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    • Here is the letter I would be sending to the garage;   Dear Sir/ Madam Ref: xxxxxx On xxxxxx I purchased, and took delivery of, the above vehicle Ford Kuga from you. On xxxxx I discovered that it was not of satisfactory quality: the transmission will need to be replaced. The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract.  I am legally entitled to ask that your repair or replace this vehicle at no further cost to me. If you are unable to do so, I expect to be reimbursed the original purchase price of £xxxx, minus an agreed amount for fair usage. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you. Yours faithfully,
    • They are from Birmingham City Council , and this where the his mom live At this time I was homeless , with no permanent address 😔😥
    • Hi all im looking for advice when it comes to council tax liability for a new home if an eviction is started for our old home but then suspended due to court error and pandemic causes further delay in proceedings.   The short story is i'm a disabled carer getting legacy ESA and carers allowance who has lived in his own home for nearly 20 years with mortgage as leaseholder. (SMI loan helps with mortgage interest). Also terrified of the UC migration that a change of circumstance will cause so dragging my feet tbh.   Just before the Pandemic the freeholder of our "old home" obtained a dubious possession order and we received notice of eviction before the pandemic so signed a tenancy for a "new home" that we where grateful to be accepted for in a new local authority district. As a result we stopped paying the bit of mortgage interest we needed to pay in our old home in favour of paying the rent for the new home out of our own pocket but before we could move into the new home proper and tell the DWP about a change of circumstance to get the rent paid (natural migration to UC?) the pandemic locked us in our old home!   Now we still haven't moved because the possession order was set aside when the courts re opend post first lockdown because of court error but possession proceedings are still ongoing with the added bonus the mortgage company is now involved and there legal fee's alone have been added to our mortgage balance effectively consuming all equity that was left in the property, thus our long term plan to sell, settle debts and move into rental is destroyed.    The new home awaits us and we spend a couple of days a week there, we have been able to put cheapest carpets in and blinds and moved some stuff in. We pay the rent out of our small income for security to avoid homelessness but we cant abandon the old home yet because thats likely a bankruptcy for certain if we just hand it to the mortgage company..   Believe it or not this is still a council tax question because the council where the new home is want there council tax and have demanded hundreds but obv we cant claim CTR yet as we havent formally had a change of circumstance due to the delay in eviction and im not sure they will like whay i have to tell them.    So the primary question is will the council be able or even willing to reduce or cancel the liability for the new home under these circumstances until we actually get evicted formally from the old home?   I think when you have title to a property you cant claim help with rent on another property and rightly so even in times like this...   We also worried about losing the new flat because being housing association we supposed to live there as our main home but have been delayed moving as described, its pretty certain we are getting evicted in the new year one way or another then insolvency might follow that depending how it occures we are just trying to find a path to avoid insolvency, benefit fraud and homelessness and deal with the council tax in the new home to! Not a small task during a pandemic! Its a tricky customer this any help welcome...  
    • Implications of a county court judgment_compressed.pdf
    • Hopefully you've been able to get this sorted out. Can you update us because you're not the only one encountering problems with Currys returns.
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The Consumer Action Group is a free help site.

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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it as given me some pointers yeah thank you matey. but i could do with a copy of true b.o.s and terms and conditions of one were might i get one of these regards:)

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Maybe another LBL poster may be able to oblige.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Maybe another LBL poster may be able to oblige.

 

i found a copy of the terms and found this interesting piece

 

Chattels not to be removed or sold

 

All personal chattels seized or of which possession is taken . . . . . . F1, under or by virtue of any bill of sale (whether registered before or after the commencement of this Act), shall remain on the premises where they were so seized or so taken possession of, and shall not be removed or sold until after the expiration of five clear days from the day they were so seized or so taken possession of.

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Our car was sold the day it was took from us on 2nd December 08. Removed from our premises at 10am and sold that afternoon at auction.

 

this is section 13 of the

Bills of Sale Act (1878) Amendment Act 18821882 CHAPTER 43 45_and_46_Vict

 

An Act to amend the Bills of Sale Act 1878.

[18th August 1882]

 

further more i have found another section they have broken making the bos null and void but i need a copy of the b.o.s were i can obtain from my local royal court of justice or send of for them the files are there for any person to search

Edited by madace
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Just to update you all been in touch with trading standards and they have agreed to help me they have manage to get log book loans hold out before selling the car while we find out who is in fact the rightfull owner it more complacted because i am the the third party so the bill of sale was written up between them and someone else.

Meaning i can not question the legality of the bill of sale even thow it was registered on the 8th day and whitness was in fact a underwriter of log book loans only the person envolved can question this. But i do know the bill of sale they have is null and void not just on one section but a few let alone even checking the credit agreement which trading stanards are in the process of collecting but again more complecated due to data protection act so OFT need to get a waver for this. With all this in mind and in black and white i still can not claim my car back that easly. so i will need to wait and see what OFT say or advise fingers crossed hey.

 

PS LBL SAY THEY ARE GOING TO CHARGE £12 A DAY STORAGE wrong wrong wrong ain't it but also say they are willing to help us and trading stanards to get to the bottom of this MMMMM :confused:

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Lbl said they would help if we took the people we got car from to court for fraud. We looked into cost and can't afford to do this. They say they will help but don't

 

well trading standards have informed me i have no legal rights to the car there is no question of this who ever sold the car to me had no rights to do so,

 

so yes log book loans are the right full owners under the bill of sale act but the bill of sale as got to be 100% water tight proof if its not it can be challanged in court,

 

trading stanards tell me the witness signature can in fact be the one of any person including a rep of there own company,

trading standards also confirm that any bill of sale as got to be registered within 7 clear working days no ifs not buts, this can be challanged in court and only the court

if not the case and the judge agrees it found to be in breach bobs your uncle,

The bill of sale i was presented with was in fact drawn up on the 22nd feb 2007 and registered on the 2 march 2009 my calculation tells me that the 8th day so i have been intouch with stephensons just waiting to here if i am qaulify for legal aid but they are happy to take the case on.

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  • 4 weeks later...

what as come to light now is a bill of sale can infact be registered after the 7th day if you pay a late fee of something like £40 a back hander payment i call it.

Now with my case being under £5000 it becomes a small claims and i can not get legal aid so i can try and file a small claims against LBL but they will fight they have a legal B.O.S and demand its delt with by high court which is what the small claims court will have to grant as it a high court legal matter which is were it starts to cost and with out legal aid i could end up out of pocket by thoundsands on top of the price of the car i lost aswell there is a way of finding out if there was an extension granted but again it cost to find out and can take a few weeks so now i have no idea what to do now

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We in similar position , but we can make our claim over £5000. The car we swapped was worth £2000, the repairs to the car we got was £1500 and the price of a new car was £1500 which we had to some repairs to we are trying to recover all our costs from people who took loan out on the car we had took from us. We out of pocket nearly £6000. We need a car to carry our disabled son why should we pay when we done nothing.

 

How much have you lost out on?

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