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  1. Hello, I am a new user here, writing to get advice on a Paypal Dispute of £700 This is how it went to westcot DCA (timeline); 1. It starts with me sending an iPhone to someone via Paypal. 2. I take out the money (£700) in the bank after i receive it and remove bank/card from Paypal 3. after 2 weeks he claims on PayPal that nothing has been received. 3. i didn't track hold of parcel receipts, so dispute case is LOST. 4. Paypal A/C Negative balance £700, received email from PAYPAL to pay in the amount 5. Since i have removed bank and card from paypal, they are unable to charge me. 6. I close the Paypal Account which is prob a wrong move ( it has my phone no. and address) 7. Start to receive phones from Paypal calls, which i have ignored for 2 weeks 8. Recently i received a call and letter from Westcot asking me to call back. 9. An Address verification letter received by Westcot asking to call back and tell if its Address is correct or not. They haven't mentioned the debt amount but I assume it to be much more than £700 now because of the legal expense of Westcott. I have not spoken to westcot as i read in other forums to not speak to them. I am scared as i am on a student visa here in UK and aim to work later on in the UK with work visa. Q. what do you think about Westcot taking action for £700 debt. (court or police) Q. What should i do actually do? I live in a private student accommodation (8 buildings and 1500 flats) and will change it after 3 months.. Q. Whats the worse westcot or paypal can do? Or should i just pay them back and consider my loss. Q Can it affect any future visa / gov. related track record of me? Please HELP!
  2. Hello It feels like I'm running round in circles at the moment in regards to our council Tax debt and the zero co-operation I'm getting from the Council or Baillifs in regards to paying it off! We owe 2 amounts to Baillifs Penham Excel 1x £934 and 1x £1465 - both way over what we actually owe the council! Baillifs have been 4 times now and each time I've refused entry into the house to do a walk in possession, but today he turned into a smart a*** and said he would go away and get an order to take away my car (no finance on it and only worth around £1200). This has really worried me as I have to have it to get my 5 year, who is Autistic, to school 3 miles away and then my other son to nursery. Can they take my car? If yes, then would I be wise to change the ownership to my Mum so if they come back to take it, it isn't officially mine? The baillif has insisted that we pay the first amount in full and maybe they will come to an arrangement for the second amount if I allow the walk in possession. No bloody way, does he think I'm stupid? I've read about people who've done that thinking they can get a good arrangement set up only to find they've been ordered to pay it off at £400 a month and then have no option but to pay it or lose there things! Spoke to the council to see if we can pay the debt off at £50 a month direct to them and they refuse to help as "it's gone too far now" and they said if it get's handed back by the Bailiffs they will go for a committal to prison! I slightly lost my cool with the woman I was speaking to and told her that this is going to leave us no other option but to go Bankrupt as we also have other massive debts in our name, a repossession order on our house (which is my number one priiority to pay every month) and no one is offering to help us! Is there any other way out of this? I did suggest an attatchment of earnings, but she said that would be at least £250 a month, the £50 we're offering would push us quite a bit. HELP!
  3. Hi, I have received a letter from DCBL which states: "Your overdue amount of £269.48 due to Excel parking services ltd in relation to a county court judgement number xxxxxx has now been passed to DCBL to recover the debt on their behalf" It also mentions a further £75 + vat charge. I have searched lots of forums and the advice has been consistent to ignore all letters from Excel parking or any debt recovery firms. i am concerned this letter mentions CCJ number which suggests a CCJ has been issued. I dont recall receiving any court letters, although i have changed address. Normally, I would ignore these letters as per the advice on the various forums but im worried if a CCJ has really been issued and what I should in this case? Should i respond to DCBL? Should i contact the court (and if so, which court would i need to contact as i have not had any details)? Or should i continue to ignore? Please help as i am really stressed out now Many thanks in advance for any advice/help. Cheers
  4. Any legal guys here need help In January I needed to be fitted with a pacemaker. My surgeon told me that I must inform the DVLA but to also tell them that I had fully recovered due to the procedure and me bionic heart. Soon after I told them by phone and they said I would get a questionnaire to fill in. The facts ----- Due to the questionnaire not being returned in time my driving license has been revoked. Following a telephone call today I was informed that My license will not be reinstated even though they have the said questionnaire in their possession. I have informed them that it will cause severe hardship and distress to me as a registered disabled person who needs a vehicle at all times. Even asking them what I should do they said to go to the post office and apply for a driving license. I told them that I couldn't because I am on my own and can't get there because of my disability. Not their problem basically! They did not get the questionnaire in time but can't tell