Jump to content

CROYLAND

Registered Users

Change your profile picture
  • Posts

    7
  • Joined

  • Last visited

Reputation

1 Neutral
  1. I have had an Audi car from brand new. Bought from dealer. Had serviced by dealer to keep 3 year warrenty valid but the warrenty also had a 60,000 mile limit. At at 2 years and 3 months old, but unfortunately at 62,000 miles, car failed to start. Was told it was the starter motor which was then a chargeable repair. I argued that to me, the mileage on the car had nothing to do with the amount of times the car was started but lost the argument and paid over £300. That was in Jan 06 Feb 07, car failed to start again. Told by garage it was the starter motor that had failed but it was covered under 'a 2 year warrenty' so was replaced free of charge. Nov 07, car failed to start again. Told by same garage (still audi dealer) that starter motor would be replaced 'this time' as it was within 2 years of my original paid for repair. Although I have asked them to detect any underlying fault that could be causing a starter motor to fail so often, I cannot be sure they have done this. But they have told me the replacement that has been done today is not guaranteed in itself, the labour??? is guaranteed for a year, but the guarantee on the starter motor runs out in Jan 08 - 2nd anniversary of me paying for the repair!
  2. hi Guys to cut a long story short, after signing a sole agency agreement in Aug 06 which tied me into a sole agency for 20 weeks, I decided that the one buyer my agent recommended was just wasting for time after delaying depositing the money for a pure cash purchase with her solcs, and with the failure of them to remarket my property, was left with no other choice but to advertise with another agent. Within 20 days of me picking up the keys from my old agents and marketing it with a new one, the original buyer decides to complete. My original agents decide to sting me for the charges of multi-agency, and although I paid their extortionate original fee, took me to county court for the payment of the difference (between sole/multi agency) After seeking legal advice, I attended court. My defense, that I was right to break my contract as there had been a breach of the contract by the agents in their failure to market the property. The judgment being along the lines that because I paid the original amount, I should have been aware under the multi agency clause that the extra would also have to be paid. By paying one, I effectively consented to paying the other. I must admit I found the whole court process very confusing, but the cost of a solicitor representing me in there, would have outweighed the cost of the claim (around £1200) Now I have to decide whether to appeal. My basis, looking at this website, the NAEA rules (to which the charelton I deal with is not a member) which I believe the judge failed to take into account was 1) On breaking the contract, I was terminating from the date I terminated it, not stating that the contract did not exist from the outset, therefore I was bound to pay the estate agent for the introduction of the buyer 2) The judge failed to take into account the Unfair Terms rules - basically that 20 weeks of sole agency is excessive pertaining to my individual circumstances The cost of appealing is going to far outweigh the cost of the claim but I still feel that I have been unfairly treated by the terms in the contract and the fact that I have ended up liable for a multi-agency fee to the one agent. Does anyone have any advice on what you think my chances of success would be?
  3. Well, I must say a very prompt service from GMAC and mortgage statements for all 5 accounts I requested received today - less than 5 days since request! But does anyone understand these statements? I have identified the Unpaid DD fees and monthly arrears fees on 1 of the accounts to total just over £1000 What I can't work out is why, on an interest only mortgage, my balance has increased steadily every month. I was on a fixed rate mortgage deal and the loan was taken out in Dec 2002. Although I made payments every month by what seems to be a fixed monthly amount, did not miss a payment in the first 2 years of my mortgage, on average there seems to be a shortfall between my interest debited, and my direct debit received of around £10 per month. Even looking at calendar months where the number of days are the same, the amount of interest debited is never the same. I then have some months where interest is debited as normal on 1st, my DD payment is received but then there is another interest debit on 15th. I have a £100 fee for them instructing solcs, a £50 fee 'HOME VISIT NON ATTEN' and £604.50 solicitors costs. All this meaning on the 1 account, when I redeemed the mortgage, (being charged 1 months interest redemption on the day of completion which was the 21 after already being charged the full months interest on the 1st) meant the mortgage I redeemed was £4015 more than I had borrowed. Then, on a totally different account, I had a 2 year fixed rate mortgage deal which I took out in Feb 2004. By Jun 05, my circumstances changed and I needed a further advance on this property. But they would not give me a straight forward further advance, instead I had to 'redeem' the original mortgage and take out a new one. Looking at the statements I have received today, I appear to have been charged a redemption fee of £2100.79, a deed production fee of £40 and a redemption admin fee of £155.00. When all this was going on from a GMAC a/c TO a GMAC a/c? Has any got any ideas of what my next move should be?
