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silverlady

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Everything posted by silverlady

  1. Well, my daughter has moved the horsebox onto her friend's land and the Motability car has gone so, at the moment, there are only two cars parked at the property. I don't see the need to post my lease. (Not sure I even know how) but there's absolutely no mention of vehicles. Thanks for taking the time to respond
  2. Thanks for replying. We rent a large plot consisting of the house and outbuilding with a fence surrounding a really large outside space front and back. There's plenty of room for many more than 4 cars, in fact, we bought a 16ft swimming pool which is at the back of the house but, as I explained, one of the cars is being returned to Motability this week and one of the cars belongs to a visitor who stays a few days each week so really there are only two cars here all the time. It's essential, in the countryside where there is no public transport, for my daughter to have a car to get to work etc and for my son in law to get to his work. My granddaughter is 16 now and as soon as she passes her driving test, (she can take it now as she is disabled) she will have another Motability car, again essential for her independence and if she gets a job. There was no specific mention of how many vehicles we could have when we signed the lease.
  3. We live in a very rural part of Cornwall with only a couple of neighbouring dwellings, one of which is our landlord. It's a 4 bed barn conversion with a large gravel drive and an outhouse, surrounded by fields. We rented as joint tenants almost 2 years ago, myself, my daughter, her husband and their two daughters, one of whom is disabled so we had 2 cars, one of which was a motability car. My disabled granddaughter has just turned 16 so the motability car will be returned next week pending her learning to drive. Meanwhile, since last February, I have had a visitor staying for a few days each week and his car is obviously parked here while he is here, making 3 cars outside half of the week. My daughter has bought another car to replace the motability car, so at present, there are 4 cars parked here half of the week. My daughter recently bought a horsebox in order to move their horses to events. The landlord contacted us and said that the horsebox would have to be removed as it was an eyesore and that we had too many cars (she has been told of the circumstances). I have to say that, since we moved here March 2020, there have been a lot of repairs needed which the landlords have done but made us feel guilty about asking for them, we have an outstanding leak that I notified them about last week (no response yet) and the Aga oven still doesn't work! There is nothing in our lease about vehicles, so is she entitled to require us to remove any of them? I don't want to rock the boat by arguing in case she gives us notice. We have a standard lease from month to month, after the initial 6 months.
  4. Will await their reaction to the evidence we've sent that my son in law wasn't in possession or the owner of the car when the offence occurred and, if they wish to pursue him rather than the dealer, that will be the next query. I'm hopeful that they will feed the info back to the council though and maybe they will pursue him instead of my son in law.
  5. I was contacted by the mediator before the court case and he spoke to Azim Choudry, the director of Xhail Motors, who was angry that I'd had the car transported to him and it had to be left outside his business premises because he refused to accept it. According to his account to the mediator, it accrued parking tickets before it was towed away by the council so I am assuming that it was scrapped. BMW had told us that it would cost thousands to repair so would not have been worth it. Well the council were no help as they wouldn't discuss it without a PCN number but cdergroup were surprisingly helpful and have asked my son in law to send proof that we transferred the car into the dealer's name and that we returned it to him in Barking. Luckily we have documents and photos so they have been emailed and now we await an outcome or further instructions.
  6. Thank you, It was definitely not a "moving" offence as the car in question wouldn't move without being on a transporter so I'm assuming it's TE7 and TE9 but as soon as my son in law has finished work and can telephone the relevant people, we will find out exactly what the offence is.
  7. Please clarify. If we discover, when we telephone the traffic enforcement centre, that this is a penalty for parking charges for the car we returned to the dealer, do we then need to send forms TE7 and TE9? When are forms PE2 and PE3 required? They need to be sworn before a solicitor etc and may incur a fee. I have to say that I am tempted to just pay the £406 to avoid all this hassle! If the dealer transferred ownership back to my son in law without his knowledge, do we even have an argument?
  8. Noted, thanks, we will contact them on Monday and hopefully can get this charge removed. I followed the link in the email and it's £406. Having already wasted over £6000 on this blinking car I'm loathe to pay anything else!