me what law/guidelines they have in place and what grounds there are to have the license reinstated even temporarily until the whole thing is investigated. It is actually a paper exercise for their records because when I rang them the medical condition did not exist. You can legally drive with a pacemaker all you have to do is inform the DVLA. I also asked them how they can impose a punishment as harsh as revoking a license of a disabled person who is deemed fit to drive and why they can't come to a compromise now that they have the questionnaire. They told me that the time limit is 14 days from the date they send me the letter and I told them that I got the letter today dated 16/03/2018 informing me that it had been revoked?? I asked them how they could impose a time limit on something that they cannot prove I got never mind got late like the letter i got today? Does anyone know how I can fight this? Can they impose what is deemed a punishment on a time limit that is instigated on a letter that they cannot prove was received by me on time? Common sense would dictate that it be reinstated on a temporary basis now that the information has been received and is, in fact, a paper exercise. I cannot find anything in writing on the net stating when the time limit is imposed? Should it not be sent recorded if there is a punishment attached? Like they have the form but won't do anything because it was late and the letter i got today informing that my license was revoked was dated 16th March hence why I rang them??? PLZ Help
  5. Hello I'm very new to this. I've received a county court summons with regard to a debt I owe to Capital One credit card for £8500 from Lowell Solicitors. The issue date is 22/7/2016. so the service date is 5 days after that. I went through some financial issues years ago and although I scrape by dog walking (earn aprox £7000 per annum incl working tax credit) (I have MS and am on anti depressants so try to do a job that will keep me healthy but will be flexible enough to take into account my fatigue) nowadays I still have some old debts that i don't have the resources to pay. this is the biggest one. I did write to them in 2014 (the debt was owned then by Cougar Finance) telling them my financial circumstances and offering to pay a monthly amount which they refused. Since then Ive stuck my head in the sand and hoped they'd go away. Now its come to a head. I own my house, got rid of my car years ago as I couldn't afford it. . Im terrified I'm going to loose my house. I have not used a credit card in years I wish I hadn't been so stupid in 2013. I have some PPI going back to the 1990s on different loans and credit cards thankfully all paid up, that I hope I can claim back which i could also use some advice on. I have kept every bank statement, credit card invoice and financial paperwork. I'm a bit of a hoarder. Please advise what I can do. Thanking you in advance
  6. Hello lovely people Let me quickly explain what is my situation like. About a year ago I got fined for littering (75 quids), that fine has risen to the stage of notice of enforcement when I have started to dealing with it. After contacting either collectica and marston (by sending my budget and calling them),a payment plan was refused. Couple of days ago I found final notice saying i need to contact the bailiff on number provided, I did so but just to be told that full payment need to be made today to avoid further charges and visits. When i was at work yesterday bailiffs paid me a visit, leaving a little card "notice of intention to search my premises". At this stage Im clueless what else can be done to stop them, I cant afford to pay this fine (at final notice stage it was 856). Tried to seek help on the phone the best advice i got was to face my bailiff and try to have a chat with him then I have read many threads advising against it. One more thing is that property i live in is not mine, I was a student (recently expelled...) and i live in one of the rooms paying landlord some money to cover the bills. There is no rent agreement whatsoever, I dont have anything valuable but other people living here may have and Im concerned about bailiffs taking their stuff as I do not think that they still got receipts for their stuff.... Thanks for all help in advance.
  7. Hi REGARDING SECTION 8 OF THE BUDGETING LOAN FORM there is some confusion regarding what is needed to be filled in if you are filling it on behalf of someone? can anyone help? it states:- have you filled in this form for someone else? NO (go to part 9) YES please tell us about yourself Please tell us why you are filling in and signing this form for someone else TICK BOX I am sending a letter by the claimant with this form, the letter tells you that they agree to me making the claim for them NOW SIGN THIS FORM IN PART 9 TICKBOX i am their appointee TICKBOX i have power of attorney TICK BOXES FOR NAME ADDRESS AND DATE OF BIRTH The form is made out like the above. My point is that according to the form if i tick the box 'I am sending a letter by the claimant.....' it tells me to go straight to part 9? if i go to part 9 then i assume i DONT tick '-+++I am their appointee' OR i have power of attorney' ? and therefore i DONT put my name or address or date of birth? I'm assuming you only do this if you are either appointee or power of attorney (as i am neither anyway?) i actually DONT want to give my details anyway as i am just helping a friend. finally to confuse matters further on page 9 it states sign here if you are claimant or appointee. Can SOMEONE confirm i DONT have to put my name or address. I just have to provide the letter signed by the person claiming?
