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Found 11 results

  1. Hi I'm sure this has been covered many times but I've tried searching and not found anything specific. To cut a very long story short I purchased a second hand car on the 17th Feb 2018 on HP through first response finance via a local dealership. On the 6th May an injector fault code had shown up after many tooing and throwing between myself and the dealership and the finance company an attempted repair was carried out by the dealerships approved garage where they fitted a new injector. I picked the car up on the 17th May (yes it did take that long for this garage to fit a new injector!!). However upon picking the car up we discovered it had a diesel knock, not something it went in with! We then had it at a further 3 garages, arranged for by the dealership and i'm assuming covered under warranty and the 3rd garage took all the injectors out and sent them for testing, all came back as ok BUT he has advised the noise we hear in the car is actually due to a failing flywheel. Driving the car away from the 3rd garage on the 8th June we discovered the diesel knock had been fixed and realised this vibrating noise was always present in the car from purchase... just to shed some light, its the first time I've even driven a diesel!..i thought the vibrating feeling when stationary at traffic lights was 'normal' and as i'm no mechanic I didn't realise this was to do with the flywheel. After speaking to the finance company and raising a complaint with them we've since had quotes to repair of between £1,300 and £1,700 to fix this flywheel issue and replace the clutch, clearly after only owning the car since Feb and it's been in for repair since early May so actually only driving the vehicle for 11 weeks they're claiming wear and tear therefore not accepting any liability. I'm obviously aggrieved at the prospect of having to pay out anywhere up to £1,700 on a car worth £5.5k (Peugeot 3008 10 plate with 59k on the clock) however my argument is this issue with the vehicle has always been present and I find it hard to claim wear and tear when I hadn't owned the vehicle for that long. BTW the approved garage where the injector repair was supposedly carried out and who had my car for 3 weeks and came out with another fault was the same garage that MOT'd my vehicle and passed it without a working horn (something which we got fixed straight away!) therefore my confidence in that garage supplying roadworthy cars is clearly jaded. I've sent the final response from the finance company to the FO but I wondered whether you guys have any advise for me or whether anyone has had similar experience and can offer any advise? Sorry it's so long but this is the condensed version!! Thanks for your help
  2. Hello all. Been following these threads and others as I am in the same leaky boat I have sent Erudio the template letter (not their own forms) requesting deferment and three months payslips as I usually did with the SLC. Sent it by recorded mail. They completely ignored it and sent me out a new erudio application form saying my own form was undated and unsigned (it WAS both dated and signed by me.) I set up a hotmail account to deal with them faster (no way I would use my real one with these people) will be sending all email correspondence by recorded mail also as backup. I told them I would not be using their form as it was invasive etc and they had enough info to defer me. Also stated I had no other SECRET income and would happily pay back the loan if I was over the £28k threshold. I am being nice. Also sent a CCA request by recorded mail as advised on various forums. As it stands they said this: 'We can confirm that we have not received your signed deferment pack in our office, and we are not able to accept a signed letter from yourself for deferment applications
  3. Firstly, Had an 'ECO' grant towards the cost of solid wall insulation all taken care of by Energycare Group of Haynes. http://www.energycaregroupltd.co.uk/about Surveyor came and said it would take a 2 weeks or less in Nov 2013. Work was completed in March 2014 after 50 calls to them. I was told by the surveyor and installers there was a SWIGA (Solid Wall Installation Guarantee Agency). The quality of work was very poor and they had to come back numerous times and caused damage to the property. Due to sight problems in the winter light I relied on their supervisor stating that the work was all ok and was pressured into signing the satisfaction form before the workers left as they kept saying they would not get paid until the form was signed. Complained through their 'Check-a- Trade' organisation they were registered with. Energycare Grooup came out with a pack of lies even though I sent them photographic evidence to the contrary. No result as Check-a Trade are paid by the companies. Complained to SWIGA but after more than 20 phone calls, letters and E-mails there was never any response. Complained to Ofgem as they are supposed to 'monitor' these organisations but again no response. After 3 months found that EnergyCare Group had not registered the work with SWIGA so not covered bt their ADR (Alternative Dispute Resolution) process. Found Energycare group had arranged an insurance backed warranty if they ceased trading but it was worth over £15000 less and no ADR process. Had purchased Legal cover with the house insurance through 'Wisecall Claims Assistance'. When reading the document that was sent, it is only a 9 month policy as they will not accept claims within the first 90 days of commencement of the policy. I thought at first this was only for new policies but it is in fact on renewals also. Never mind I thought, my claim was after the 90 day period so submitted a claim which Wisecall said to go through their underwriters, AU insurance services. The claim was rejected because I had not notified them within 90 days of the damage occuring, having lost 3 months going through SWIGA! Wise call said to send a letter in writing to their nameless managing director. This was done on 26th Aug this year. By 6th November, still no reply or acknowledgement so contacted Wisecall and they gave me an e-mail address a copy of original letter was resent to them. Still to date no acknowledgement or reply. I have been told to sue Energycare group for 'Breach of contract but dont know how or what redress that would bring. I have checked on the OFT Unfair contract terms and sections 2.4.2 and 2.4.3 seem relevent regarding time limits being imposed where a claim could not be brought earlier but still have no idea how to proceed now so any comments would be very welcome. statch ps Was also told to seek redress through Ofgen as their companies contributed to the cost so should help but ofgem very evasive and at first said it wasn't a consumer issue then after telling them all calls were recorded and contacting my mp a message was sent to get back to them, this I was unable to do at the time as I was in hospital so now just trying to pick up the pieces again.