  9. Long story short, I paid for a used car from Xhail Motors bought by son in law and have a separate thread about it. We obtained CCJ against dealer after returning faulty car to him and transferring it to his address via DVLA last April. Used BMW from Xhail Motors Barking not fit for purpose - Vehicle retailers and manufacturers - Consumer Action Group The car was left outside the dealer's premises during Lockdown and accrued parking tickets before being towed by council. Son in law has now received an email from cdergroup debt collectors stating he owes a debt to LB of Barking and Dagenham and threatening enforcement action. We are at a different address now so have not received any letters regarding this. I am assuming Xhail Motors transferred ownership of the car back to him. Reviews about cdergroup are horrendous. Son in law has sent a copy of DVLA notification of transfer of vehicle to dealer and informed them of CCJ against dealer but I am worried that they will ignore this, discover our new address and visit. I am elderly and we have a disabled child shielding here. Advice please.
  10. I already asked for chargeback with Nationwide and they told me I was 6 days over the 120 day limit. I took it to the ombudsman and they agreed with the bank.
  11. Okay I will just have to write it off then I suppose. Thanks for the reply. Just doesn't seem fair!
  12. UPDATE: The Sheriff's Officers have advised me that after visiting Azim Choudry's house, he told them that the company ceased trading in March 2020, he resigned as a director in October 2020 and he is in the process of commencing legal proceedings against the company for money owed to him! Rubbish as he was the only owner/director so how can he take legal proceedings against himself! I understand that the Officers can do no more but the final amount owed is £8037.84. Is it worth me contacting an independent debt collector?
  13. Thank you. Just one last piece of advice please. I have to pay the Sheriff's officers £156 to get this action started but I have been told by someone who visited Xhail Motors Ltd that the place is closed and locked up. Am I just throwing more money away or do you think it's worth trying to get my money? Shall I just forget it?
  14. UPDATE: I won the case and was awarded over £6300 but, of course Azim Choudry, the director of XHAIL MOTORS LTD has not paid me. He is trying to wind up this business and has applied to Companies House for strike off action to which I have objected. He has another business operating from next door to the first one called just XHAIL LTD. He also resigned as director of yet another business RIVER GARAGE SERVICES last October. I am assuming that I will now have to ask for a warrant to collect the money from him?
  15. Assistance urgently needed now please! I was telephoned by the mediator today. After he had spoken to the defendant he told me that he (the defendant) is saying that he doesn't recognise me as a customer and doesn't know who I am. I have it in writing from him that I paid the money but it's true that my son in law's name is on the bill of sale etc. The mediator said I should maybe change the name on the claim. As this will cost me money, he told me to take legal advice. (I don't even know how I'd make this change) Any advice please?
  16. Lol, thanks. There will be two witnesses as I only paid the money, and my daughter and her husband were involved in everything else, so one of them will provide a statement of what actually happened.
  17. Thank you. I have said yes to mediation. What is meant by "1 wit YOU" please?
  18. Thank you. I will answer that I don't want any expert witness statement then and just rely on being able to present what I already have later on. One further question please, The form I have received N180 has a covering letter stating "You must by 19 June 2020 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office (name of court office) and serve copies on all other parties. " Does this mean that I have to send a copy of this completed form to Xhail Motors?
  19. I have taken the matter to the small claims court and the dealer has filed a defence in which he denies knowing who I am (even though I have an email from him stating that payment for the car came from me). He also denies that the car was faulty when he sold it stating that the major faults were caused by my daughter driving the car after the initial small, repairable fault was found. I now have to fill in the form they sent me, which asks if I want to use the written evidence of an expert and I am at a loss as to what to do. I have a page of diagnostics done by the BMW garage to show the faults they found. Is this written evidence from an expert or is this just part of evidence I get to present anyway? The manger of the BMW garage was willing to discuss the matter with anyone but whether he'll want to get involved in a court matter is another thing. I intend to call my daughter as a witness and hopefully she can tell the court exactly what happened, including disputing that she removed the car from a local garage that was going to repair it. If we can only explain everything to a judge I'm sure Justice will prevail. I am getting quite stressed out about it all.
  20. Thank you for your replies and thank you so much for amending my post for me. The last letter I sent to the dealer on the advice of CAB stated that it was the last letter before court action and contained the sentence, "I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules etc" which I am assuming is standard. They have advised me to access moneyclaim.gov.uk and they said they had referred the dealer to TradingStandards. I'm thinking my next step is to access this website and pay the necessary costs to take it to court. Will I actually have to attend court?
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