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Found 132 results

  1. Hi i bought a very expensive watch from an online retailer couple of months ago and paid for it using V12 retails finance. 1 The watch was dispatched by them on the 19th of October 2018 however I received it after a failed delivery attempt on 24th October 2018. 2 After receiving the the watch I went on holiday for a few weeks and left the watch behind, I think it is at this point the watch stopped working or immediately before I came back. 3 On the 21st of November 2018 I notified the retailer that the product has become fault as its stopped working. 4 They advised me that since its outside the 30 days return period I am not entitled to a refund. 5 I argued that I took delivery of the watch on the 24th October 2018 therefore as far as I am concerned it still within my right to reject in 30 days. 6 Moving forward I lodged a S75 with V12 Finance and they started investigating once the claim was lodged I sent the Watch back to their return address to which they have not sent any confirmation but I used Special Delivery so i have proof it was signed for them 7 V12 finance advised me they have received the watch and that they have sent it to Switzerland to be inspected. And they have also confirmed that once they have inspected the watch and IF and only IF there is a manufacturing defect will they refund. 8 V12 Finance have advised that the watch has sign of wear to which I replied of course it would as I was wearing it and had intentions of keeping it. Now my point is if its the battery that failed within the 30 days will it be classed as manufacturing defect or simply not as satisfactory for a reasonable individual to expect. Also the fact that I have had bad experience with this brand I simply do not want the watch any more. What options do I have or am I stuck with this watch?
  2. Today I received a white county courtclaim form from northampton for the MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012. On 12th Nov PRA Group wrote to me in response to my returned PAP form where I stated I dispute the debt because I need more documents or information Specifically I wrote: I need a copy of (1) the Default Notice, (2) the Notice of Assignment, (3) a complete set of statements detailing exactly how the debt has accrued detailing: (a) All Transactions, (b) Any additional charges, be them by the original creditor or you PRA Group (UK) Limited, the debt purchaser or any predecessor, © Details of all contractual interest added by whom and on what date, (d) List of ALL Payments made toward the Agreement. The PRA group letter on the 12th said, that in response to my query (PAP form) please find enclosed copy of statement of account from MBNA and a copy of the credit agreement (was an online application 2008) plus statements from the MBNA credit card (virgin). The letter goes on to say that they will put the account on hold for 30 days until 12th December to allow sufficient time to receive the letter and contact them. Today I received the county court claim form. I don't know what to do now? Please advise. Should I try to a negotiate an offer with PRA or will I have to pay in full somehow! I don't want a CCJ registered.
  3. I sold an item on Etsy sent with myhermes and my customer didn’t receive it. The item was posted on December 11th but the buyer didn’t inform me they had not received until January 15th. I informed myhermes who said that they could not locate the parcel but would not pay compensation as I informed them after 28 days. The item is worth £20 so within the standard compensation rate. their terms state: You must notify us in writing of any claim for Loss or Damage or Late Delivery within 28 days of the date of the relevant Order. If you fail to do so, we will not be liable to you for it, except where you are able to prove that it was not possible for you to notify us of your claim in writing within this time limit. I offered as proof that I could not notify them as my buyer had not informed me of the loss. They have refused this as proof stating that proof is only where the sender has been hospitalised?! I’ve asked them to clarify the proof term and direct me to where this is written in their terms but they can’t provide this. I’d appreciate some help with moving forward with this please. Are they within their rights to refuse compensation and put a 28 day limit on informing them of a lost parcel? Can they refuse as proof the fact that I was not informed of the loss by my customer before the 28 day period?
