Jump to content
  • Tweets

  • Posts

    • Interesting that dodo has only been there 10 minutes and tories are saying she should go as the public have 'lost faith' in test and trace   LOL Scapegoat Harding for the crap from before this version of trace a test and lie even existed. No sympathy from me though.  
    • OK, but I would advise that you keep clear in your mind what you want to achieve. I would think that you want to have free and clear title to the car.   To get that, I would say you already have enough to have your solicitor put a letter together and approach MB, without the co-operation of the seller. They may well just issue the title and you're done, after all I doubt this is the first time this has happened to them. If not, you can still pursue the seller via your solicitor but given that he is a scammer I wouldn't hold out much hope of him suddenly coming clean!   Just my opinion, I'm not a solicitor but I have been in situations not unlike this and know that it easy to make things more complicated for yourself by not 'keeping your eyes on the prize'.   Best of luck.
    • The concept of "manifest error" is sometimes used in construction contracts and expert determination agreements.Manifest error does not represent a generally available legal ground for attacking an otherwise "final and binding" certificate or determination. It therefore needs to be written into a contract as a basis for invalidating a certificate or determination.   Where a contract does provide for a certificate to be final and binding except in the case of "manifest error", Amey v BCC confirms that a "plain and obvious" mistake will need to be established in order to challenge such certification.   A "manifest error" need not be "plain and obvious" from the relevant certificate itself. In Amey v BCC, the "manifest error" became evident from a consideration of the terms of the Contract as well as the previous conduct of the parties when the certificates were issued.
    • Hi thanks for the advice. Yes, I will talk with the solicitor tomorrow (AWH solicitors, as they seem to have random experience with such cases) and provide what I have collected so far. The seller said he will only talk with my solicitor, so be it then. I will however push the solicitor to exercise fear tactics that we are in a position to contact his employer since he used company properties and that we need to do this to find out who holds the title; this is more or less to get his cooperation to the full extent and release any information deemed important to my case. The first step would be for the solicitor to motivate him signing a letter of good faith to me and pass all the relevant info to MB. I guess having a solicitor to communicate on my behalf with seller and MB will keep me within the domains to the full extent of the law to keep the car and have the HPA title removed (praying that the seller is customer of MB...otherwise I may face a legal battle to sue the seller if MB rejects to give me a good faith title). Aside this if nothing works out, as a (private) buyer, I can also exercise my rights to cancel the purchase within 30 days since the car was not fit for sale and sue the seller in court (small claims tribunal) if he does not refund my money. I do hope he may be the proud owner of a house, be married, and enjoy sufficient income for me to get my hands on all means he owns to get my money + costs back.
    • UK academics: opening of universities was illegal https://www.theguardian.com/education/2020/oct/24/uk-academics-opening-of-universities-was   "On 21 September, the Scientific Advisory Group for Emergencies (Sage) advised the government to introduce immediate measures that would require universities and colleges to move all their teaching online “unless face-to-face teaching is absolutely essential”.   Minutes of the meeting, which were disclosed publicly on 12 October, show that the committee warned that “outbreaks are very likely in universities”, and emphasised that the risk of Covid-19 death and severe disease was higher for university and college workers than for students. A week after receiving this advice, Williamson reassured MPs about the “safety” of students to return to university campuses"    
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Urgent - Court Action Threatened by Welcome Finance


Please note that this topic has not had any new posts for the last 3937 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

This is now really urgent as our defence needs to be filed in 24 hours!

 

We have received a letter back from SCM telling us that they have never received a request for the CCA. I know that my sister did not send them registered, but that means that THREE letters, to different address, failed to arrive? C'mon, even with our postal service that's difficult to believe!

 

They have now sent a copy of the CCA (which I haven't yet seen) and requested a statement to be sent to us (again, I haven't seen this if it has arrived).

 

So our defence is:

 

They failed to notify us of a change of payment method until such point as I wrote to them requesting clarification.

The previous DCA failed to make payments on time to them, which has incurred additional charges (as well as taking a small amount per transaction for themselves).

Therefore, we believe that the alleged arrears is incorrect as the charges levied are incorrect ergo interest accrued is incorrectly calculated.

The PPI was mis-sold to my brother-in-law due to his mental illness, and diabetes, as well as other reasons (not sold by a financially qualified person, as well as having adequate cover at work). [i don't know whether I can use this as a defence!]

 

So, I have absolutely no idea how to form/write our defence - if you can give me any pointers or links to research this I would be very grateful.

 

TIA

Laitty

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...