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Everything posted by rennai

  1. Body work isn't too bad and mileage was 128,000 miles and I thought it's okay for diesel car of that age, and it's a 7 seater which I desperately needed. On gumtree the seller has a bit of history in selling cars. I might contact Gumtree but I'm unsure if they can give me more details about this trader given that dvla refused to provide further details but only said car was transferred to a trader, and then dvla guy said I can fill and submit particular form (V88 I think) if need further details. I checked mot history of car and all seems ok no note of previous engine fault, and on physical inspection no oil leak, etc. When I'm buying used am more particular about engine problem as i don't mind fixing other stuff. WhatsApp message from trader to me: "SK14 1QQ Burkitt Street Hyde pls let me know what time you'll be coming" I just got this address from Bowden Cars website: John Street, Hyde SK14 2HB So it's different, I sincerely thought said trader was a small scale car dealer who uses gumtree to sale cars, I didn't know he was dodgy. On the slip he filled in Bowden Cars Ltd but, on Bowden's website the seems to be alot of cars on display
  2. 26 Dec 2019 bought 2005 toyota corolla verso for £1600 from trader on gumtree. Two days after car broke down, smokes coming out exhaust, Oil change & EML came on. Since then I've had 6 breakdowns and AA reports said DPF, EGR Valve problems. Car can't go into regeneration. Rang trader on mobile posted on ad Gumtree (Bowden Cars Ltd based in Dukinfield) but no response, google bowden cars found the website and rang landline they said it wasn't them that someone must have used their business name without permission, I rang them back after couple of days saying I raise a court claim against them they then said it seems I dealt with a guy from Bangladesh who they have had complain in the past that he uses their company name to sell cars, I asked why is the guy not answering they said that the guy traveled to Bangladesh, They refused to provide further details of where he lives, etc I have spent over £350 on diagnostics from Toyota dealer, full service, fixing brakes, wheel alignment, but the car is still misfiring, sluggish to drive and too much smokes still coming out of exhaust. I saved screenshot of ad on gumtree where on trader described car as excellent condition. We exchange text msg via whatsapp so that's saved. However it is strange that when I test drive said car no smoke from exhaust, except scratches and dents due to age and spongy brakes and loose handbrakes which I don't mind fixing. I have receipt and small green slip (new keeper's), and transfer to trader was done online via dvla and I have got V5C. I don't know if I can raise a claim against company name, as I don't know the guys name and transaction wasn't done in a garage. He said he buys and sell cars via gumtree. Any help will be appreciated please.
  3. letting agency said obviously, for credit score, etc checks, right to rent check, previous proof of rent payment, etc
  4. Hi All I'd appreciate any advice on this please. I collected keys for rented house on 15 Nov 2019 and moved in on 18 Nov 2019. However the landlord accepted my application for rent on 8/11/19 but I had to wait for checks by tenant Data UK which was completed on 15/11/2019. The problem is that the housing agent told Council I started renting house on 8th Nov 2019 and Council issued me CT bill starting from 8th Nov 2019. I contacted Council to amend bill but they said no that if I don't pay I'll receive a summon soon. I pay rent every 15th monthly. Please guys is Council Tax Bill calculated from the date one moved into the property or not? Or at least from when tenant collected the keys?? Thank you.
  5. Great Site this is, I have received lots of help since joining this forum and I believe many others must have benefited in one way or the other. I shall make contribution by end of this month when I get my salary. Keep up the good work guys. High Regards, from Rennai
  6. Update guys: Judge said Lowell won, that I've 14 days to pay Lowell. Judge said: It's not SB due to 3 pounds payment on 23/02/13, Lowell changed solicitor....not the paralegal that wrote WS. Lowell solicitor said if I insist on 5 yrs Scottish law on SB then I should've written to the court that they lack jurisdiction to hear the case, the judge agreed with her, saying that if she should go ahead to judge the case it'd be based on English law which specify 6 yrs. There and then I wasn't sure what my rights are on this point of jurisdiction?? The fact Lowell didn't: ---comply CPR and didn't provide any copy of the agreement they said I breached were all ignored by the Judge, Lowell ---Lowell were allowed to amend the amount they are claiming for at the hearing, and Judge accepted, she didn't ask why Lowell didn't made application to amend POC after some refund by HBOS for wrongly applied charges. Lowell raised action that I breached an agreement they don't know or they haven't seen or retained any copy, they couldn't say how much was the required payment monthly that I failed to make. Lowell solicitor said they are only required to comply with court direction for WS, etc, I said to the best of my knowledge that that should apply after the case was allocated because I made formal demand immediately I received issued claim from court. They raised matter on 14/09/18, I received court papers 18/09/18 I wrote Lowell CPR, etc the next day being 19/09/18 but they didn't reply until about 9 months. From SAR I noticed Lowell bought this debt 0.08, and now they are authorized for full payment of balance of an account that is dispute and the matter is still pending with FOS. All said, I thank everyone for advise I was given it was great tips but Judge didn't see good of any points I raised.