  4. Sorry if this seem to be a long post , but please bare with me My Daughter signed via the internet for basic 11gb BT broadband , she has yet to receive a hard copy of the contract or “Welcome pack “,only an email confirmation About 10 days after applying she received (by post ) the BT hub , and a day later put it into service . She was horrified 3 days later to receive a warning email telling her she had exceeded the download limit by almost double . Horrified due to A) The high cost of excess data charges B) The fact that even though devices were connected all were set to not update unless the relevant ok was clicked , she had not carried any downloads or film watching and could not understand how so much data could have been downloaded She then disconnected all connected devices , went out , and 3 hrs later when she checked it was showing and additional 10gb of data had been downloaded , this on an up to 8mb service Then the first of many calls to BT “customer service “ Various assurances were made , ignored , denied , forgotten She was talked down to as though she was a silly school girl , talked at , talked over and hung up on , in the latest call , witnessed by my OH , she had to tell the BT person he was rude , and to stop talking over her when she was trying to get her points across .The first BT person had said they would look into the downloads and tell her how and when . BT , as yet have failed to provide this data , and are deny ever saying this was possible , lets hope a review of recordings of telephone calls will show who is telling the truth She / we then decided we had had enough and to exercise the 14 day cooling off period . That is when the sting in the tail came . We consider the cooling off period start date is when you actually start to use the service . O no say BT it starts when you sign up. So you sign up get the service , find it wanting , go to cancel and get stuck with a £204 cancellation fee , because you have passed BT cooling period . We are refusing to pay the cancellation charge , only offering to pay any outstanding data charges , so BT said they would send a deadlock letter , this they have not , instead , a standard cancellation email has arrived . The standing order to this account has now been closed , and BT informed to only communicate by letter , as my daughter has limited ability to connect to secure and safe internet ( essentially ours at our house ) A letter of formal complaint has been sent .along with an offer to settle only outstanding data charges . My Daughter is a special needs care assistant on National Minimum wage , with a school age child , and is attempting to live independently , there is no way she could afford this cancellation fee So over to the experts Is this an unfair contract condition What chance do we have going up against the might of BT Last sum up ,For 3 days internet , BT want £204 as well as the initial charges !!
  5. Name of the Claimant ? Southern Water Services Date of issue – 10/11/2018 33 days was up on 8/12/2018 (3 days ago) only found court letters yesterday. Particulars of Claim The Claimant is a statutory water and sewerage undertaker pursuant to the water Industy Act 1991 (the Act). The Claimant claims the sum of £1700 for unpaid water and/or sewerage charges payable under s.142-144 of the Act and the Claimants Charges Scheme. The unpaid sum of £1600 is for water and/or sewerages services provided to the Defendant(s) at ************ for the period of July 2011 to July 2018. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from July 2018 to November 2018. Claimed amount £1700 Court fee £105 Legal representative costs £80 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Received 2 letters from shulmans llp - letter before court action, and multiple from UK SEARCH LTD prior to that What is the total value of the claim? £1800 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Water When did you enter into the original agreement before or after April 2007 ? Been at the property since 2008 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Think so Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claiment on court form is Southern water but they insist it's been passed to UK Search/Shulmans Were you aware the account had been assigned – did you receive a Notice of Assignment? Letters from uksearch Ltd acting on behalf of southern water. Did you receive a Default Notice from the original creditor? Probably Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Haven't made any payments. On benefits can't afford total sum. What was the date of your last payment? Years ago. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes. Made an online application for Southern Waters NewStart Scheme (was ignored). Tried to negiate a payment plan with Southern Water's legal department but they say their is nothing they can do as the debt as been passed on to UK Search Limited.
  6. I bought a used car from a local independent dealership on 11th June this year for £5200 (Nissan Qashqai). It's been a good car since i bought it up until 2 days ago when the CD player stopped playing CDs (it's a 6 CD changer) and then yesterday when the car went into 'limp' mode when driving home. I called the AA who diagnosed a fault with the turbo and towed me to the car dealership. As it was late on a Sunday evening i left the car outside the dealership and returned there this morning at 8.30am to hand over the keys, explain the situation and ask for a repair. The reason i am posting this is that one of the chaps in the office asked if i had paid for their warranty (i hadn't) and said i've therefore just got the basic warranty (up to £300 limit for repairs i think). I replied that i was wanting it repair under the Consumer Sales Act. He made a reply along the lines that it was not applicable to this situation and then walked off. I continued to deal with the other chap in the office, gave him the key and my contact number, He said they'd contact me later today once it's been looked at. I'm just slightly concerned that the dealer might not play ball and get it repaired. I sent an email to the dealer half an hour later confirming the timeline of purchase and when the faults occurred (both the CD player and the turbo) and confirming that i am requesting a repair. I also enclosed a copy of the AA's report from when the recovered the car. Is there anything specific that i need to do in the meantime? If they reply that they want me to contribute to repair costs, i am right that i can demand they cover it completely under CRA rather than warranty?
