialist - but I know a p***k when I meet one - never read so many lies on one piece of paper in my life. My only worry for you is the length of time you've let go by, two years and a load of repairs yourself could well mean that you did have in fact accepted the vehicle.
  19. Surita, No need to be sorry you've not worried me at all just trying to get my head around it. So as well as the money I paid them I actually had to take a £1200 loan and sacrifice my £1500 performance bonus to replace the car from dis-advantage finance for a vehicle that was fit for purpose. Also claim an hourly rate of £18 for each hour spent putting my case together and attending court? Thanks for your help Damian
  20. I've used the the form and leaflet finder but don't seem to find anything related to CPR and PD 48. I'm really not sure about causes of action or restitution I will be seeking - I had no idea about any of this, a counter claim for all monies paid/to be put back in the postion before the agreement is all that I know about.
  21. I've not received a date, but he said the next available date in or around 28 days. If you can point me at any information that would be brill!!
  22. Sounds like a nightmare, but at least you got there in the end. I wasn't aware that I was able to claim costs as all the work I did myself - I'll definately need to have a look at what I can get out of this before filing the counter claim.
  23. Thanks wannabe, couldn't have done it without your encouragement at the beginning. You never did say whether you were successful in yours! The judge was absolutely brilliant, he ripped the Legal Manager to shreds - very impressive to watch!
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