  8. I did a really stupid thing and shoplifted some items from waitrose . I need some details of how to proceed . I am in little panic situation . please help me, I'm really upset, don't know what to do, yesterday I got caught from waitrose , They have asked my ID (ID have no address ) (I have not signed anywhere, they given that letter should not enter any waitrose stores) . I returned all the Items (Grosery items - ~30 pound ) plz help me. This is good lesson , i wont do again (from my heart)
  9. I think my landlord or someone else may have entered my property without my permission and this has made me feel very uncomfortable. Obviously at this present time it's just a suspicion. I think this because I have a coin meter for my electric, it doesn't seem to read the amount of coins entered well but it says not to exceed 80 coins. I have been in this property over 7 months and at a guess I have probably put in 150-200 coins and it doesn't sound anywhere near full, leading me to think someone might have let themselves in without my permission to empty it and I don't know how many times they have done this if it is the case. I have emailed my Landlord to ask what the procedure is with the meter and that it's never been emptied since I have been here (to my knowledge) It will be interesting to see his response. What also concerned me a little was on Monday I heard 2 people talking and they were knocking on the door of the flat that's right next to me and the lady wasn't in, they let themselves in, after that they knocked on my door and I said just a minute as I had just got out of the shower and they said oh sorry wrong door, I found this very odd too. If people acting on behalf of the Landlord or my Landlord have been in here without my prior consent and without giving the required 24 hours notice, I feel it would make it untenable for me to stay here as not only is it a breach of tenancy but I would feel it's a breach of trust and a lack of respect, nevermind not obeying the rules of the tenancy. Thanks for reading.
  10. Hope someone with legal knowledge can help with this matter, We have sold our house in scotland and complete in 4 weeks. We have since discovered we have an inhibition order that was renewed for an old CCJ obtained in England that we need to get lifted. The story is this. We had a default judgement registered in england in january 2008 for 19k by a debt collection company. We went to court to get it set aside/defend as we were living in Scotland at that time. We were challenging jurisdiction and the amount plus. The judge issued a revised order in may 2008 amending the original judgement to £8k and requesting claimants to instigate mediation thereafter. No order was made about jurisdiction. We subsequently also found out after the judgement that PPI was included and the agreement has a false signature. This information was not available to us at the time of the second judgement in May 2008. The claimants registered the original CCJ in Scotland so they could pursue which resulted in an inhibition order, however, the inhibition order was issued in 2010 quoting the original CCJ in default issued in January 2008 of £19k and not the revised amount detailed at the hearing in May 2008 . The 5 year period expired and the inhibition was renewed in feb 2015. Is the inhibition valid given it quotes A CCJ amount that was subsequently amended by the court? What can we do to get it lifted quickly? We have subsequently moved back to England. Would appreciate any help available.
  11. I have been trying to get in contact with stanford and greens in regards to a £560 C.T (council tax) debt which has accumilated. I have been thretened recently by this company that they may file for a warrant for arrest under the council tax evasion law. Needless to say this scared me i am 26 with a cleen record I wrote a letter to them with an attached income and expenditure form from step change ( a debt management charity stating i could only afford to pay them £17 a month. Said letter was sent in september 2017 with no reply or conversation with them. but last week with above threat to seize goods or a warrent for my arrest. What can i do as this is now affecting my daily life due to me suffering with anxiety and depression. Thank you Chris
  12. I hope someone might be able to help me. I have borderline personality disorder diagnosed 3 years ago after a crisis which led me to being put on ESA without the need for a face to face interview. I am now due a reassessment on 2nd Jan which I have to attend the stress of worrying about it has triggered a deterioration in my mental health I now feel I am on the verge of a crisis. I live on my own and have no real support. Is it worth me phoning Maximus, will they listen? If not can someone advise me please. I have a letter from my Psychologist (who has now left the NHS so I can no longer see her) and my GP is in the process of writing one. I think I messed up my reassessment form as I filled it in on my own whilst in a panic just to get it done and gone as I couldn't deal with thinking about it. I feel fragile vulnerable and sort of out of control.
