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    • as long as it says our client xyz on it...you must respond within 30days.   as for the contracts, the claimform POC when/if one ever gets raised through northants bulk must detail all the contracts concerned in the claim.   just because a scary letter of claim has been raised, that does not 100% guarantee a claim will be raised by their client.
    • Thanks. So effectively you paid by cash. Please follow the link to understand your position when you pay by cash or you paid by bank transfer for a used car or anything else. Of course it's a bit late now – but you should bear in mind in the future and other people who visit this thread will also benefit. The dealer says that you were provided with a copy of the warranty. I think it would be worth asking the dealer the date upon which this warranty was emailed to you. In the meantime, your statutory rights will help you to the extent that you are entitled to buy an item – even a second hand car – which is of satisfactory quality and remain that way for a reasonable period of time. What is "satisfactory quality" depends on all of the circumstances of the transaction. Although this car was very cheap, it was comparatively low mileage for a car of that age. It seems to me that for it to pack up so seriously after only about eight months of ownership and only 200 miles or so, that it was not satisfactory quality. You have had some benefit from it. Even though you only drove for 200 miles or so, that was your choice and you could have driven it more if you had wanted – even though this might have meant that the gearbox would have packed up earlier – but you will never know. We will say that you have had eight months of benefit from it.  This means that you wouldn't be entitled to recover 100% of the purchase price. You would be entitled to recover a reduced sum to reflect the use you have had from the car. If we say that a car of that value/age/mileage should normally have lasted you for, say, three years without any serious defects emerging, then we can say that you have probably had something like about 30% of the use. This would suggest that you would be entitled to recover about 65% or so of the purchase price. In principle this would mean that you might be justified in thinking about claiming about £1700. Of course we don't know what the warranty says. Whether it really does exclude work on automatic gearboxes. The reason it will be interesting to see the warranty and to understand what it provided for is that there is an outside chance that instead of relying on your statutory rights, we might be able to say that as you didn't know what the warranty was about, you were reasonable in assuming that it covered automatic gearboxes. Did you pay an additional sum for the warranty? Or was it part of the deal? I think we need to know more about the cost of repairs to understand whether a repair would cost less than £1700 in which case it might be worthwhile claiming for that – or whether a repair would cost more than £1700 in which case it would make economic sense to recover the £1700 and then move on. So I think that we need to understand when was the warranty apparently sent to you? We need to see the warranty. We need to understand what the cost of repairing the vehicle might be.  
    • With only 12% of Tesco Bank current accounts used as primary accounts, the organisation will discontinue this service from 30 November 2021View the full article
    • Roughly it’s only done about 200 miles since I’ve had it . It was a cash loan and then we bought the car with the cash . 
    • Please notice that I've restructured your post in order to introduce spacing to make it more readable – especially on a small screen. So you bought a car and even before you collected it you had to pay an extra £240 to have a cam belt replaced. So we can say that you paid about £2700 for the car. How many miles has it done since it was bought? Are you able to tell us? When you say you took a loan out for the car, was the loan specifically provided by the lender for the purchase of the car? Or was it a cash loan and you then went on to spend the cash on the car?   Also do I understand that the dealer is proposing to sell the car for a certain amount of money and then to help you buy a new one with you making up the difference from your own funds?
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JC in trouble with charges


Chromatix
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I've previous won my own battle against NatWest in late 2005. Since then I've moved out of the country, but I still have friends "back home", so to speak. One of my better friends is JC.

 

She's disabled (heart defect and so on), but lives alone with her young daughter. Her entire income is made up of various benefits, plus the proceeds of a stable investment made by the daughter's father on her behalf. Needless to say, this is only just enough to get by. This is exacerbated by the fact that her ex-partner (not the father) moved out a while ago, leaving several substantial household debts unpaid, and taking most of their savings to boot.

 

I've helped her in the past by finding ways to save money. What she needs right now, though, is a near miracle. She's almost got out of the debt hole her ex-partner left her in, but now her bank - Lloyds - is very rapidly digging a new one under her feet.

 

She's really not very financially savvy, and she is also very timid - she's the type to grasp at any straw held out to her, even if it brings an anvil down on her head, if it means she doesn't have to have a confrontation. This can be very frustrating when trying to help her. :(

 

So she believes that the massive series of charges Lloyds are putting on her account are actually her fault, and would rather work out of them herself despite the fact that this is probably impossible. I am, of course, strenuously encouraging her to stand up for herself.

 

My immediate advice for her is to open a Post Office account to receive her benefits into, and have them transferred to it immediately. This is particularly important as she is due to receive Cold Weather supplements due to her vulnerable status.

 

I told her to do it that moment, while the post office was still open, but she said it was too cold to go outside. (My online sources tell me it was in fact above freezing.) So she has not yet done that.

 

I believe she should also instruct Lloyds to cancel any and all Direct Debits and Standing Orders on her account, to limit the rate at which charges are applied. Not all of the charges seem to be Unpaid Item Fees (or whatever Lloyds call them), but as I'm in the "wrong" country I haven't seen the full details. At this point I think the best strategy is to abandon and "ignore" the overdrawn account and get her back on her feet in the "cash economy".

 

But eventually we will have to confront Lloyds directly. I'm a little bit out of touch with the many developments since the turn of 2006, so can someone point me at the present recommended strategy for dealing with a personal claim of this type?

 

At present I believe the amount involved is about £150 recently, but JC says that similar charges were levied a few years ago, when she was living at a different address, which she was able to work herself out of. I suspect that these would still fall within the 6-year limitations.

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Oh dear.

 

Well, you are absolutely right of course and have given her the correct advice all the way, but if she doesn't listen to you and do it, then she's not going to get anywhere. Sometimes, people are their own worst enemies. :-(

 

A long time ago, I wrote this guide:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-631564.html

 

that might help focusing on some of the issues.

 

As for the charges, I think she might be best trying to claim under hardship rules, so use the normal templates and also this one:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html

 

Ultimately, however, if she doesn't want to help herself, there's only so much you can do, especially from abroad. :-(

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It is difficult getting through to her. :( She is used to trusting the bank to make her payments for her.

 

I'm basically telling her flat-out that the bank is now stealing her money, that the payments are not in fact being made, and that she won't get frostbite from going out in +5°C weather to do something about it.

 

I said she didn't have much financial acumen - she isn't even prioritising her money. She alternately complains about not having enough money to make the utility bills, and having to borrow money from her mother to buy food - and the next day she tells me about the big holiday she's promised her daughter, and that she's set up a direct debit to start paying for that.

 

I've written her a clear and simple plan, which starts with regaining control of what little income she has, goes on to proper financial priorities, and then talks about dealing with the bank. Now I'm just tring to get her to accept it.

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