  7. Hi all, Looking for some guidance regarding 5 legitimate?? (unsure) PCN s on a broken down vehicle. Scenario. My sons car broke down away from his home. He has a valid residents paid on street parking permit for his home. but could not arrange a tow . He tried one garage.... but no availability, until finally contacting an available garage 5 days later which was then free to tow and repair it . He put a note in the vehicle windscreen to advise of breakdown. He received 5 PCN's over nine days. Could anyone guide on a suitable challenge? Please. Also on legality of number of PCN's issued. Many thanks . email me if allowed. Cheers Steve.
  8. Hi, I have been away for a few days when I came back yesterday, I noticed my car was gone. I obviously freaked out and called Police who advised me to call TRACE, I did it and there was no entry on their database about my car. There was no letter, or phone call, email, SMS or anything to let me know that my car was taken by Marston. Not a single notice. For all I knew, my car was stolen. I then called Police back, and they were able to find out that Marstons took my car. I called them immediately and was told that it was due to a PCN issued last year by Kensington and Chelsea council. I have no recollection of ever receiving a PCN there, but I have been to the Chelsea Hospital to support a friend who was 9 months pregnant and feeling contractions. The address and date matches, so it must have been that, there was no PCN on my windscreen, though. I then told them that I have never received any letter from Marstons regarding this, neither before they took the car, nor after. Their reply was that they didn't need to do that because the Council have done it already, and they were given the warrant to control the vehicle, so they went ahead and did that. They said that the Council has sent me 4 letters asking for payment. After speaking to Marstons, I decided to comb my old letters to see if I find any communication from the Council and I found only 1 letter. Sent in October last year, exactly 3 days after my younger brother died, so it must have gone unnoticed by me during that emotional storm. I have sent an email to the Council saying the same thing I wrote above. Got a reply saying they have forwarded it to the Parking team and they will reply in due course, whenever that is. Marston is now preparing the car to be auctioned unless I pay over £600 to recover it. Are they correct when they say they did not need to send me any notice? It doesn't look right to me. I want to pay the PCN, however, I cannot afford to pay what they are asking. I guess the council can intervene but I am not counting on it. There must be a way out of this? Best regards.
  9. Hi, I think I have made a minor mistake - a Ltd company owes us (we are also Ltd company) for an unpaid invoice. The invoice has been unpaid since April, we sent a letter before action by email: I copied this text from something I found online, the number of days was blank so I just put 7 in there thinking it was reasonable. Anyhow I have now read the pre action conduct page here https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct And they mention 14 days. ooops. As the 7 days has elapsed do you think I should send another letter giving 14 days, or should I continue with my Draft MCOL claim? PS Email OK? PPS do only work days count or do weekends count too? Thanks in advance.
  10. Hi there, I received a county court claim form with the date of service 19th june with no particulars of claim attached. I filed my AoS and i have been waiting for the PoC but they still haven't been filed . My defence date is tomorrow (17/07/18) so im really at a bind as what is required of me. I'm thinking i have to send in a defence but i'm not sure what to write the defence against as im sure its defending the points set out in the PoC. Its briefly outlined in the "Brief details of claim" on the front of the form but besides that...nothing. Should i write my defence up to defend against the brief details of claim? Really appreciate any help you can give me! Thank you
  11. I have recently returned from Cuba, it was a fantastic holiday that was only spoilt by a loss of 2 days. When we booked it we was due to fly to Havana, Spend a couple of nights there, then fly on to Cayo coco, using an internal flight. Spend 14 nights then fly back to Havana for an overnight stay then Havana to Gatwick.. The internal flight time was 45 mins. 3 days before our holiday we were contacted by our holiday company stating that because of a recent airplane crash at Havana they would not be using any internal flights.? Which is fine, safety first etc.! The holiday company said that they would be giving us a private car and we will be driven to our destination. It was a taxi. I asked how long this would take to which they replied ' oh about 4 hour's.? There was no other alternative offered. The journey from Havana to cayo coco took 8 hours...! With the same again on the return. We basically lost 2 days due to travelling. Have I got a case for some compensation?