  4. Hi I have been served with a notice to quit on my home, because the landlady is selling to a developer. I have been at the property for two decades. I signed one tenancy agreement in that time - with a previous owner - the original one when I moved in. It was initially for six months but he said if all went well after that I could stay as long as I want. I have never missed a rent payment. Have kept the property in good repair - even paying for improvements like a new shower, new bath. Replacement of worn work surfaces in the kitchen, replacement taps. Plastering work after a flood. Plus countless other repairs like changing washers etc. The landlady did not refuse to do repairs she just ignored my requests. I am lucky I had family able to do the jobs for me. The notice came completely out of the blue and I am devastated. Apart from the fact that I love my home I am suffering from chronic illness and am completely priced out of the area because I am dependent on HB to pay the rent - the shortfall between what landlords want and HB pay is approx £100 per month. There are a coupe of issues I would like advice on. The landlady secured my deposit last year, but the letter from the protection agency came with the wrong address on it and it was for the wrong amount. I wrote and told them this and they said it was the landlady’s responsibility to sort it and she needed to submit a copy of the tenancy agreement. It would seem the agreement she used was one she claimed I had signed in 2003 - which I hadn’t. So my deposit was secured using forged documents. She refuses to give me a copy of this agreement and instead insists that I send her a copy of my original one with the previous owner. I have not done this yet. My first question is this - is my deposit secured - do I have the right to ask the deposit protection company for copies of all documentation (is this covered by the data protection act) and do I have grounds to fight the notice to quit I don’t particularly want the stress of this but I need some time to get a deposit together and perhaps look at other alternatives via the council etc. 8 weeks may not be enough. My second question is if I do fight the eviction what is the timescale involved. How long do I have before I will have to leave my home. Best case and worst case scenario? Thirdly can I charge my landlady for the work I have done on the property? This would help no end toward the cost of moving. I have paid her almost £60,000 in rent since she took over (most of it from my own pocket- before I was ill) and she has paid nothing towards the upkeep. Many many thanks in advance for any advice anyone can give me. Best wishes Anna
  5. Hi all, only just signed up to this website so very new so please bare with me. my sister was parked on a private college car park (ST HELENS COLLEGE BROOK STREET CAMP) which requires a permit to park. my sister was only gone for about 20mins and came back to a parking officer and was given a "PARKING CHARGE NOTICE" from "PCN (NW) LIMITED". Not sure if this would change anything but the man who give her the ticket was in plan clothes. The reason for issue was "NO VALID PERMIT ON DISPLAY" it states the fine is £100 but will be reduced to £60 if paid within 14 days. My question is, can she do anything? I've said that she should appeal anyway but what would be the best way? Thanks Andrew
  6. In March last year I accidentally tapped the rear end of a car in front of me. In short we were both at a roundabout stationary, she set off on to the now empty roundabout, I looked to the right to see if it was still clear and started to lift my clutch, as I glanced back I noticed she had stopped half way onto it and bumpers touched - no more than 3-5mph if that. Now I know it was stupid, should have checked properly she had gone however I'm still confused why she decided to stop when it was empty. .. anyway that's beyond the point. I received a letter from the 'no win no fee' injury solicitors as she's 1) claiming whiplash and 2) damage to the car. Damage to the car is impossible, I also have photographic proof that no damage to either car happened (the claimant didn't see me take a photo of her car so they're none the wiser at the moment), it was so low impact it's also impossible for any damage to have occurred. They've also stated that I shoved her in to the middle of the roundabout which is all out lies, the amount of force needed to shove a stationary car (with either the hand or foot brake on) would cause significant damage to both cars - probably in excess of 20-30mph to move it far enough. It also took the claimant over 6 months to start the claim against me which is quite odd. what's the best way to fight this? I'm happy to drag them through the courts if need be as it seems to be quite fraudulent.