  4. Just to update you all : This cowboy did eventually contact me and within 3 days the purchaser they introduced had exchanged and completed on 21/12/06 Thought that was the end of it. Until, letter received from these estate agents stating that the 'original' invoice which I paid in full via my solcs on the completion of the property, was incorrect. They decided they had made a mistake and would now like to charge me an extra £1,167 based on a dual agency fee. We are now off to county court, I have the expense of a solicitor in this and my solicitor is advising me that even if I win, I may not be able to claim these costs back
  5. After several months reading this forum with interest, I know have the time and the will to deal with GMAC having successfully moved all of my mortgages away from them, I am about to issue the first SAR letter. I have, in total, 5 mortgage account numbers to query missed DD payment charges and ERC's (ready all previous threads and will decide which to claim once I have all the information). 2 of the mortgage accounts relate to the same property as when I re-mortgage they made me 'redeem' the original loan (and charged me a penalty for doing so as they stated the mortgage was not portable) and created a 'new' loan and account number. I will go into more detail on this when I see what the overall financial cost was to me but my initial query is do I have to send £50 on the SAR letter ie £10 for each account - or just one payment of £10?
  6. Hi guys. I have received a letter from Lowell Financial Group persuing a barclaycard debt that was accrued, well it must have been between 1994 and 1996, and I have heard nothing about this since at least 1999 when I moved and changed my name (usual problems re marriage breakdown, debts supposed to be settled etc) They have addressed this letter to my married name but somehow have my current address although I have moved countless times over the last 7 years and had periods of effectively no address. I have not requested credit searches etc to see whether Lowell have registered this as a new debt etc Could this barclaycard debt be statute barred? If not, what other advice does anyone have re this?
  7. Hi all I am having a very unpleasant experience with a local estate agent who is behaving appallingly and wondered if I could exploit a little free advice before I have to contact a solicitor on Monday morning. In August I signed a sole agency agreement with an estate agent for them to market my property for a period of 20 weeks. This was on a set fee basis (instead of percentage based) I can go into more detail about what happened in period until latest offer received but may not be relevant so to keep it short(er), finally accepted a substantially lower offer from a purchaser who was in no chain and who the estate agents state they had qualified as a cash buyer. I therefore agreed to withdraw the property from the market at this stage. This was the 29 September. However, as of the 30 October, the estate agents were still unable to give me an idea of the expected exchange or completion date, therefore I issued my own solicitor letter stating I wanted exchange of contracts by 10 November. This didn't happen. I found out that the purchaser had not signed the contracts or deposited any monies with her solicitors at all. The local searches had been done and the buyer did not want a survey (house only 3 years old and NHBC 7 yr guarantee remaining). I therefore requested that the property be re marketed. The agents have refused to do this. They have not put the property back onto any of the well known property websites, or advertised in the local paper. I gave them notice that unless they did this I would withdraw their services. As of 1/12 they had still not done this, their manner had become very aggressive refusing to advertise the property because they were 'still optimistic of this sale going ahead' I cannot afford to keep paying a mortgage on an empty property and therefore had no choice to go to another estate agent to market the property. This is where all my problems have started. The new agents abide by the code of estate agents and I have found out that the period of 20 weeks 'tie in' from the original agents was excessive (as stipulated by the code of conduct) but more importantly today I have been harrassed by a representative of the original estate agents coming into my garden and removing the new agents sign. This has happened twice today. Spoke to the agent who was very rude and aggressive basically telling me that I couldn't stop him or his representatives from putting a sign my garden if they stand in the road to do it, I can't remove it because it's their sign, and that even though they are refusing to market my property, they haven't broken the agreement, I have, by not giving their purchaser (even more!) time to complete the sale!!! Still has not deposited any money with her solicitors who are apparently aware that I am within my rights to re market the property and have as much trouble getting hold of their client as my agents do!! They are not a member of the NAEA and do not subscribe to the ombudsman scheme. Is there no one that regulates these cowboys? I don't want to end up paying 2 agency feess, nor do I want to get into a lengthy costly legal battle but I do not want to be threatened or intimidated again and will therefore not speak to them again so how can we have a client relationship any more. The are not a chain and it is the owner of the agency that is being so threatening. He's even told me what action he took against someone who did the same thing to him earlier this year (which was not very pleasant!)
×
×
  • Create New...