  12. Good Afternoon All, Just wonder if I have this all wrong ?! I appealled a TFL PCN, Appeal was rejected and the rejection letter stated I had 21 days to pay at reduced rate of £65 from the date of the letter of rejection which was 11th June 2018. ...' if you pay the penalty charge within 21 days from the date of this letter you may pay the discounted amount as full and final settlement...' I calculated from the 11th 21 days I could pay by the 2nd July at the very latest? I went to pay the fine today and it has increased to £130 ! Have I miscalculated the dates/wording? surely the 1st falls within 21 days from the 11th July? As it is a Sunday and no one is available at TFL to talk to I thought I should pay it and hope they can refund as if I didnt pay then tomorrow am sure they would say I missed the 21 days...am now more than broke.. Am I right to think I had until 2nd to pay or have I misinterpreted the letter? Many thanks
  13. I've got two parking tickets in two days. I work in the railway and we have started working around the Wimbledon area. The first ticket was an honest mistake. Issued on Elsenham Street. We usually move our cars at 13:30 but I forgot and they pounced. The second was today from Merton Council. I had a good look around as I parked but for the life of me couldn't see any sign. I came back and there was the ticket. I then had an even better look for the sign and saw that it was a long way away, in the photo it's about four car lengths and was blocked by a lovely pink tree from my view on the kerb. Wondering where to go from here? The Silver car is for Wandsworth (Elsenham Street). The Van (mine) and sign is for Merton (Home Park Road) Wandsworth.pdf Merton.pdf
  14. 50 Days to go until the tenth Armed Forces Day READ MORE HERE: https://www.gov.uk/government/news/50-days-to-go-until-the-tenth-armed-forces-day
  15. Hi everyone, hoping to find some urgent last minute help in this wonderful community ------------------------ Hello everyone, Only just joined the community, but have been carefully following few threads to help with my personnal situation. So far it has been a priceless source of information and I hope to seek further help! I have my court hearing this coming Tuesday at 10am - here is a timeline of events: - Vanquis Agreement dated 05/08/2010 - Last payment made to Vanquis on 30/12/2011 - Notice of debt received by email from BW Legal/Lowell on 13/09/2016 - Letter with CCA request sent on 28/09/2016 - which was ignored - Claim issued by Lowell on 03/10/2016 - CPR18 request sent on 25/10/2016 - again, ignored - Defense sent on 05/11/2016 (copy of my defense attached in the thread) A year gone and never received the documents I asked in order to prepare defence of enter into mediation - DQ filed by claimant on 20/11/2017 - Sent another CPR18 request on 24/11/2017 - yet again ignored - Direction Questionnaire filed on 30/11/2017 Which brings us to present days, and the witness statement receive from the claimant only 2 weeks before the hearing (attached to the thread) - while I have been requesting information since November 2016 ! With the hearing happening in 3 days, I'm getting exponentially nervous about what's going to happen - and how I should prepare to defend myself. I misunderstood the notice of allocation for the hearing and didn't send a witness statement myself... is there something I should do/say at the hearing? Can someone kindly advise on the best course of action for me to get in the hearing with a bit more confidence? I'd like to avoid a CCJ at all cost and just want to settle the debt - but have missed the oppotunities to do so as they failed to send the documents I requested A few questions I have after reading the witness statement several times: - I never received the Notice of Assignment. Statement says "defendant put to strict proof to the contrary" - clearly, shouldn't these kind of documents be sent registered and/or signed for? My gut instinct is to say they should be the one proving they served me with the notice of assignment (their responsibility, isn't it?) - With my CPR requests, I have sent deadline for them to collect and send the requested documents - none were respected. I literally had to wait almost a year and half and the witness statement (just a few weeks before the hearing) to get any sort of documents from them. Is that a point for me to use in my defence? As I've been chasing documents for a while in order to prepare my defence, ignoring my requests and sending these at the last minute should play in my favour? Many many thanks in advance for any help that the community could provide me with I will make sure to keep everyone updated. BW Witness Statement.pdf BW Defence.pdf
