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    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
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Lloydstsb reclaiming court claim issued **WON** but more charges!!


jillg
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I like the idea, Tim. I would never have thought of that and I will seriously give it some thought as they obviously took the excess overdraft which was only one of my debts. Hmmm

 

Thanks Mindzai, will send off letter today and may incorporate it with Tim's suggestion.

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  • 2 weeks later...

Sent letter to scm informing them that as their clients didn't comply with the terms of settlement ie pay the resently applied charges and pay me by cheque that I will be going ahead with the court case against them, and as a result I will be seeking compensation for undue hardship and distress caused by their actions.

Court date is 27 Nov. Can't wait!

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hi jill, am awaiting my aq, 28 days where up last night and they defended it right at this last minute- as per usual with these guys it seems now.

 

Good luck in your quest and would you given your experience so far have any tips?

 

Phil.B

 

24th Aug 2006 - Small Claims Court action filed

26th Aug 2006 - Claim deemed to have been served

6th Sept 2006 - Defendent filed an Acknowledgment of Service

26th Sept 2006 - Defendant's solicitors filed a defence (Sechiari Clark & Mitchell).

Currently awaiting AQ.

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When you get your aq fill it in and return it , send a copy to lltsb sols.

they also get an aq, so you will get a copy of this.

 

on mine they had ticked the box requesting a further month ,supposedly to come to some agreement.

 

when you get this give them a ring (see earlier posts in this link) and dont settle for anything less than they have taken from you.

 

As you can see I got most of my money but have told them that I am going ahead with the court action as they have not complied with my terms.

 

It's a pity that they waste so much time and obviously there money.

It must be costing them a fortune in solicitors fees.

Do I care?

 

Don't be intimidated. Good luck. Jill

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As I've said before.... ring them straight away if you get this.

They've asked for a month to settle so ask them what their offer is,

if it's not 100% what you want then reject it (in writing) and write straight back to the court to tell them they won't settle.

 

Then ask for the stay to be lifted on the grounds that all other avenues have been exhausted.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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  • 1 month later...

Today I received a letter from SCM telling me that as the settled at the end of August they have told the court that the case is settled and that i should do the same. NO WAY!! As they are still adding charges to the account which I have not been able to use as I can't afford to lose any more money I will see them in court on 27th Nov. I am so angry about the knock on effect that the charges have had on my family's finances that i owe it to them and myself to make this stand. It really has been horrible and very upsetting.

Jill

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It is a nasty vicious circle isn't it.

 

Good on you for sticking to your guns. Keep at it, they will settle with you.

 

Keep the faith!

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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Thanks for the support Pete.

Has anyone recieved any compensation for the problems caused by bank charges?

Also, Got letter from bank yesterday, telling me that my overdraft facility has now been removed and that they will now be charging me 29.9% apr on the amount that i am overdrawn (Over £600). Its Ironic that I am in this position as a result of their charges. I know that they are trying to make me afraid of going to court but it won't work because I am too bloody angry.

Got the date of the court hearing mixed up - it is on the 21st. Will keep you all posted!

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  • 1 year later...

After the bit about being able to reclaim charges if you are in financial difficulties I wrote to lloydstsb asking for my money back as we are really in deep sh--. We have got 3ccj's and have arrangemnets with our creditors etc and basically have no life apart from work worry and stress. we can't even afford to get our son a birthday cake never mind a present.

They wrote back to me on 19 of August saying they would let me know in a weeks time. They got back to me today with a standard letter that just explains about charges and hearings etc.

Obviously I am feeling messed about and very frustrated but don't really know what to do next.

Any suggestions?

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See here for the latest Direction from the FSA as how banks should treat hardship claims:

 

Hardship & Stayed Claims - Consumer Wiki

 

Write back asking them to treat your claim as financial hardship as per the FSA waiver, quoting any relevant parts and enclose an Income & Expenditure sheet. Such as the one here:

National Debtline England & Wales | Personal Budget Sheet

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Have a read of this and contact Jon bundy on the number in this thread

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/155937-theres-hope-those-hardship.html

 

Good luck

belville

[sIGPIC][/sIGPIC]

 

:)Surely life can't get any worse it has to only get better from hear on out:)

 

LTSB- My claim like thousands of others is Stayed

Cap 1-See my tread about that one

Barclaycard- Won before court stage

GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )

Sars sent for all my mums accounts

About to start PPI claims on My Mums accounts

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  • dx100uk changed the title to Lloydstsb reclaiming court claim issued **WON** but more charges!!
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