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    • That's great work.  Well done on both the content and the level of snottiness.  That's exactly the sort of thing your wife should send, let them know she's sussed their sordid scheme and will be big trouble for them if they do court.  Fancy trying to charge her for overstaying for one minute!   Excellent "Dear Philip and Sian" research, I must confess I didn't know who ran PE, this will be something to suggest to Caggers in future PE cases!   If none of the other regulars object invest in a 2nd class stamp tomorrow and get a free Certificate of Posting from the post office. My Road My Town My County My Postcode Date Your Reference No. Dear Philip and Sian, Thanks for wasting your pennies and sending me a letter before claim. I understand you think I owe you something. I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up! Now, you know that your claim has no basis and I know that you know that your claim has no basis Your can either drop this hopeless case or get a good spanking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and I’ll be able spend some of your ill-gotten gains. Me
    • External Affairs Secretary Angus Robertson calls for urgent action from Westminster over temporary visas.View the full article
    • just post it here as text then we can edit if necessary
    • 1st try for snotty letter.     lbccc v1.pdf
    • I do feel now that I would like to comment on some points raised on some of the posts on this feed:   Although I found the appearance and comments from Zac to be rather strange, I have not left a scathing review; I was merely seeking some advice as I have never been in this situation before and did not know what to do.   The information I have provided is factual, transparent, and comprehensive. The pdf I posted of full correspondence, screenshots with text on (and to clarify direct quotations from the video walk round), and photographs of the bonnet show this.   The emails and comments posted by the dealer do not constitute the full facts of the situation as he stated, and it makes me feel sick that I have repeatedly been called a bully and a blackmailer (via correspondence and forum comments) throughout this. Additionally, the 4th email posted by the dealer which he named as the response to the email above it was not the response I received to it.   I have made it clear from the start that I wish to keep the car and only wanted it in the condition as advertised. Upon receipt of my first email concerning my complaint (not the best email, I know), it was very clear that the dealer wanted the car back. His response to this was a WhatsApp message which ended in “To be frank I don’t want to sell some one a car that insults and then blackmails me”. This was also the only option provided which would not cost me considerable time or expense. Although it would still have left me without a car (and having to resume my search), as my old Golf was due to be collected by a private buyer. Also, this was the only option offered without sarcastic and/or patronising comments attached. This is of course only my personal opinion and I am aware that I may not be fully objective on this point, but I felt bullied into doing what the dealer wanted.   Whilst I understand my initial email was quite conflict orientated, and that I have not dealt with this situation well, I don’t believe it excuses the responses I received. I am at a loss to see how this is above and beyond in terms of customer service.   As the dealer pointed out, I did state that the car was in fantastic condition for its year (the interior is fantastic for the year), apart from the bonnet of course. The car has most likely done predominately motorway miles which would account for the bonnet. There are minor issues which also don’t match up with the video walk round. Namely, a tiny dent in the rear wheel arch, which is barely even noticeable, several paint chips around one of the doors, the odd stone chip elsewhere, the alloy wheels are in good condition, but not absolutely pristine as most were described as (I had assumed maybe these has been reconditioned), the rear loading strip is heavily marked all the way across, but the paintwork not affected. However, all of these I feel are minor in a 10 year old car. Upon reflection ‘great’ may have been a better representation than ‘fantastic' on my comment.   During my initial phone complaint, I was told that I was the first customer to complain in over 50 cars (can’t recall the exact number but remember it being in the 50’s) to which I said that I felt bad about, later it was 300…   I never asked for £150. As mentioned before, I accepted this offer over the phone after the dealer had told me that I would not be able to get a stone chip repair company to rectify, as “there are hundreds,” and that it would need respraying. He told me that it would cost him £150 (did not mention plus V.A.T) and that it might cost me £200 here.   I was confused by the pricing structure mentioned (from the chap he has previously told me he has used for his body work repairs for years) as this appeared to be an invoice, which I assumed was for another car’s repairs. The total cost was over £1,000. It stated £180 for a bonnet repair and paint (vandal damage, small repair or paint correction) and on the second page V.A.T was added. If this is correct this would surely equate to a total cost of £216 for the bonnet, but of course I could be wrong. Not inclusive of the cost of collecting and delivering the car back to me, as I have been informed that this should not be of inconvenience or cost to me.   I asked for a larger contribution as initially I was led to believe it would cost me £50 and a little inconvenience. Only after I stated the specific consumer rights (which I had Googled over the weekend) and sent the dealer photos of the bonnet did he offer me a further £112.50 for this. In hindsight I could have specified a figure, and that I still did not expect the blended wings to be paid for. Before this, the dealer stated that he did not wish to negotiate any further and to take the car back to him to paint or they will refund and collect. Upon seeking more specific advice on Monday I was informed of my full rights in this circumstance.   It is certainly not a case of changing my mind because I wanted a brand new bonnet etc. and I disagree that the dealer kept his "kool" and replied respectfully throughout, as I do not consider sarcastic and derogatory comments throughout as respectful.   The warranty is a 6 month bronze package from Warranty Wise in this case, which I believe is the only option for a car over 100,000 miles.   I’m unsure as to the significance of the dealer counting 14 stone chips, but maybe this was on one of the photos close to the edge of the bonnet. I have not zoomed in, merely taken a photos of different areas of the bonnet. You can gauge the size on the photos which are closer to the front headlight area. Also, again this issue is not about the size of the stone chips, which do vary in size throughout, it is about the sheer amount across the bonnet not being as described. I did state that these were difficult to see in sunlight or at a distance. However, upon reflection I should have stated more clearly i.e. direct sunshine. I believe 2 or 3 were pointed out on the front edge of the bonnet in the video walk round. In which the dealer stated "Body work is absolutely stunning for the year, with only very minor age related marks, which we’ll point out as we walk round… Bonnet; no scratches, no dents, no damage. If we look closely, we might find the odd little stone chip here and there that have been touched in, little one there, very difficult to see. Little one there, look. So, it's got the odd little stone chip on the front of the bonnet edge, apart from that it's very very clean."   There are not over 30 emails about this, there are 12 and 11 WhatsApp messages (inclusive of the 2 photos of the body shop invoice).   From what I understand about mediation, its purpose is to negotiate to resolve an issue as timely and smoothly as possible. The last emails from the dealer stated that they had no choice but to take legal advice and pass all their correspondence to Lawgistics. With a formal retraction of all previous offers except returning the car to them for a refund, which would be my responsibility. This also informed me of the AA ADR. Followed by one stating “My apologies I forgot to include the phone number for the legal team… Bonnie is the team leader should you wish to escalate to the highest level. Please note that on taking further advice we are under no obligation to offer a refund for the vehicle.”   The dealer also stated “our car” at the end of one of his posts which is odd. It is legally my car which was purchased online in good faith.   Bankfodder’s recent comment concerning the AA does indicate he is saying the AA does not know what they are talking about.   Lastly, I am also unsure as to why anyone would want to deliberately add stone chips to their newly purchased car, or indeed how. Is this even possible?
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I just don't believe it!!!!!