  16. I am not sure of the correct place in the forums for this post so if it is in the wrong place please move it to the appropriate thread. Story: Our disabled daughter and her partner of 20 years having being living together in housing association flats every since they got together. Over time they have moved about 4 times and in every case this has been directly due to their behaviour and drinking. It was not to bad originally but since they were moved into a block of flats (3rd floor with no lift) my daughter who suffers from hydrosypholis and is weak on her right side has difficulty climbing the stairs. We used to be able to keep them fairly well in check but because we cannot make the stairs ourselves the drinking and behaviour has gotten worse. It got so bad that she was taken to court for pouring beer over the occupier of the ground floor flat and was fined for it. Her partner however got violent during a heavy drinking session and hit her causing server bruising to her face. (not the first time) He has just been found guilty and has to pay a fine. They are not permitted to have contact as part of the court rulings. When my daughter was taken to court (beer offence) she was hit with a cannot return to her flat as part of the rulings and the judge asked if we could take her in for 2-3 days while other accommodation was found for her. The housing association she was with said they were not prepared to help and forced my daughter out of her flat as they did not want her in any of their properties. (I can understand their point due to their past). We were given a number to call to a person who helps find properties/places for people like my daughter. and we called him and he got om the case. Everytime we try to call him for a progress report he always seems to be "on holiday" and when do actually talk to him there always seems to be excuses as to where any sort of decision has been made. Currently waiting for the outcome of a interview she had with a group who deals with people like my daughter and helps them get back on the right path (so to speak). We phoned again today to find out if she has been accepted only to find out that they are waiting for a certain person to come back off holiday (yet again) and then have another interview and a decision will then be made. She really does need to have her own place with proper supervision and help. Our main problem now is that the court said 2-3 days and it's now over 3 months. In all that time we have kept her away from both drink and her partner and she is coping ok. We do have to be careful of what we say when she is around as we think she is a little paranoid when she hears people talking as she thinks they are always talking about her. Our own life has been disrupted considerably and are getting to the point where we feel we cannot do anything without her being in the background. Is their anything we can do about this excessive time span given we were told 2-3 days and something should be sorted for her.
  17. I ordered a wooden bed frame and was promised it would be delivered today so got my old one taken away before this one was due to arrive. Only two of the 3 boxes arrived with the courier and there is therefore no way to build the bed until the last part gets here. I live in a bungalow and have osteoarthritis so am not able to sleep on a mattress only, nor is my sofa a suitable alternative. I am therefore having to stay in a budget hotel for the weekend as I have no friends or family in the area. The couriers say they have never had the item and the company (Getlaidbeds) say it is not their fault so all they will do is refund the delivery charge. As my having no bed is a consequence of the situation and Getlaidbeds are, I believe, responsible for the actions of the courier, surely I am entitled to some compensation for the costs of a reasonable place to sleep?
  18. Sending some Christmas presents, I booked a Next Day delivery with Parcel2Go on Thu 21 Dec. I put the item in an InPost locker for collection, but it wasn't picked up by the courier until Wed 27 Dec. The presents finally arrived Thu 28 Dec, a full week after I posted. Xmas happened in the middle extending the delay somewhat, but still the courier was technically 2 working days late in even collecting the parcel which was advertised and sold to me as Next Day delivery. I've asked P2G twice for a refund, but they say they don't guarantee delivery so aren't obliged to. They wouldn't refund even as a gesture of goodwill (I am, or was, a regular customer). Elsewhere I've read that as long as a parcel is delivered within 31 days it is not considered late. Can I somehow get a refund under false advertising/trades description (or similar) for this 'Next Day' charade?
  19. Hi and thanks in advance for any time and help . Been meaning to post for a while , a letter that arrived yesterday (29/9/15) has spurred me on , My wife a number of years ago had run up a £10k Yorkshire bank visa card debt. When I looked into it earlier this year when she told me about the debt it seems (according to noddle) she received a CCJ dated on her credit report on the 1/10/09. The letter that arrived yesterday from the county court is titled a "general form of judgment or order" and goes on to say ," It is ordered that ME III limited be substituted as the claimant in this claim" , the letter is dated 28/9/15 . Am I right in believing this letters arrival has stopped the debt becoming statute barred by two days , also as far I am aware there hasnt been any PPI on the debt (not 100% sure) but I am sure there are some hefty charges . And so whats the best way to move forward in this sticky situation .She doesnt really earn that much to even attempt to clear the debt over a number of years so I would have to seriously help . It really affected her nerves hiding it from me for so long and the latest letters arrival may start her off again . Thanks for reading , Andy.