  7. Good Morning to all, I am new to the forum and this is my first post. Apologies if it is in the wrong section (Please advise) On the 27/11/2014 I parked in a PPS ( premierparkingsolutions ) controlled car park. The car park in questions is Station Road, Didcot, Oxfordshire. The car park was ram packed, a couple of parking bays were flooded to the point no one could park in them. So I decided to park on the end of a row which still allowed plenty of room for other motorists to get around the car park (see attached pictures) I parked up, Paid my ticket, Placed it in the window and headed into London. I returned to my car later that day and noticed a "Parking Charge Notice" from PPS (Premier Parking Solutions) stating "Not parked in allocated Bay". I did some initial research and sent the follow appeals email to them. "Reference Number: xxxxxxx (removed for the sake of this forum) Vehicle Registration: xxxxxxx (removed for the sake of this forum) The reason I have not supplied my contact name or address is due to the fact members of an accredited trade association can access DVLA data, while non-members can't. To avoid my details being obtained by a non accredited trade association I have opted not to provide these to you at this point. To Whom it may concern, I am writing to you today to express my concern over the parking charge notice I received on my car upon returning to it after spending the day in London. I list below a series of pointers that I wish you to address and clear up as part of your notice and also to provide evidence as to why I think I was not in the wrong. First of all, I see the ticket I received states it is a "Parking Charge Notice" which upon carrying out my own research for advise I see a Parking Charge Notice is not a "fine" and cannot be imposed, unlike a Penalty Charge Notices. - Please confirm this is the case and in fact true... If I don't pay then legally you cannot pursue it further! The reason I had parked where I did was due to the fact your car park had sections that were flooded which was impossible for cars to park in at least 2 parking bays that I witnessed. This resulted in unusable parking spaces which had clearly not been maintained to a suitable standard allowing cars to park. I along with other members of the public found space to park at the end of the rows of cars where in fairness you could easily mark out another 1 if not 2 parking spots. The fact you had not marked these areas with diagonal white lines (as you have used in other areas of the car park) gave the impression it was okay to park there. I also think the charge amount if unfair due to the fact where I parked did not hinder the flow of traffic in and out of the car park along with the fact I had paid for 24 hrs of parking... To conclude in my appeal... I would like you to answer all my queries above and to wrap up my case... I believe the inadequate maintenance of the car park (flooding not dealt with) and poor visual markings used in some areas of the car park but not others. Along with the fact I did not hinder the flow or parking for other users of the car park at all. I look forward to hearing your response." So I then waited and received the following reply by email: " 11 December 2014 Dear Sir/Madam, Re: Parking Charge Notice Number XXXXXX (Vehicle: XXXXXXX) Site: Station Road, Didcot Issue date: 27/11/2014 Thank you for your appeal which we will respond to below. Firstly, however, you should be aware that as you have not given us a full serviceable address for the driver of the vehicle we will be making a request to the DVLA for details of the vehicle keeper so that we can establish the identity of the driver according to Schedule 4 of the Protection of Freedoms Act. Further to your email of appeal received on 03/12/2014 regarding the above parking charge, I have now had the opportunity to review this case and my findings are below. Whilst we appreciate and sympathise with your situation, we are unable to take mitigating circumstances into account. Parking at this site is only for vehicles that are parked in accordance with the site instructions, as detailed on signage on site. This signage is clear, in excess of industry standards and clearly details any charges that may be imposed should these restrictions be contravened. The amount sought as the parking charge notice is a term of the contract. The vehicle was not parked in an allocated bay, which is contrary to the conditions of parking. Please see the attached photographs, which show that your vehicle was not parked correctly at the site. I therefore uphold our operative’s decision to issue this parking charge notice. It is your responsibility to make sure you adhere to all the rules and regulations when at this site, including parking correctly in a marked bay. If you do not park correctly you can obstruct the other customers from parking at this site and prevent them from parking correctly themselves. We are therefore unable to cancel the Parking Charge Notice as it was issued correctly. Please forward a payment of £60 to reach us by 25/12/2014 or £100 to reach us by 08/01/2015 in order to avoid Debt Recovery proceedings; incurring additional costs. Please be aware that when appealing any further the charge will not be placed on hold. Payments can be made by cheque or postal order - payable to PPS Ltd, or on our website - If your appeal is unsuccessful, you have the opportunity to go to an Independent Appeals Service known as POPLA (Parking on Private Land Appeals). Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60, and should POPLA’s decision not go in your favour you will be required to pay the full amount of £100. If you appeal to POPLA then please use the accompanying form, or if your appeal has been submitted electronically please visit popla for further information. However, if your appeal is dismissed by POPLA, we will use their adjudication in future Court proceedings which may commence without delay and further costs may be added. (code removed) is your designated POPLA code. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you. NB: If, as the keeper of the vehicle, you do not give the details about the driver or hirer, or if the driver or hirer refuses to acknowledge their liability, you may be liable to pay any unpaid charges in accordance with the Protection of Freedoms Act 2012 Yours sincerely, Mr Oliver Taylor Appeals Manager I was about the pay the £60 until I did a search on "pps.uk.com" and came across this forum... So thought I would lay out the above and get some advise before the 25th comes up when the payment is due. Any advise greatly received. Many Thanks and Kind Regards Nicholas,