  13. Hi guys, I have a CAPITAL ONE credit card which back in september I had offered to make £1 token payments, my response was that they had referred to fredericksons intl for repayment... i set up a £1 standing order online to fredericksons with a letter to them copying in my letter to capital one regarding token payment and my current financial circumstances... my first token payment went out in december which got accepted and my balance reduced by £1. HOWEVER - i now have a letter from Bryan carter which is there "LBA_S2LIT" template letter giving me 14 days to make payment arrangements with fredericksons.. do I simply copy my previous letters to capital one and freds to bryan carter? as its clear that previous two have taken a complete disregard to everything?? help Dave
  14. Hi I am not sure I am posting in the right section so apologies in advance. I bought a humanoid robot, ordered in May (2017), received June. It developed a fault in July after general setup. Contacted the reseller I bought it from and he advised me to send the robot back to the manufacturer in Paris. I logged a support call with the manufacturer they went through the process of checking, asking me to do various things including sending them videos of the fault which they eventually confirmed that it needed to be returned for repair. I thought nothing of it (I now realise, I should have requested a refund or replacement -as it was within 30 days). I paid the courier service to return the robot to Paris after nearly a month the robot was returned, with nothing to indicate what had been done to it or what the problem was with it. I sent an email asking this question had no response from the support department. Please note that the robot is an essential part of my work as I teach robotics and run workshops during that time I had to cancel my bookings and shift things around a bit until I got it back. Since the robot's return in September, I have had a number of deaths in my family so had not spent much time using the robot. I used it to create a programme which I could not finish because of the family issues. Everything seemed ok when I did use it although a couple of occasions displayed the same issue it had gone for repair for. As it wasn't significant I had ignored it. A couple of weeks ago I was at a meeting with a large company who offered me some consultancy work where they were interested in running a project with my robot, I decided to create a programme to use as a demonstration for them. In doing so the robot started demonstrating the original fault this time worse than before (problem with the motors which caused it to constantly crash). I videoed this as best as I could whilst holding it so as not to damage it. I contacted the reseller and demanded from him to sort out the issue between him and the manufacturer as my contract was with him and not the manufacturer. He agreed to sort things out on my behalf. He did this ensuring that I was copied into all emails. I had explained the problem and requested a replacement, sent the videos I had recorded. The manufacturer wanted details of the previous return, which I supplied, only for them to respond saying that when the robot went for repair, I had not supplied them with detailed information of the problem (which I had) they had only checked the robot and it was fine so sent it back. They also refused my request of a replacement robot however, offered to collect and repair at their expense. I responded to their email explaining as above and the fact that I was not happy about not being offered a replacement and gave them details as to when they can collect the robot for repair. my anger, I decided to search online for my legal position and realised that the reseller is the one who should be offering me a replacement or full or partial refund. The reseller has simply said to me in an email that I should deal with the manufacturer direct and he will help me where he can. I realise that I should have had this info when the first fault occurred, then I would have been able to demand the refund or replacement. We are now approaching 6 months since I received the goods following my order. Please can someone help me deal with the reseller as I believe that he is responsible as he was paid for the robot and not the manufacturer. I stated in my last email both of them that I was not happy with them refusing to replace the robot and that I did not feel confident that the matter would be properly resolved since they didn't repair it despite me clearly indicating what the fault was. Are there any strongly worded letter templates I could use, or is this a matter for the small claims court against the reseller? I have also asked who is going to pay for my loss of earnings since the robot has not been fit for me to use as I should? Any help would be greatly received! Thanks JS Sorry for such a long post.
