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    • Do you mean your particulars of claim? – In that case, I'm sorry but I missed it. Please could you indicate which paragraph is at?
    • dx100uk Yes that's the wording.  I'm not clear who the applicant is in this situation!    LR say that the applicant is the buyer or their conveyancer. So in that case as others have said on here - the buyer/conveyancer need only write to the council after the sale.   OR Does 'applicant' in this case refer to the council who made the application for the restriction?    If the former this is dependent on my solicitor and the buyer's solicitor being aware of this type of restriction and particularly the purchaser is unfazed by a 'restriction' on the property. LR confirmed earlier that as my father was a joint proprietor of the property, the charge could not be registered or noted, instead it was protected by registration of a [non-standard] restriction.  If the latter then the council won't do that until I've paid the bill [whatever that is now]
    • Thanks    I have also stated the same right to reject in my WS Hearing is on 23rd October 
    • But they still can send a claim form to your old Address. You won’t even know about it either, therefore won’t be able to defend The next thing you know is when you are turned down for credit and find a fresh, shiny CCJ on your file.   The answer is to let them know your current address via post. That way , if they are stupid enough to try any action, they won’t have a snowballs chance in hell of winning. You have the ultimate defence! It’s statute barred.
    • Also, I should point out that you will win anyway – but you are making it much more complicated than it needs to be. If you simply raise the question of your statutory rights and his breach of obligation then the judge will give you a judgement in your favour within five minutes. Because you have raised pretty well every other issue bar that, the judge will have to consider the entire aspect of the defects and whether they do amount to a substantial breach of contract and whether they could have been repairable et cetera et cetera et cetera. Although you will eventually win, it means that the judge may have a complicated issue to decide and of course it will simply prolong the agony. Simply raising the fact that the dealer refused to comply with your assertion of your right to reject will bring the entire case shuddering to a halt in your favour and the judge doesn't need to listen to any other arguments. He simply needs to see your letter of rejection.
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matt31

Honda Finance won't supply agreement

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I hope I explain this ok; this has been such a headache; I thought I would try these forums before I go to a solicitor (as I really can't afford one).

 

November 2008 - I traded in my 2 cars old cars with DeVries Honda (in Hull) for a second hand Civic. I had to add £2,000 onto the HP agreement as the trade in cars did not completely pay off the finance.

 

So, everything was signed, and on the day I went to pick up the car; the paperwork wasn't ready - "we'll post it" they said - and I was so excited that I took there word for it and drove off in my nice new car.

 

Decemeber came and went, and I realised in January that I still had not received any paperwork. Slightly confused, I contacted Honda and they said they would send it out - ok I thought. I thought that to be on the safe side I would contact my old finance provider to see whether the outstanding finance had been paid off - NO it hadn't; suprise suprise!

 

What's even worse is that in January DeVries Honda went into administration! That's when the nigtmare started. Honda Finance would not claim responsibility and said they didn't have any knowledge of this transaction...

 

Anyway, to cut a very long story (and many many phone calls and emails) short we finally got Honda Finance to pay Park Motor outstanding Finance (well I think they have but still have not received confirmation from Park Motor).

 

I definately think there is something dodgy going on here; as both Honda Finance and Marshalls Honda (they bought out DeVries Honda) cannot seem to find the original agreement (they have only ever stated this by phone and not email).

 

I just want to get rid of this completely; and get my money back! I want no further dealings with Honda or any assosiated company at all!

 

My questions is - would it be possible to cancel the agreement - I mean as far as all parties are concerned there is no agreement.

 

Would I need to write to ask for the original agreement and if so; is there a template available for this? (I have checked the site for templates but nothing seems to fit).

 

Thanks in advance for any advice :)

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