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:mad::mad::mad::mad::mad::mad:

 

I cannot describe how angry I am - I will try to keep it brief.

 

We have recently had to sell a commercial property we owned in order to satisfy a personal guarantee we had given Lloyds for our Ltd. Co. debt.

The sale price agreed did not fully cover the total amount outstanding (i.e. mortgage plus amount owed by Ltd Co. ) but we reached (or so we thought ) an agreement with their securities department that they would accept the net sale price ( net = after deducting estate agent and legal fees).

The sale was completed at the end of August but have just received statement of the mortgage account and discovered that funds were not transferred until some two weeks after they were in receipt of the funds and of course they have applied interest up until that date.

Best of all though, they did not transfer enough of the sale proceeds to satisfy the mortgage debt and have simply helped themselves to the difference from another account we have which just contained the VAT element of the sale proceeds, placed there by our solicitor.!!!!!!!! :eek:

 

It appears that what the b...'s have done is to repay all the Ltd Co's debt first leaving a shortfall on the mortgage and in doing so have completely dis-regarded the agreement made between us. Yes, we have this in writing and have informed our solicitor of the situation. We know they were legally obliged to repay the mortgage first before any other charges secured on the property but they have chosen to ignore this.:mad::mad::mad:

 

Spoke to account manager at branch, he denies all knowledge of arrangement with securities dept - don't they communicate?????

 

So letter being d'xd by our solicitor as I write requesting prompt return of funds etc. etc. They flippin well better do it as I have a VAT return due at the end of the month.

 

Sorry, can you tell I'm angry?!

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Just to update:

 

Man at securities dept denies making any arrangement and insists we (including our solicitor) have mis-understood what he said and what he has written and we did still owe them some money which is why the transfer took place. :eek::eek::eek::eek::eek:

 

Man at branch says I gave his colleague verbal authority to transfer the

monies - did I heck!!!! :-o:-o:-o:-o

 

Looks like we have a fight on our hands as well as a looming VAT bill.

 

Opinions would be gratefully received.

 

Perhaps this needs to be moved to the Lloyds or Legal forums?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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So.........................., had meeting with account manager at branch this morning who very kindly offered us a loan to pay the VAT bill !!!!!!:shock::shock::shock:

 

Says that because I enquired as to why the mortgage account had not been repaid at the point of sale, that that was authority enough for them to close the account and make the transfer!

 

Has basically closed ranks with the man at securities dept however, he did concede that if he were not a bank employee he would have read the information as we had !

