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Sparxeh

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About Sparxeh

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  1. Yes if it's been processed as VS which sounds like it has, the proceeds of the car being sold at auction have to be deducted from your outstanding balance. If they haven't then alarm bells would be ringing. Do you have copies of your annual statements? If not you should request this as part of your DSAR.
  2. Of course what the car sold for is your business... You should be able to see the car's proceeds from auction deducted on your annual statements as well on the year this happened?
  3. Being realistic and blunt, did the brakes really fail OP or is your daughter looking for a reason not to blame herself? Everyone has accidents, it's nothing to be ashamed of - it's what insurance is for. Was it more her misjudging the roundabout, her speed/braking distance or not seeing someone else coming maybe? It's very rare brakes just completely fail, especially considering she had been driving it for over a month without issue. Also prior the accident I presume she was driving 5-10 minutes prior and braking no problem? She will need the car to be inspected to prove the brakes failed before you can claim it was mis-sold... Personally I would claim on my insurance, ask the assessor to check the brakes specifically if they failed. Then if they did you have evidence to begin claiming the car was mis-sold. Unless the Police are inspecting the car themselves since cutting her out, then you can see what they have to say about the brakes whether they were an issue or not.
  4. Wow this LL seems an absolute chancer. Does he seriously think that all of that is Tenant responsibility? A lot of that is a joke such as 18, 32 and 33 it goes on. So did you take any photos on check in and/or check out yourself? Did the landlord provide you with a check in report or inventory when you first moved in? I doubt it if the deposit isn't even protected.
  5. Can you post up the letter (redact any personal details) of the damages he is claiming for? Did you take any photos of the property when you left? But yes you could counter-sue for not protecting your deposit, I'm sure the penalty is up to 3x your deposit? I'm sure someone will correct me if I'm wrong.
  6. The agreement being 'terminated' doesn't mean you lose your protected goods rights - what makes you think that? That simply means the account has now been registered as 'defaulted' and will be a big fat red marker on your credit file. It doesn't mean you don't have protected rights to the vehicle. You can apply for a time order before or during a court order action, personally I would wait to see if Barclays initiate a court order first (ROG) then put your application in if needed for a time order - if you're comfortably able to demonstrate you can pay, and do pay or you're just going to incur more costs for yourself otherwise.
  7. If you have definitely paid over a third, the car is now 'protected goods' under the Consumer Credit Act 1974. Don't decline that job offer. Barclays' need a ROG (return of goods order) before they can recover the car from you - they takes MONTHS to get through the court. You should just tell them you have a new (hopefully secure) job, if you have any spare money now from you/dad put it to one side to pay the arrears. As from what you say it sounds like they are refusing payment? (very odd) Then when you start your new job, offer DWF/Barclays what is affordable each month. If it comes to the ROG and you are summoned, you could also look into applying for a Time Order (read below) setting out what you can pay. https://www.nationaldebtline.org/EW/factsheets/Pages/time-order-hp/hire-purchase-and-conditional-sale.aspx
  8. Contact your bank and ask to raise a Chargeback due to faulty goods. They should be able to return the funds to you, giving the garage no room to argue. If you're successful, the garage will just have the money debited by their card payment provider. Your bank may want to send a form out asking you to give a statement of account etc. No big deal Some info here if you want to read up https://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback/
  9. How much was the car? And how did you pay; cash, credit card or finance?
  10. So it sounds like you have Voluntary Terminated (VT) your agreement and handed the car back to the finance company. So you are only liable for 50% of the Total Amount Payable, any arrears if you were behind on payments and the car must be roadworthy and not damaged (less fair wear and tear) - otherwise they are able to bill you for any damage/work needed on the car. Did you take plenty of photos of the car, before leaving it with the auction? Are they telling the truth, did the car need any repairs? Was it in a horrid state when you returned it? Or are they making the whole thing up? Also you should ask the finance company for the Vehicle Condition Report (VCR) they completed when it was returned, along with the apparent final bill, for what they believe is 'damaged' or needs repair.
  11. Yeah I agree. I did edit my post later as realised he said bought on CC.
  12. Yes, ask the garage for a diagnostic/report whatever they can give you. Something that confirms the engine fault identified on or around the date you first collected the car. This is vital and key evidence should it go further e.g. court etc. I would suggest doing the above first, give that to the dealer and ask if they are not accepting this as proof of fault upon purchase, then to give you a written/email 'final response' as to why they are not upholding the complaint. Then take this to The Motor Ombudsman and go from there. Try to keep your cool, unsure of the tone of your emails/calls to the Dealer, so maybe that's why they are becoming defensive. Just keep your contact short, precise, to the point and factual. Edit: Just seen you paid the majority of the car on credit card, you should ask your credit card company to initiate a Section 75 claim for faulty goods. Can I ask how much you paid on debit and credit card? (total price of car). You can read up more on S75 claims here.
  13. They are just saying if you don't complain via the The Motor Ombudsman (complaint ADR scheme) first and go straight to Court, and you lose, the court may frown upon you not using the ADR scheme to resolve the situation. Then likely award the dealer's costs to be covered by you (if you lose), as you haven't been reasonable by not using the alternative dispute resolution scheme to try save court costs. Do you have any paperwork or diagnostic from the garage who have inspected the car? Something that is dated and confirms XYZ faults found with the vehicle, inspected on the date you bought the car? If so, provide the dealer this or get something in writing from the garage who inspected the car. If the garage will still not accept your right to reject, then that's very bizarre and you will have to go down the ADR scheme and court potentially if the Motor Ombudsman are no help. So go to the Motor Ombudsman if the above fails, exhaust their complaints procedure, if they help you win great. If they are useless and of no help, then you can start court proceedings if you feel necessary.
  14. Was this car bought with cash, credit card or financed? You have a few more options available if it was with a credit card or on finance.
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