  7. dx100uk don't be surprise I'm not at that level yet LOL...still a notice Moreover, National Debtline said to me that Scottish law would not apply because LOWELL issued claim here in England whilst I'm resident in England £3 made 23 feb 2013 thats why lowell is saying 5 years 6 months 3 weeks.... they 're saying after 8 months, they didn't reply to CPR, etc
  8. @Andyorch based on on this judgement MFS Portfolio Limited v Phelan West (2019)....I'm saying section 78 apply, though I ve been told not to cite it directly in my WS because it's County Court judgement there was random payments made later than 18th Nov 12 which I notice after SAR and statements sent to me by LoWELL e.g £40 by family friend and £3 ,they are only mentioning £3 because it was from my ISA account-I still don't recollect why I made that payment
  9. EXHIBIT K 24th March 2019 Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB Dear Sirs Your Ref: 1...…. MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act. In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it. Yours sincerely
  10. Good evening All, Please any assistance or suggestions would be appreciated regarding my court hearing vs Lowell. I have attached their Witness statement and mine, including the Particulars of Claim, etc lowell WS.pdf
  11. morning guys, update: they paid court fees so hearing next week. seen their WS wherein; -they stated debt not sb because its 5 yrs 8 months and 3 weeks before they issued court claim, stating that cause of action accrued from the last date random £3 payment was made -they claim that a copy of the agreement I requested is not available due to: a) it was provided to me at the outset; b) there is no legislation requiring the OC to retain copy of original agreement; c) they the claimant doesn't have access to a copy of the agreement - they aver that they sent me letter stating default notice would not be requested from OC because bank account overdraft is not regulated but that I must have been issued with formal demand for amount owing by OC NB* POC claim mentioned breached of agreement, termination of services, etc but, when I asked for a copy via CPR 31.14 they said they don't have a copy of it....
  12. no correspondence with them since 4mths, no mediation, etc... was just clock ticking to hearing date. Last communication before now was them saying they wont comply to CCA request because it's not regulated. I don't want to put my eggs in one basket so I want to fight this with other grounds not just it's extinguished, National debt line said because case raised in English court whilst Im still living in England that's not extinguished
  13. guys, I've got hearing coming up...please any suggestion or points you think it may help would be appreciated, I'd check library now for any samples of WS I could use, but if you got link handy please send it? Some points: ---As I said previously claimant didn't comply with any request or pre action protocol ---the account in question: they bought a disputed account Thanks
  14. update: I've given hbos further 2 weeks (final notice) and still no reply yet. I only got unexpected call from her manager arguing that I can't claim more than 6 years refund bla bla...my only response was to demand written reply. re six years limit: firstly, I think the fact they transferred debt to DCA and are still chasing me for full balance it means I can reclaim everything they owe since account was opened. secondly, I only found out details of all excessive bank charges after they responded to my SAR, previously letter of appropriation and letter requesting freezing of interest and accept offer of a taken were ignored by hbos. Guys, what do you think please? I want to start now to prepare for statement of claim.
  15. Hello guys, To raise small claims action against HBOS who knows the exact address to use, I wrote to office in Leeds? I got a reply from their office in Cardiff. I just want to be very sure??
  16. update guys, I sent letter to HBOS seeking refunds of charges, instead of replying they sent email requesting telephone discussion regarding said letter. Has anyone experience this and generally what do you reckon guys? I saw missed call and I'm yet to call back.
  17. Hi DX I'm unsure if APR applies on this, OC was charging Ovd fees not interest like Credit Card. What I'm think is to include 8% interest on reclaim total for refund I'm seeking? APR applies to Credit Card and some other charges I think ....Please clarify if you think otherwise.
  18. xcel sheet attached charges by hbos.xlsx
  19. Hi Andy I think It's connected, same bank account DCA is suing for, have so many excessive charges, I saw that after a received all my statements following SAR.
  20. Hi Andy I think It's connected, same bank account DCA is suing for, have so many excessive charges, I saw that after a received all my statements following SAR.
  21. Hi dx thanks but it does seems this reclaim letter applies to Ovd charges (mine is daily ovd charges/fees for planned and unplanned, some for about 6 months of charges are interest debited because it's high interest reward current acc. said template seems to be for Credit card late fees and over limit charges.. right? maybe BCOBS suits my case better?
  22. spreadsheet done charges (ovd and interest) on 2 account from 2009 to 2013 almost 4k very high, please send me link for cover letter, etc.. Is there any regulation I can cite to stop refund being sent to Lowell?
  23. thanks, is there cover letter template on here for charges reclaim?
  24. Papers from SAR shows shockingly very high charges from 2009 to 2013 within period I lost my job and was struggling financially, can I seek refund from OC? Just after calling OC and asking for complaint procedure and address, I received letter stating small % of charges will be refunded but paid directly to Lowell? What's your opinion guys?
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