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    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
    • The world of ballroom dancing went online to cope with the pandemic restrictions, but what does the future hold? View the full article
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AK Claimform - MBNA card 'debt'


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Well it was good enough to stop them getting Summary Judgment and you attaing victory at the hearing....which most claimants get 99.9% on application.Perhaps share your several page defence here with others MB.

 

Regards

 

Andy

 

Hi Andy

 

I'm still facing a Summary Judgement hearing. I've just been given some additional time to amend my defence.

 

I'll eventually share all.

 

MB

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Please do MB Im not familiar with adjourned Summary Judgment hearings...they either succeed or they lose and as the DJ as allowed you to now submit a fully particularised defence ( which is normal if the claimants application fails) I think you may have misunderstood the process.

 

Therefore your initial defence was very successful.

 

Andy

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Please do MB Im not familiar with adjourned Summary Judgment hearings...they either succeed or they lose and as the DJ as allowed you to now submit a fully particularised defence ( which is normal if the claimants application fails) I think you may have misunderstood the process.

 

Therefore your initial defence was very successful.

 

Andy

 

Hi Andy

 

My solicitor knew my original Defence would fail, so he petitioned the Claimant's solicitor to allow him time to amend. The Claimant has agreed to give us more time and the DJ has seen my original Defence and granted an adjournment to a later date. The next step is to submit the Defence to the Claimant. My understanding of what follows is:

 

The Claimant will then decide to either allow my new Defence to be submitted, in which case we have to apply to the Court to get it changed or if they refuse we will launch an appeal to the Court to allow my amended Defence.

 

Of course, the Claimant upon receiving my amended Defence will be in a position to choose whether to pursue the SJ, drop the SJ and proceed to trial or even stop action.

 

MB

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With you now so its your side that pushed for the adjournment as opposed to submitting a particularised WS that should have served to stop the SJ

 

Many thanks and look forward to viewing his particularised defence.

 

Regards

 

Andy

We could do with some help from you.

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Of course if you had of expanded within your WS you may not have needed to submit a particularised defence until after SJ hearing (assuming they failed to attain)...and therefore saving on costs

We could do with some help from you.

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  • 1 month later...

Update:

 

Solicitor submitted my amended defence and AK's solicitor dropped off the map- suddenly stopped communicating for a month. No returned phone calls, emails or letters from my solicitor.

 

Today they have been in touch notify me AK has dropped the SJ action. Not sure what'll happen next, waiting to hear from solicitor.

 

MB

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ooh, well that is good news, meebroke :)

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  • 3 months later...

Quick check in to say there has been no real movement. After the SJ was abandoned, AK's solicitor requested another negotiation. My solicitor made them an offer on my behalf, considerably more than previous. This was rejected outright and their solicitor again made no attempt to negotiate but demands what they consider to be the full balance. They are not willing to discuss taking one pound off of the amount they suggest is owing.

 

That was a couple of months ago and we have heard nothing. My solicitor wrote to the Court this week to find out what is actually going on. Nothing on that yet.

 

This has been an on-going battle for 5 years now. I have maintained a perfect credit score otherwise.

 

Wonder if Durkin can be used in my case-my credit rating has been destroyed for 5 years on an agreement that was unlawfully rescinded, with a defective DN.

 

MB

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[/color]

Quick check in to say there has been no real movement. After the SJ was abandoned, AK's solicitor requested another negotiation. My solicitor made them an offer on my behalf, considerably more than previous. This was rejected outright and their solicitor again made no attempt to negotiate but demands what they consider to be the full balance. They are not willing to discuss taking one pound off of the amount they suggest is owing.

 

That was a couple of months ago and we have heard nothing. My solicitor wrote to the Court this week to find out what is actually going on. Nothing on that yet.

 

This has been an on-going battle for 5 years now. I have maintained a perfect credit score otherwise.

 

Wonder if Durkin can be used in my case-my credit rating has been destroyed for 5 years on an agreement that was unlawfully rescinded, with a defective DN.

 

MB

 

Something worth investigating I suppose !

 

It seems a bit odd that they are not prepared to accept an offer in order to put an end to this - especially as it looks as though they dont have a way forward with the court process ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Something worth investigating I suppose !

 

It seems a bit odd that they are not prepared to accept an offer in order to put an end to this - especially as it looks as though they dont have a way forward with the court process ?

 

It really is frustrating. They keep saying they want to 'negotiate' but when I make any offer they refuse it and instead demand the full amount they claim is owing.

 

I have had the worst luck on this issue as, in the whole of the five years, noone has ever offered to negotiate or reduce by one penny.

 

Yet, when they saw the strength of my case, they quit the SJ immediately.

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  • 3 months later...

Update:

 

Well, AK/Chivers have managed to drag this right out. We've been locked in a stalemate for a while. I offered them a tiny settlement, they rejected. I offered them 10%, they rejected. I offered them 30%, they rejected. I offered them 50%, they rejected. I offered them 75%, they rejected. We have finally agreed a settlement figure around the 80% mark.

 

However, all of my offers have been with the stipulation that they remove all record of this from my credit score. No that we have agreed a figure, they refuse to remove it. They have cited that the ICO will not allow them to remove it. I rang the ICO office and they laughed and said there is no reason whatsoever that any lender cannot remove a mark on a credit file at any time. I asked them to put that in writing, which they did. I forwarded the letter from the ICO to AK/Chivers (via my solicitor).