  8. Hi everyone I need help with completing my defence against a claim from a well known DCA that needs to go in 5 days from now. The particulars of claim are .... The Claimant claims the sum of xxxxxxx being monies due from the Defendant(s) to xxxxxx bank Plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 8/12/2011. The Defendant(s)'s account number was xxxxxxx. It was a term of the bank account that any debt balance would be payable in full on demand. The Defendant(s) has failed to make payment as required by the statutory default notice served by xxxx bank. The Claimant claims the sum of xxxx and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction. Thanks to the fantastic help offered to people on this forum I think I have the main elements of my defence sorted out but ..... I believe the particulars of claim (above) are faulty as they refer to a default notice and If I understand correctly, default notices do not apply to bank account debts? Unfortunately I have only just discovered this. I have spent months chasing the Claimant for this default notice with a CPR 31.14 request for that document. The Claimant never responds to any CPR requests so I have applied for and obtained a court order for them to produce. This order has not been complied with. Not knowing what to do and not knowing there was in fact no such thing as a default notice I kept applying to the court for more orders to produce in the hope that they would take some action to force the claimant to produce or issue some sanction against the claimant. Long story short .... My last application to the court was again for the document with an unless order that the case be stayed until the Claimant complies and produces the document. This order wasn't granted. Instead the case was transferred to my local court for a 'strike-out' hearing??? The Judge didn't treat it as a 'strike out' hearing but rather what I think was an allocation hearing. Dates were set for my defence to be submitted, a date for the Claimant to reply to the defence and a date for the hearing. I think I'm being stitched up by the court as it attempts to avoid it's responsibility to enforce it's own orders?? The bank seems to be playing with delaying tactics responding to my SAR application so I won't have the information from them before the deadline for my defence I feel I am being forced into submitting a partial defence and that the courts are heavily biased towards the DCA in these cases. Any help or advice would really be appreciated.:!: I want to fight the "£$% DCA parasites but I'm not sure what to do next???? Do I submit a partial defence? Make another application to extend the time to submit my defence? Make a complaint to the court(s)? All of the above??? Many thanks digiguide
  9. Hi I wanted to ask if there was a solicitor who would be willing to help me out on a no-win, no-fee basis, to take on a logbook loan company. I do not want to go into too much detail yet as they currently have possession of my car and are known to read these forums, if any one can help I am willing to go as a far as I can and will not give up on this, it is time to get justice and stop these companies milking the financially disadvantaged for everything they can get!!! If anyone can help or knows someone who can, please let me know, I will post more details when I have paid the ludicrous amount to get my car back in my possession and then the real fight can begin. Many thanks
  10. Hello all I read somewhere something about sanctions being unlawful due to the Wednesbury Principals. My understanding is that any decisions taken to sanction a persons benefits has to be reasonable and all facts must be taken into consideration and it to be proportional. Can anyone explain in what circumstances these principals would be used and would they be effective in appealing a sanction? For example is a person who has had no other sanctions within the last 12 months imposed and had produced more than satisfactory job seeking searches previously would it be reasonable and proportionate to sanction for the 13 weeks that is now in place for missing to apply for one job?
  11. Hi everybody. I have a toughie to crack (and it’s a bit long winded). I have been dismissed by my company for repeatedly complaining about their (very questionable and in some cases very illegal) internal policies. I complained about that too and have been told that as I am in fact a “contractor” and as they are registered off shore (Caribbean) I have no right to do anything. The company is registered offshore for tax purposes, operates worldwide (as did I), but has its operating headquarters in the UK – the CEO, finance, logistics, business development etc. are all based in the UK on a full time basis and all work as employees of the company. I have looked into this with a learned fellow (who for personal reasons can’t help me anymore), and have found that due to many factors I am in fact an employee and I am entitled to complain. However I am unclear on a couple or three things which are: My original “contract” was for a four month period and has never been renewed since 2007 – I have had no contract of any sort since late 2007. Does anyone have any notion as to how this would affect any case against my former employer? The company state that all staff work under a disciplinary code (verbal warning/written warning/dismissal) – this was completely ignored to dismiss me. I am looking into instigating an employment tribunal based on the above (and a whooole lot more), but would very much appreciate any insight?
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