Jump to content


  • Tweets

  • Posts

    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
    • Thanks for your reply. Their final response was just an email (seemed a bit unprofessional) but FOS seem to have accepted it as their final response. So the issues that I realised within the first few weeks to me at the time seemed like age related stuff and I didn't want to cause trouble and in hindsight I realise I should have pressed harder but I think my heart was being used more than my brain at this point. And yes I now believe extended warranties aren't worth the paper they're printed on, in all fairness to the dealer they did sort these initial issues out when warranty wise rejected them. To touch on your questions, the car was purchased using PCP so deposit with 4 years of monthly payment then a balloon payment at the end or return the vehicle. My pcp agreement was on the basis of 10k miles per year but I think I've currently done 12k miles since Sept 2022 lol. Elite Inspections suggested FOS as stage probably because they're free so I took their advice. When I got the car it had an MOT around 4 months beforehand I believe My MOTS after have been done by private MOT garages (I guess they tend not to comment on panel alignment etc) As for defects from day one - please note they gave 6 month warranty through warranty wise but everything was rejected through them: Passenger side ambient lighting wasn't working (whole trim panel needed to be replaced - dealer paid) Engine would randomly shut the down completely (instead of start stop function) at traffic lights and junctions (software updated in the end - dealer paid) Sat nav screen would freeze/ stay off for a whole journey (intermittent fault, still not sorted/diagnosed) Boot stopped working (new battery needed - dealer paid) The A-pillar trim between the passenger door and windscreen was coming away from the car making a very loud whistling noise as you drive on the motorway ( dealer paid to replace but has come off twice since this repair which shows me the car has potentially bent out of shape so that panel won't go back on) initially was reported within 3 months of ownership and due to part shortages I held out for the parts to come back into stock which ended up taking 6-7 months (TECHNICALLY they had their first chance to fix, and within 2 months it went wrong again but the first repair was massively delayed due to part shortages) Seat belt warning wasn't working (not beeping if you drive without belt on - software reset dealer paid but really put me off from this point as it suggested car had been electronically tampered with) Sun roof was stuck open on one side due to a bent rail around 1 year after purchase - warranty company rejected due to it being pre existing fault apparently. Bodyshop repaired and from this point he pointed out the damage on the car but Alphera just wanted me to deal with Clinkard Clinkard were offering solutions which ended up with me losing nearly £40,000 in a year and them being able to sell another car to me at full price. It was this point I regretted being too nice and trying to keep the peace as it had gotten me nowhere. Advised Clinkard of the cost and opportunity for them to speak to the customer they bought the car from but advised there weren't any issues and advised Alphera too and they suggested that I get the inspection done and here we are now lol Please let me know if I've missed anything out sorry about the essay 😅 email.pdf   Sorry forgot to mention the dealership is around 3-4 hours away from me and was a distance sale and I just went to collect it after transferring deposit/ Finance being accepted.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Eviction Date 16th April @ 10.30.Help to needed to be certain


SillyMoo
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5494 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

 

I have been reading through the forum now for 2 days, Firstly I like the way everybody is trying to help each other.:D

 

This is my situation, The user name say's it all really.

 

Well back in July of last year I attended the county court with my hubby, I was just there with him, did not understand anything and left him to do all the talking with the advisor.

 

He produced all the paperwork they needed, again I did not see any of it.

 

We came out and the advisor said you do understand now about keeping up th payments, My hubby said yes I know what will happen if we miss any.

 

He explained a few things to me on the way home, with that i left it to him.

 

BTW, he has always donethe rent/mortgage since we married some 20+ yrs ago, and I have any extra money for clothes food gas electric etc.

 

It's worked well.

 

 

Back to now. He was also at the County court for the secured loan.

 

When they phone he always deals with them and never me, I have only just recently been speaking with London and Scottish, and found a few things out.

 

He has not paid any money to either the secured loan's or Mortgage now for 1 year :eek:.

 

 

We have had a real bad arguement 3 days ago, we eventually sat down and had a very proper discussion yesterday.

 

I understood some of the reasons why he had missed some of the mortgage form the start as the payments back then were £690.

Still he could have paid at least something, as Intrest only, and if we had no arrears now, It may have been just barely possible to scrape by.

 

He also has some

 

He got agreements in place with the other loans secured on the property.

 

Even now he has had a month also the daughter has now left the household, so thats another £200 less a month,

 

I have made him have his wages transferred into my acount, which I was with him at his wages department sorting that out.

 

By and Large he has always being outstanding with the kids and paying the Mortgage's.

 

He tried gambling to win the money,:-x which as we know is stupid.

I was unaware of that btw.

 

So all in all we are definetly going to lose the house :-(.

 

 

I have filled in the form that Ell-enn post's up.

I have tried to go as little as possible with everything. We certainly do not have enough income coming in to paid for everything.

 

I hav

 

 

 

And

 

He had also s

 

Speaking with they want a lump sum payment, which I understand as he has not paid them since Jan 08.