  20. Hello all Wondering what advice you would give for this particular scenario Have received a letter in the post this morning from a company by the name of Marston, It says I have not paid a fine of £660 It says a court order has been made that gives enforcement agents the power to visit me, my address has been identified and traced, as I have not responded to letters delivered to this or a previous address an enforcement officer will be asked to visit within 14 days unless you make payment or discuss your specific circumstances.. I know nothing of this fine or what its for, How do I proceed? Any help appreciated folks
  21. Evening all, hate to say it but I need some help and advice again. I bought my wife a 62 plate Jaguar XF from Trade Centre Wales on the 6th November. It's done 90k and HPI shows 2 previous keepers. 10k trade in, £10 on credit card, balance by debit card. On the 7th, had trouble starting it. Press the button and the gear selector knob comes up and the dash lights up. After less than a minute, lights go out and knob retracts. Several attempts to start it and same thing. Gave up. Came out half an hour later, tried again and it works ok. Had the same problem on the 8th and 9th, intermittently, it simply won't start. It doesn't try to turn the engine, just shuts itself down. It's an intermittent fault and there's no rhyme nor reason to it. Sometimes it's ok, sometimes it's not. Over the course of the 3 days, it was also noted that the ECO stop/start system isn't working at all. On the 10th, the new V5 arrives and shows 3 previous keepers, not the 2 that they advised. I immediately sent them a rejection letter giving them 14 days to refund in full citing the V5 discrepancy and the 2 faults discovered to date. They have emailed 3 times now, refusing the rejection and stating they want the vehicle in to check it and rectify any concerns I have. They have also told me in their last email that I can't reject as the faults are minor. I've spoken to the bank re section 75 claim but they haven't got back to me yet. Any advice on my next move? Should I get a local garage to do an independent inspection? The owner has already seen the starting problem. I'd appreciate any help or advice you can give.
  22. Purchased a new phone (online) on an O2 pay monthly contract via mobiles.co.uk. My current provider beat this deal at last minute hence me wanting to cancel the O2 contract and return the handset. I am within 14-days of receipt of handset but have used the SIM/handset (no calls - just testing coverage). mobiles.co.uk's return/cancellation policy (here) states use of SIM/handset signifies acceptance of contract. It also mentions that coverage issues should be discussed with them/the provider before a cancellation can be approved. Either way, the handset will be returned and I will not be honouring the contract - however, just interested if anyone has had experience with similar and best way to approach them - purely because I want the upfront cost of the handset refunded without any problems or protracted battles. Thanks.