 

Have meeting with solicitor tomorrow, lets see what he has to say but meanwhile, would very much welcome any further advice/comments from the experts on here.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Sounds complicated ;)

 

Moved to General Debt Issues, as it's clearly no longer secured, though.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Whilst they can argue 'change of position' I think you have good case against the bank for breach of contract etc but I suggest you don't seek alternative advice until your solicitor has had a real opportunity to have a go at them.............& their claiming the solicitor didn't understand isn't a good start for them

 

'if he hadn't of been a bank employee he would have had a different understanding' WOT! they speak differently do they.

 

Suggest you send them a SAR NOW

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Thanks Car for moving the thread and JonChris, thanks for your comments.

 

They allege that our solicitor's request for written confirmation that they would accept the net sale price in order to satisfy their charge,did not specifically ask them to confirm a 'full & final' ?!

Their response to that letter was ,quote: " I confirm that on receipt of the net proceeds of a sale at £****k, I will release the charge."

 

As their charge encompassed the mortgage and the debts of the Ltd Co, how would you have understood this response, bearing in mind, there had been verbal discussion beforehand.

 

Will update after solicitor's meeting tomorrow.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Just had a thought re. this comment -

 

"Says that because I enquired as to why the mortgage account had not been repaid at the point of sale, that that was authority enough for them to close the account and make the transfer!"

Do you think that if I telephoned them to ask why there wasn't a milllion pounds in my current account that they'd transfer it in from elsewhere?:rolleyes:

 

Probably say it doesn't work that way round!

 

Sorry,just being facetious. :p

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Just back from solicitor. Short and sweet, bank doesn't have a leg to stand on :D, but it probably won't be easy to get them to admit fault. :mad:

 

Meanwhile, they've still got the Vat man's money!!!!

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Hi JonChris,

 

I'm sure he most certainly will - didn't take too kindly when I relayed their comments about his ability to understand their letters and had a good old laugh over their offer of a loan to pay the Vat man!!

 

Just hope we're not in for too bumpy a ride.

 

Thanks for your interest.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 2 years later...

"just hope we're not in for a bumpy ride".

 

Famous last words I'm afraid!

 

So here we are, two & a half years later, no further forward. Just wanted a few opinions as to wether this is worth pursuing.

 

To update:

 

Lloyds refuse to admit any wrong, deny that any agreement had been made and won't remove the charge on our home even though we owe them nothing!

After much letter writing we finally took them to court in March last year and obtained an order forcing them to disclose all info they had. In short, they have sworn an affidavit stating they have nothing in writing to prove their stance, but equally, aside from the letter mentioned in posts above and a sworn statement from the person who acted on our behalf to agree the settlement , neither do we. Is that enough? Their solicitors did offer to remove the charge if we

agreed not to pursue the case. Rightly or wrongly, we declined and things have been left in limbo since as it was just taking over our lives to the

point of illness.

 

We are in two minds over this, part of us wants to just leave it and move on but it continues to invade our lives from time to time and we think if theres a chance we still have a case, why should they be allowed to get away with it!

 

Thanks for reading.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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If it were me, I would not give up. You have right on your side, and I know that does not mean you necessarily would win, but why let them just get away with it? If they have an affidavit that states they have nothing to prove their stance, you can also swear an affidavit regarding your position. I know these things are stressful, but I say do not give in, you go for it :)

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At the end of the day it depends on whether you want to or can afford to keep at it with the possibility that if you dont win you would have to pay the banks costs. The bank are wrong but it isnt an easy thing to proove, in some ways I would be inclined to accept the offer to remove the charge (but only once verything is in writing very clearly) and move on, after all this time it is vurtually stalemate and do you need the hassle.

If I have been of any help, please click on my star and let me know, thank you.

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Thanks both for your thoughts. Cost of pursuing this is an issue - have we left it too late to refer to FOS. Would it even be worth it?

 

(Just to add, the sum involved is not a few hundred but several thousand! :-/ )

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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This is a "your word against mine" situation and one that is impossible to call because it will just boil down to who the judge believes on the day of the trial, which is a total lottery. You need to do a deal, and so does the bank.

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You make a very valid point Gaston Grimsdyke, but there are two issues really.

 

1. Do we have enough evidence to prove that a settlement was agreed?

 

2. If there was no settlement agreed then was the bank entitled to take funds from another account to repay the mortgage on the property? Let's not forget that the only funds in this account was the VAT element on the sale of the property. What would have happened if those funds weren't t there?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 3 weeks later...

Update:

 

The matter is now with the FOS and we await their adjudication.

 

Meanwhile though, we are still receiving all sorts of threats from Drydensfairfax re. the unpaid vat. Have asked for their patience while the FOS investigate what is, I assume, an unusual and serious case. i.e.misappropriation of funds by the bank.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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