 

Guess what? They still refuse.

 

I've been trying to settle this for almost an entire year.

 

It's coming up to 5 YEARS that I have been trying to sort this out. MB

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Yep.

 

 

Ignorant Git he is, mind you a call can be made to him late at night and he answers, = Mr Skuba Instructor is his hobby, his A.K. contact usually is Steve Glassborrow!

:mad2::-x:jaw::sad:
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Agreed.

 

I still believe that I have a solid defence. But for anyone reading this thread I would caution you:

 

Even if you have a really solid case like mine, I'd give some very serious consideration as to whether or not you can live with all of this for many, many years. If I could do it all again, I would abandon my principles, pay up and move on. Life is too short and this has really taken its toll on me over the years.

 

They've broken me, I just want it to be over. MB

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Hi MeeBroke what is your solicitor doing about it?

 

Surely, if the agreement of payment was on the basis of removing information on your credit file and they have reneged, then I would have thought that your offer no longer stands.

 

Did you ever have written confirmation that they would remove it or was it just in your correspondence to them in which you stipulated it?

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Hi MeeBroke what is your solicitor doing about it?

 

Surely, if the agreement of payment was on the basis of removing information on your credit file and they have reneged, then I would have thought that your offer no longer stands.

 

Did you ever have written confirmation that they would remove it or was it just in your correspondence to them in which you stipulated it?

 

Hi Dotty. Long time no speak. :)

 

No, what they have done is each time they rejected the offers they referred only to the money offer and made no comment on the caveat of the removal of the Default. We took that to mean there was no issue with the caveat, that there was only an issue with the sum being offered. So, conspicuously, they did not suggest they wouldn't be willing to adhere to the caveat in the first 5 offers. When we finally agreed a figure, they now refuse the caveat.

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We seem to have been here a few years now!

 

I really think that your solicitors should have picked up on this, you simply can't trust these companies!

 

Without going back through your thread, I don't know what happened with the court case but I think I would be informing them (or your solicitor should be!) that the offer of repayment was only ever made on the proviso of the removal of the history from the CRA's therefore the offer is no longer on the table.

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Hi there Meebroke, long time no speak.

 

Quick question, your argument was based around the unlawful rescind, and you kept the original envelope it came in? What was the response by AK or the court regarding this as evidence? Was it presented and proved to be sent 2nd class?

 

Thanks

 

Caps

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Hi there Meebroke, long time no speak.

 

Quick question, your argument was based around the unlawful rescind, and you kept the original envelope it came in? What was the response by AK or the court regarding this as evidence? Was it presented and proved to be sent 2nd class?

 

Thanks

 

Caps

 

Hi Caps

 

Sorry for late reply. Yes, I've retained the envelope. We've never been to court so this has not been submitted as evidence. My solicitor is of the steadfast opinion that they can rectify the issue by merely reissuing a new Default Notice- hence rendering that key Defence point moot.

 

I have now got them to sign a Tomlin Order stating that all terms of the settlement be kept confidential. Upon payment of the settlement they should therefore be bound to desist reporting to credit agencies any reference to this situation.

 

Which for me is a huge admission of failure, as I have always been fighting on principle-but i want to move on from this. It's been a long 4.5 years. :(

 

MB

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Thats interesting. I am in a position where AK have asked to see my envelope ( which I do have). I have sought advice from two different places. One said the same as your solicitors and felt they could try and issue a replacement default notice, despite me accepting their unlawful termination. The other said only MBNA could issue the default notice and not the DCA.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Hi Caps

 

Sorry for late reply. Yes, I've retained the envelope. We've never been to court so this has not been submitted as evidence. My solicitor is of the steadfast opinion that they can rectify the issue by merely reissuing a new Default Notice- hence rendering that key Defence point moot.

 

I have now got them to sign a Tomlin Order stating that all terms of the settlement be kept confidential. Upon payment of the settlement they should therefore be bound to desist reporting to credit agencies any reference to this situation.

 

Which for me is a huge admission of failure, as I have always been fighting on principle-but i want to move on from this. It's been a long 4.5 years. :(

 

MB

 

Indeed the solicitor is correct the creditor can issue a new complaint DN, judges will often allow this even once a hearing is started.

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Thats interesting. I am in a position where AK have asked to see my envelope ( which I do have). I have sought advice from two different places. One said the same as your solicitors and felt they could try and issue a replacement default notice, .......The other said only MBNA could issue the default notice and not the DCA.

 

'try' being the operative word. yet to be authoritatively tested in the higher courts afaik.

if they do, and it is accepted, then cld ask for compensation (damages) for all that has transpired since their 'Mistake' (breach of statute and contract).

IMO

:-):rant:

 

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I think I must be having a blonde moment. What would they gain by issuing a second default notice? Unless of course the argument for the account being in dispute was soley based upon a defective default notice.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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re a non compliant dn, they cant (or shldn't be able to) do what they want to do (Harrison case for eg). so, their aim cld be to 'try' issue a 'correct' dn so that they can then do what they want to do (as was 'mentioned', but not actually decided on). but, imo, cld be too late. but if a J accepts a reissued correct one, then there shld be some sort of recompense/redress, in whatever form, re what has followed the incorrect one (which in itself is a breach of statute and contract) which they weren't allowed to do, perhaps re the law of Mistake (as mooted by sweet & max for eg).

IMO

:-):rant:

 

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