  15. Hello, I owe service charge backpayment to my management agent for my leasehold property. They took it to county court, then fast tracked to high court without informing me. I only knew when I received a demand for £2100 from the Sheriff's office. I offered to pay in instalments but they said their client wanted full payment, which I could not do. I sent them a copy of my Debt and Mental Health Evidence Form, they said their client rejected it. A Baliff visited my property when I was not in. I submitted an income and expenditure form (both mine and my wife's)to the sheriff's office, which clearly shows a minus. Even so I offered to pay £50 a month. I have now had an email saying they will forward this to their client and if it is rejected I will receive a visit from the Baliff without any prior notice. The amount has risen from £2100 to £3700 in just over 6 weeks, with interest at 41p a day. There is also a charge for a Baliff visit that never happened. I am worried sick. Please, if you can, please advise. I feel due process was not followed regarding the secrecy in taking this to court. I suffer from depression due to my debt issues and this is really affecting me
  16. I wonder if someone could advise please. I called on 5.1.16. for a DLA application for my child. I completed the application by downloading the form. My child who requires day and night care. He was awarded personal middle rate care and low rate mobility. The first payment was the date they received the application - not the date when I phoned i.e. 5.1.16. and I did enclose the page they sent which stated I called on 5.1.16. and it had to be back by mid February. I have called DLA and said that they have not taken into account the night time care my child needs. He is up twice a night for around 15-20 mins and sometimes has to sleep in my bed. DLA said that they 'thought' he only got up 4 times a week during the night for the toilet. I said it was clearly stated that every night he has nightmares and I have to get out of my bed to attend to him. They said they hadn't read that - it is clearly stated. I also said that even though I downloaded the application, the award started from the date they received it. They said the it was because I used the download form - even though I attached the paper page version of the date I applied. So it went to a mandatory. They wrote back and said that there was not enough medical evidence about the night time care enclosed with the application (I sent my GP's letter) - they have not contacted my GP. Now I've had my mandatory, if I'm not happy I have to go to appeal. This is unfair as if they had doubt about night time care, then they could have written to my GP. Is there anything else I can do about this instead of going to appeal as clearly they have not read the application properly and now I've 'spent' my mandatory. Also can someone advise me about when the DLA should have started. Many thanks. BTW I wanted the paper version for the Notes as I haven't got the money to keep paying to top up my ink on my printer.
  17. I have been helping my friend try to sort out his housing benefit. He is a vulnerable person who is on ESA. Originally he had no-one to help him sort everything out when he found a new accommodation around two months ago. He was looking for somewhere to move to and I was not available during this period. When he moved in he paid a two weeks deposit and weeks rent and received, keys. He never was offered a full tenancy agreement. Later on he was told by the landlord that he prefers to rent rooms out with just a cash deposit only a one-two weeks’ notice. He doesn’t give tenancy agreements as it saves paperwork, he has made it clear that he has no shortage of tenants so does not need to offer full tenancy agreements. The person that helped him originally stated that this would not be a problem as a tenancy agreement is not required, just a proof of rent and tenancy letter. I also phoned Haringey council and was told the same information along with and the criteria needed. After getting in touch with me I filled in the online form for him and managed to get him to ask the landlord for a proof of rent/address letter from the landlord (after persuading him it was for another matter). It has all the correct information etc. which was then submitted with a passport scan for ID. This is where the problems began as Haringey council became persistently awkward. WE were told in a letter/ and phone call we had to do the following:- 1 provides a birth certificate which i eventually was bought and sent! 2 send them proof of ESA. we managed to persuade his old civil solicitor to get it FAXED straight away (We even managed to get a strong legal covering letter from the firm stating that he had been a vulnerable CLIENT for two years and to help him as quickly as possible. After a week they then sent him a letter stating that the proof of tenancy letter was defective because it was unsigned by him (even though it was from the landlord) and to….. 