  23. I have a joint account overdraft debt (First Direct) from 2005 which has been on my Payplan DMP since 2011. The current DCA (Arrow Global) appointed Restons Solicitors who sent Claim Forms to both me and the other party, my ex. Payplan sorted my reply offering £1 per month. I didn't realise that my ex needed to send Acknowledgement of Service and I told him, wrongly,that I had it sorted with my DMP. The claimant rejected my offer and the court issued me a judgement by determination for £20 per month. My ex was sent a judgement by default. (The amounts on the two judgements were different, and on his default judgement it stated he'd paid £1, which he hadn't - it was my £1 from my DMP). I subsequently applied for a redetermination as I thought we would each submit budgets and he would start his own DMP and we could get the monthly payments reduced. The redetermination hearing is next Wednesday and states both me and my ex as defendants. My ex is long term unemployed, on jobseekers allowance and housing benefit. I am 58, self employed, on a low income and in receipt of working tax credit. Neither of us has any property, savings, assets, insurances, or anything of value. The debt is the second smallest on my DMP (total debts £24.8k). My ex is furious that he now has a CCJ and refuses to attend the hearing and refuses to do a budget. I feel responsible for sorting out the mess. My girlfriend has now offered to pay the claimant in full & final short settlement if the claimant will agree that no further liability is due from either party. Total being claimed is £461.80 plus £107 costs, so £568.80. After a couple of offers and counter offers, Restons said on 22nd Nov they would accept £422.85. I offered £400. Restons say they are waiting for Arrow to decide whether to accept my £400 offer. They're both dragging their feet unnecessarily I feel. Since it's less than 5 days before the hearing it's too late to apply to "vacate the hearing" so I must attend the hearing, alone. I need to email the court to tell them of this new development and also include authorisation from my ex. I want to email the court today or tomorrow latest to tell them about my offer, also including email from my ex authorising me to do that, also that the delay is down to the claimant. How should I word my email, how should my ex word his email, and since its a redetermination hearing that I applied for, how will the offer of short settlement affect the hearing especially since my ex won't be there. I know I ought to have sorted this out sooner but I have ADHD and also long-term depression, which makes life difficult sometimes. When I originally got into debt, before my DMP, things got so bad that I had a breakdown I'm better now. I've spent hours and hours looking up civil court procedures, protocols, practice directions, legal processes, advice websites, CAB signposted me to RCJ free advice session and they suggested I attend the hearing with my budget, which I will do. I just need to know how to handle communicating with the court about the changes, and at this late stage I can't afford to make any more mistakes. Any relevant advice much appreciated. Many thanks
  24. Good afternoon all. New member here seeking some clarification on a couple of things. Story so far. Collected a brand new vehicle from Land Rover dealership on 30th September 2017. Car developed faults and went to same garage for repair on 19th October 2017. It is still there 3 days later and I will get an update on Monday and maybe the car back then. I have lost confidence in the car and looking at the Landrover forum, this fault and others appear common and are likely to repeat at some time in the future. I am concerned that if I do not reject the car within 30 days then I am potentially left with a lemon. Questions: 1. Can I still reject the car even if faults are fixed (albeit they may only be temporary)? 2. Does the 30 days expand to include time in the garage (four days so far) i.e. do my rights hold for 34 days? 3. I purchased the car on a PCP, who do I reject the car with (dealer or LR finance co - or both)? I see there are a number of letter templates for this but please forward any proven ones pls. 4. My old car was traded in and now gone from the dealer I assume. It was on PCP and was in negative equity. The new PCP rolled up the neg equity and financed the new car. What is likely to happen to the repayment of the PCP. Is it a new contract and relates directly to the new car only or am I likely to have to cover the old neg equity to exit? Not sure how I stand legally here. Shame because I do like the car but I do not want to have a problematic car. I would consider exchange but I have lost confidence with the brand and these problems appear to be widespread to the vehicle. Any guidance/help would be appreciated
  25. Hi All, A friend of mine is having a problem that I'm helping with. He purchased a secondhand Mercedes sports car for £26,000 from what he considered a reputable car dealer (not main dealer)it was delivered Thursday 13th July 2017. They are FCA regulated (Ref No 658267 ) and a representative of (MBI) Limited (Ref No 312143) He paid £10,000 deposit cash and the rest on finance with Close, the first day he noticed problems which were reported the second day, he thought there were gearbox problems and noticed the active intelligent lights were not working. He was asked not to drive the car and either get it brought back or taken to a local garage to see the problem, he managed to get it into a Mercedes specialist on the next day - there was a 9 page faults list including electronics, possible not Mercedes front lights and engine misfiring on some cylinders. He did not drive the car as advised and called dealer supplied the report and asked for a refund, the dealer said he would consider it, I helped him draft a letter Monday 17th saying under the consumer right act - right to return, he would like the car picked up, and a full refund based on the independent report and his right to return a faulty car. I listed the main faults, I also noted the cost he had incurred in taking the car to garage getting home then having to pick it up again, he also had to pay for engine oil and other expenses. I sent this to the finance company as well asking for acknowledgment, they haven't as of yet. So far the dealer has refused a refund and said they won't accept responsibly until they have an independent report done, I pointed out that they have had that for 3 days. it's nearly a week and they have the car, the report, his money and he doesn't have any transport. Thoughts?
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