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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.
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Talk Talk have filed a defense.


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Here is my long winded saga with Talk Talk.

 

I ended my minimum term contract with Talk Talk as I was moving to another broadband and telephone provider, BT.

 

I paid all what was owed to Talk Talk, and my contract ended - so I thought.

 

I then received a letter from Talk Talk chasing £20 or therabouts, so I called them and they said this was a mistake and they credited my account and said I will hear no more about.

 

I then receieved another letter chasing the money, so I ignored it and thought it crossed in the post with my phone call to customer services.

 

However, a month or so later I then received another letter stating it was a final demand, so I contacted Talk Talk again and asked what was going on.

 

They apologised once more and advised they have made the arrangments to have this sorted and I was assured again it will all be sorted.

 

So...I waited and heard nothing....

 

Then low and behold I recieved a letter from a debt collection agency for the £20 plus their fee's

 

I contacted the debt collector to advise this is complete mistake and you have been wrongly informed - they pretty much called me a liar and said they will not remove the debt until they have been informed by Talk Talk to do so.

 

So... I then contacted Talk Talk again! and advised of the situation and they were shocked by it - funny that!

 

They advised they will contact the debt collector and call it all off as it was a complete mistake.

 

I then again waited...

 

Guess what! I received another letter from the debt collector stating it was final demand and they were going to take me to court over it!!

 

At this point you can imagine I was mortified at what had gone on.

 

I then emailed Talk Talk head office advising I will issue proceeding on their company if they do not sort this mess out and fast.

 

I then recieved a call back to advise they have contacted the Debt collector again... and their case has been closed and we have credited your account once again with the £20 and you will hear nothing more from Talk Talk.

 

As you can imagine this has caused me a great deal of inconvenience and stress, not to mention the amount of phone calls I have had to make and the emails and letter I have sen to resolve the matter.

 

A few months passed and I thought it had finally gone away...but I was wrong in thinking that!

 

I then receieved another two letters from Talk Talk direct demanding I pay the money or they will refer it to a debt collector.

 

I then recieved a letter and many phone calls from a different debt collector this time, harrassing my for the money.

 

I contacted the debt collector by phone and advised them by phone and as you can imagine they wasn't at all interested and said they will note their file.

 

I then contacted Talk Talk again..advised I will be issuing proceedings against their company and put them on notice.

 

I then receieved a telephone call from their head office about the matter and was given a load of troff over the phone with no end of apologies.

 

I then said I have already issued proceeding as I have had enough, I have been more then reasonable in sorting a problem out which is completely down to the incompetence of your staff and systems.

 

I explained that this will have an adverse affect on my history, credit and otherwise if I do not act and resolve this matter - which is entirely no fault of my own.

 

I recieved another call from Talk Talk explaining that once again they have contacted their debt collector and called off any further chasing as no money is owed by me.

 

I reminded them that I am continuing my legal proceedings for the stress, inconvenience, time, phone calls and harrassment received because of it.

 

I have submitted a claim for £100 inc my £25.00 legal fee via Money Claim Online.

 

However, Talk Talk legal team have since filed a defense and it now states on the claim status that the claim will be heard at another county court - is this standard procedure?

 

What happens if I lose this claim, will that mean I will be required to pay all the cost of the denfendants solicitors?

 

I cannot believe Talk Talk have filed a defense after all the hassle I have gone through to which they admit has been completely no fault of my own and that it has been overlooked on their part.

 

Can someone please shed some light on this matter.

 

And if it does get heard in court will I be able to get my point across, other than the pittyful amount of space on the claim form?

 

Thanks in advance

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Sounds like yuo have a reasonable case to me. You've also not fallen into the trap of requesting stupid amounts of comp. 75 is reasonable so you should get taken seriously. It might be different if you'd asked for 1000 or something daft. I reckon you pitched it pretty perfectly.

 

it is generally the case that a defendant has the right to be sued in his own court, although this is normally not the case when the defendant is a company. Often depends on the court though, so transferring to another court isn't unexpected. You can request your local court on the allocation questionnaire if you want. Nought to lose. Stress them big company, you poor wronged consumer. Might fly. You could also start with arguments about local stores etc (are they not owned by carphone warehouse? Or were they just sold or bought by them?) but this is a bit technical.

 

It also sounds like you issued on-line. This being the case the case is always transferred if it is defended.

 

In the small claims track you should not be exposed to any fees.

 

Have they actually filed a defence, or just acknowledged? What is their defence?

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Thank you for your advice on this matter. I think I have been much more than reasonable in what I am claiming considering what I have experienced.

 

My claim was acknowledged, then a defence was filed but I am not aware of what their arguments are. I will doubt hear from TalkTalks solicitors.

 

I hope this matter doesn't drag on, all I want is to see an end to it and never hear from the damn company again.

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the court should send it to you. sometimes it takes a while when it needs to be re-allocated from MCOL. chase your local court for the defence if you hear nothing in a fortnight.

 

Also worth doing the mediation. Don't drop below £75 though. Don't be afraid to go through it but refuse to reach an agreement.

 

also remember that you will have a hearing fee to pay and you only get this back if you settle a certain time before the hearing date. You'll also need to write to the court to get this back if you do settle, they won't automatically return it.

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You cannot believe they're defending? Of course they will - AND you'll be made to prove your 'loss'.

 

It may come as a surprise, but there is no automatic 'right' to you setting your own charges for dealing with their incompetence, it either is done with their agreement, or they will see it as unjustified and protect their interests - which is what they are doing here.

 

I agree their handling of this matter has been shameful, but you have to realise. they have points of principle too, and even if they lose the argument that they had not dealt with your complaint in a serious and professional manner, it is YOU who will be made to jump through the hoops to show your 'loss' or costs in resolving the matter. It is not possible for you to arbitrarily decide to 'fine' them a set amount and then try to extort it from the using due process.

 

The only strong position you are in is that there is an action pending - so now is the time to negotiate. Contact and explain that by raising the action they will see you are serious about this issue, and are not prepared to take any more. Ask THEM what they are prepared to settle, with the additional guarantees that should it restart, you have an agreed scale of charges you will institute, and that they pay for all your costs in calling up your credit files from the 3 national companies.

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Moving to the telecoms forum...

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