3….. to RE-SIGN it and send it back in 4 to write a letter stating why he didn’t have a tenancy letter to begin with. This in-depth letter was then written and both documents were resent. * These documents were then taken in. I took all documents and acted on his behalf. at all times. * all of the above was done and then resubmitted to them EXACTLY as they had requested and asked to do at different periods…hence reason that so much time has passed. He then got a letter stating that they had decided against him. that they require a tenancy agreement to prove ‘liability of rent’ I don’t understand how they can demand this when it says specifically on the Harringay website that a proof of rent letter will suffice. He has been given until 30th November to produce a tenancy agreement. Which his private landlord will not do. He also does not accept dss. According to Harringay website they accept proof of rent letters, i fail to understand what has gone wrong, especially as before refusing him they asked him to jump through all these hoops to do all of the REQUIREMENTS ABOVE. Is there any anything we can do to more easily remedy this situation WITH THEM? without having to jump through multiple/legal hoops with CAB - which is a complete nightmare. any help you can offer i would be extremely grateful; I spoke informally to his civil solicitor and she implied Harringay council KNOW they should accept the proof of rent letter and that they are 'trying it on’ I also spoke to someone other legal entity over the phone CAB and they think that Harringay are purposely obstructing the claim? he has been using his ESA money to cover rent and is owed approx. 10-12 weeks rent. I have been helping him also. this situation cannot continue. We have until 30th to provide a tenancy agreement which wont be forthcoming, even though this is not legally required. Obviously, I want to get the claim started and get him paid so does he have to stay there in the same accommodation to fight / appeal the claim? at the same time paying out rent he cannot afford? 1 Or can he move out and still appeal this claim as he is owed money. But he cannot keep continuing to pay out his esa like this. 2 how do we appeal/ fight/ win the claim/ how long will this take? 3 how can Harringay demand a tenancy agreement when they instructed me to do all these things and then refuse my claim. I had to buy a birth certificate. He will not be able to get a tenacy agreement also the private landlord does not accept dss. 4 how do we fight this? 5 can they legally close the claim on the 30th Nov.? due to lack of tenancy agreement? Thanks for your help – we are desperate. Thanks p.s from haringay website:- ‘If you are a private tenant, you need to provide a tenancy agreement or a rent book or a letter from your landlord confirming how much rent you pay and what is included in the rent.’ EDIT UPDATE!!!!! the rent letter we originally supplied was a letter which contained all relevant info name address of landlord, signed, rent amount, times its paid, when he moved in, bills included one room etc and it had name and address and was dated and signed by both parties. it also stated that the rent was currently up to date, so its legal.* there has been an update. We got a legal adviser involved who contacted the council on Wednesday. She explained the situation and asked to speak to the decision maker or at least his department. the call center were helpful, the adviser explained the landlord wont give a tenancy agreement and isn't obliged to. she also explained that we had done everything the council had asked which implied that we was going to get a successful outcome to the claim. and that according the council website a rent letter is acceptable. So why the insistence on a tenancy agreement. The dept. asked if the tenant could get one and she said no way. They have agreed to re-examine the claim, the same decision maker. he actually wanted to speak to the tenanct but she said he suffers from anxiety so to contact me (the advocate) they said no one was on the system, which wanst true. I wasn't there at the time. she also followed this up with an in-depth email afterwards saying that tenant was vulnerable and has been paying his esa to his landlord and that we can supply medical evidence and that the situation is affecting his health. we wont see her until next Wednesday. I phoned on his behalf on Friday and it hasn't been looked at yet. Does this look hopeful, they seem to have backed down a bit since the legal adviser phoned? or do you think they are just fobbing us off? is there anything we can do in the meantime? we have re-uploaded all documents (just in case any of the originals weren't looked at the first time around.. .. is there anything else we can do????
  18. Hey Guys. I was called by a company called Cabot on 15/08/2017 re debt. They didn't go into detail as i was on holiday. I ended up coming back later than planned and ended up coming back on 28th. Since then we have had some family emergencies so was unable to deal with stuff. I called them yesterday and they said they where calling in regards to an Egg loan (which i dont remember). They said they couldn't discuss things as the case had gone through to their sister company a Solicitors firm called Mortimer Clarke. I called Mortimer Clarke today. They said they cannot deal with the case as it was being claimed through the courts. I asked for details re the loan. All they could provide was: 1. a date the original loan was taken out (Dec 2007), 2. The default date. 3. The last payment date. They cant tell me: A. how much the loan was for B. Probably not be able to get the original credit agreement. C. Statement on the account D. How much the last payment was E. How much the default amount was I said if i put in a CCA request formally then do they have to provide. She said they may not have it. Although she was hesitant and trying to avoid the topic of the Agreement. I got an email address to send the formal CCA to. They said a bulk court claim had been put in and they couldn't do anything with the claim now until i respond to paperwork. I haven't lived at the address they said the details where sent to for about 2 to 3 years so haven't received anything. The girl provided me with a number for the court but no name so asked me to call them for a copy of the paperwork. I asked to put the account on hold and explained the situation about traveling but they where not having any of it. What do i do? Please help!