 

I have throughly gone through all income and cut all corners,such as no Sky also give one of our 2 dogs away, The money just does not add up,we are around £150 a month short.

 

I have checked with Shelter as regards getting a council place, (Funny really as the house was a council RTB).

 

Problem I have is they would apparently look at it as if we have made ourselves Intentionally Homeless.

 

Well I did not miss all the other payments, so why put the blame on me,

I am very suprised that he did what he did, I am really really angry:-x

 

So everyone who reads these threads, please always try and have a better communication with your Hubby/Partner about your finances.

 

 

So is there anywhere on the forums here where I can look for help as regards alternative housing, It's is not possible about private renting as they need to much money in advance,also they will see about the bad payments history.

 

 

 

Unless anyone has any other idea for how we can stay in our home.

 

 

 

Best of luck to all here, I will be sticking around to see if I can help anywhere here.

Edited by SillyMoo
Correct the title thread name
Link to post
Share on other sites

Hi there, I'm sorry to hear you find yourself in this situation. It must have been very difficult for you when you realised the financial state of affairs, but I'm glad to know you are working together to sort it out - I'm sure your husband must have gone through a terrible time trying to keep it all to himself (not sticking up for him, just stating fact). When one person is solely responsible for the household finances it can be terribly debilitating when it goes wrong and they feel they have to keep it to themselves.

 

However, we need to see what can be done - are all the loans you mentioned secured on the house? do you have any unsecured debts i.e. credit cards? if so you can write to them asking them to accept token payments for the time being.

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Sorry forgot to add, I only knew about the date to Vacate because I called GE money to ask what can I do.

They then told me of the date, I called later that night and was given the time.

 

 

The next day I get 2 letters from them Dated the 20th and the other the 24th

 

the one Dated 20th stated

 

we have instructed our solicitors to to request a Courts Baliff Appointment to take possession of your property. You will be advised by the court of this date in due course.

 

 

The other letter dated 24th (We got them both the same day)

 

Loan Secured on: XXXX

Loan Ref: XXXX

Arrears: £7.783.64

Balliff's Appointment date: 16th April 2009

 

 

Then it goes on to say amount in full 2days before Etc..

 

 

 

 

 

I also called the County Court, They do have the warrant and it will be with us shortly.

 

How long should we have to wait for that to be hand delivered

Link to post
Share on other sites

Hi there, I'm sorry to hear you find yourself in this situation. It must have been very difficult for you when you realised the financial state of affairs, but I'm glad to know you are working together to sort it out - I'm sure your husband must have gone through a terrible time trying to keep it all to himself (not sticking up for him, just stating fact). When one person is solely responsible for the household finances it can be terribly debilitating when it goes wrong and they feel they have to keep it to themselves.

 

However, we need to see what can be done - are all the loans you mentioned secured on the house? do you have any unsecured debts i.e. credit cards? if so you can write to them asking them to accept token payments for the time being.

 

Ell-enn

 

 

Yes I think it was very difficult for him, He is a very very caring and loving man to all our children, He has also helped a few friends out over the years.

 

Anyway on to your question,

 

Mortgage .

 

 

No credit cards.

 

Council Tax is done via his wages as an attachment of earnings.

 

 

His idea now is to hopefully try and find a way for us toget some where to live.

 

we have no credit cards. But he did sit with me and show me all our debt's in his private folder on his settings on the computer.

 

None of these have been paid, There was around 15 he has paid off, the rest nothing, All silly old old debts some going back to over 7 yrs ago, but apparently the debt was brought off them and its still has to be paid according to hubby,

 

He has totalled up all debts

 

These are old mobile's, also

 

All with reference numbers etc, He has it well organised, Why Oh Why he done what he did, for someone so very clever.

 

 

Then have a debt advisor to put everything into possibly an IVA, But I have told him what if our income changes again soon, as 1 of our boys might leave college to get a job, so no Child ben or ctc for him,which would be about £250 a month less again.

 

So is going bankrupt any good for us?

 

Not sure withwhat I read on that either.

Edited by SillyMoo
Link to post
Share on other sites

Is there any equity in the property? Also do you have any County Court Judgements?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Do you think you are in negative equity? If not - it might be worth your while contacting your local council (housing) to ask about the government mortgage rescue scheme - it's worth a shot

 

Mortgage Rescue Scheme - Housing - Communities and Local Government

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Thank you Ell-enn, I will have a read of that.

 

We definetly have no equity, If house was sold tomorrow, Possibly max would be £100K

 

All owing

 

 

 

 

On having a glance.

I think it's very unlikely we would get any help.

Edited by SillyMoo
Link to post
Share on other sites

Do you think you are in negative equity? If not - it might be worth your while contacting your local council (housing) to ask about the government mortgage rescue scheme - it's worth a shot

 

Mortgage Rescue Scheme - Housing - Communities and Local Government

 

 

Thanks for that.

 

unfortunately it is of no use to me :(

 

 

I have an appointment on wednesday with a company that Shelter put us in touch with.

 

I shall up date you Wednesday Eve, With their name and the advice they give me.

 

As it may be of help to others.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...