  19. We have had numerous issues with a caravan purchased from a dealership in less than a year we have had approximately 44 issues with the caravan with several issues being serious. Four of the issues resulted in the front and rear panels being repaired and then replaced. The advice I got from a lawyer was as follows; Although I appreciate you approached XXX Caravans to supply you the caravan, as you took out a hire purchase agreement with Black Horse, they are the retailer of the caravan. T herefore any rights you have under consumer law are to be exercised against Black Horse and not XXX Caravans. Under the Consumer Rights Act 2015 Black Horse have an obligation to ensure the goods supplied to you under a contract are of satisfactory quality. This means they should be fit for their purpose, free from minor defects, safe and durable. For the problems you have described in your email it would appear this is not the case, as a result Black Horse are in breach of the contract between you. I have always been under the impression that the supplier is the retailer and that the contract is between the consumer and the supplier and if there are any issues I need to approach the supplier and not the finance company although the finance company do have a responsibility. As we have had so many issues with this caravan which appears to be a Friday afternoon lemon made from left over pieces of other rejected caravans, we are considering rejecting the caravan even though we have had it since July 2016. The £1000 deposit was paid using a credit card with the balance financed by a trade in and HP. The caravan cost in excess of £30000. We have had approximately 100 days usage from the caravan. The question is whether the advice from the lawyer is correct or not? Thanks.
  20. In October 2015 we ordered a new Buccaneer Cruiser caravan and paid a deposit of £1000. The caravan is due to delivery within the next few days. We chose this caravan as it is wider and has self levelling making it easier for me as I have rheumatoid arthritis and therefore mobility problems. Between the time we paid the deposit and now we raise a few issues about the rear panels on these caravans as there was an issue with some developing cracks. The caravan is advertised with a 10 year water ingress warranty and one would assume that this covers the outside panels however on reading the owner's manual which cna be obtained online I found out that the panels only had a 1 year warranty. I emailed the dealer on a few occasions with our concerns about the rear panel and they replied and gave us re-assurance and I left it at that however on Saturday someone went to take delivery of their 2016 Cruiser and foudn crazing on the rear panel. I raised this with the dealer as we were have 2 units fitted onto the caravan and requested if we coudl view the caravan when it was delivered and before they did any fitments to the caravan. This was their response; Martyn is on holiday at the moment and won’t be back for a few weeks .I have just been looking through your email with the concerns you have with the buccaneer cruiser 2016. I then started to look though the rest of the emails you have sent us over the past few months. You have great concerns with the caravan . On a personal level ,this occasion we feel this would cause you a great deal of stress to yourself and the company if a problem was to happen in the future with the buccaneer cruiser. with this in mind on this occasion I obliged to return your deposit and cancel your order. we feel this is the best course of action for you .can you please call us to return your deposit asap . Can they cancel the order and issue a refund bearing in mind that they have had our deposit for 5 months plus I have had to paid £425 for the air con on our current caravan to be transferred and another £99 deposit for a Paintseal treatment? The wife is absolutely livid as she has been looking forward to us taking delivery of the caravan.
  21. JHi, and thanks to all those who contributed to my other thread in respect of ESA, the help has been greatly appreciated and I would appreciate any same kind advice on my PIP Tribunal was has now been listed and will proceed in a few weeks time. My initial reason for the Appeal has been based on the time it took the assessment, (approximately 14 minutes) and this was for two conditions, physical because I have a heart condition and for my mental problems which are secondary to the heart condition, PTSD, anxiety and depression. During the examination, the assessor just repeated the same questions that l had provided in the questionnaire and no physical examination was carried out, giving the time it took as opposed to other assessments that I have taking , it was as if the decision was already made before I walked in there, the assessor was and in theory just going through the bare minimal motions which I feel is unfair and not to mention the fabricated report which if true would have taking the assessor about 45 minutes to an hour to conclude what he concluded which was a complete pack of lies in all honesty, my wife who cares for me was at this assessment. I feel and this is purely based on previous assessments and not just an assumption that I was denied the right to a full and proper assessment which every claimant should have any rights too, have I got grounds?, thanks
  22. Hi My mother has been made bankrupt following a stat demand. I really need advice on this issue from someone urgently please The demand was served by a gentleman at her house personally, however had no dates on the demand. It just stated to pay within 21 days. It mentioned the case would be heard at the local court, but no date was given for a hearing. The debt was for £15877 which was owed. Yesterday we believed was the 21st day, but difficult to confirm as no dates on the stat demand. We paid the solicitors yesterday in full, but received a call from the receivers to say the bankruptcy order had already been made that morning. Should my mother have been made aware of the court hearing in order to be able to represent herself and offer the payment? I have read that she would have received a bankruptcy petition and a date for her court hearing, is this true? Is there anyway to get this annulled now, as bankruptcy would be catastrophic as she cares permanently for my father who has dementia and Alzheimer's, and this stress could truly destroy them both. Any help will be hugely appreciated as right now I'm feeling completely broken for them. Thanks
  23. Recently my father who i have not seen for over 40 years recently passed away, my brother has been in contact with our father over the years but nothing recent. My brother has confirmed he had a policy to cover his funeral but he amount is only £1,600.00 My brother who is on benefits has contacted the DWP with regard to the funeral payment but has been told as our father had other family member not on benefit he cannot claim the payment. According to the DWP he cannot apply or receive the funeral payment due to our late father having 2 other children, my brother explained that we had no contact for over 40 years but they said its totally irreverent and due to myself and my sister not being on benefits we are being told to pay the costs in full. Are the DWP correct in the information they are stating ?????
  24. Hi I could someone please help. I have someone that I used to help with their benefits ESA, etc. Unfortunately I had to leave area for over a year and could no longer aid them. I recently returned and as the person in question is extremely isolated due to their issues, they need my help again. Thing is because I was their only ‘port of call’ they have made their situation far more complex. They forgot/ failed didn't have the capacity to inform HB of their new address. Luckily the scope of the room id address approximately soon after I left to a similar property i.e. single room. And the rent and the housing benefit is exactly the same. But last week it would seem that it has been stopped. We are not 100% sure yet as we cannot phone until tomorrow but evidently the rent should have gone in on Friday but hasn’t. They suffer from severe agoraphobia and similar and are completely disorganized etc. Before I left the area I did all the paperwork for them. If it has been stopped what is the procedure and what can we do to get it updated etc. Would HB have written to him (at his old address) to update details and because he didn't reply stopped it? Should we phone up and explain the situation? It’s not like the person in question has stolen any money, as the rent (same amount exactly) has been paid to the new landlord each week) His medical records prove his temperament etc. which the dwp have. I’m assuming HB as least would be sympathetic to this? The amount that is being paid is the exact same amount that would have been if re-assumed to the new address? he had no-one to act on his behalf, until now. Its a nightmare that could have been avoided had he some kind of support network. Can someone explain the best approach etc.? I’m quite happy to write a statement that I was the single person that always acted as their advocate and that without me etc. they were helpless/ useless etc. I believe that a next door neighbor acted on behalf with the move but failed to help him inform/ fill in new HB paperwork etc. And evidently because the new landlord doesn’t accept dss (he felt it impossible to sort out the situation himself and instead just kept paying the rent to the landlord) Can someone offer advice sympathetically (these forums can be harsh sometimes) thank you very much.
  25. Hi all I had a Very Account which was passed onto Lowell Financial and received a Claim Form dated 24th March from their solicitors Lowell Solicitors which I assume are the same people. I then received a letter dated 29th March after the claim was issued that they have issued legal proceedings and I would be receiving the claim against me soon as I failed to make payment or respond to their letter of claim. On 5th March I had a miscarriage and was in hospital since 3rd March and for obvious reasons wasn't well and was recovering, I was given the bad news on 23rd Feb. On opening my mail to see how quickly this claim came about I realised that I was sent a 'notice of Acting' letter from Lowell Solicitors dated 22nd Feb with another letter attached to the same letter dated the same 22nd Feb from Lowell Financial stating they have sent it to Lowell Solicitors to arrange payment. I then received a letter dated 28th Feb a 'letter of claim' stating that they have not heard from me and have been instructed by their client - Lowell Financial to commence legal action and issue a claim. There is barely 7 days between the 2 letters and how they expected to allow me time to receive these letters and respond beats me..... . It then went onto saying that in order to avoid this action contact them by 14th March otherwise action will be taken and costs increased. Due to my miscarriage I hadn't opened my mail etc, then the claim arrives. I called Lowell Solicitors and explained the situation and asked them to retract the claim as I was willing to come to an arrangement and wasn't happy that their timing with letters was unacceptable. The lady I spoke with said she'll allow me additional time for the acknowledgment till 26th April to which I have acknowledged the claim online. I told her my mitigating circumstances and she said the only way they could retract the claim was by my defending it..... I need to defend this as soon as possible regarding the timescale issues and my circumstances, and that this claim should never have happened had their letters allowed me time to respond to them. I told her that this has just increased the balance and that I am just getting back to normality and I am on working tax credits. I would really appreciate any help towards the defence and any other advice that would help. Regards IM4347
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