Jump to content


  • Tweets

  • Posts

    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Cygnet and ACF, faults with car and bill of sale problems.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4374 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I just thought this might have a bearing

In law, void means of no legal effect. An action, document or transaction which is void is of no legal effect whatsoever: an absolute nullity - the law treats it as if it had never existed or happened.

Link to post
Share on other sites

  • Replies 85
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

hi, i am in same position and i have been told I have paid £8,900 and owe £9,100 still on car. They have said I can voluntary surrender the car but I would be liable to pay the full £9,100. Depending on how much my car is sold for I would have to pay them the outstanding. So left with no car and still debt!

Im not sure what I can do either, I am trying to get help but no one replying to my post yet

Let me know if you hear anything - thanks

Link to post
Share on other sites

You never want to be in a position to Voluntary Surrender as this leaves you liable for any of their losses and debt on the car. In most instances where you can voluntary surrender you can also Voluntary Terminate which is a much better way to go as you are protected from any debt beyond 1.2 the value.

Link to post
Share on other sites

You never want to be in a position to Voluntary Surrender as this leaves you liable for any of their losses and debt on the car. In most instances where you can voluntary surrender you can also Voluntary Terminate which is a much better way to go as you are protected from any debt beyond 1.2 the value.

 

Yeah I know but that's only option with this agreement. They can terminate but I can't. I am going.to be left with no car, still big lump of debt and record on credit file. They said will forward account to litigation dept if I don't surrender but they will push me to do this. Can't afford car anymore but thought could hand back and not have the debt to pay

Link to post
Share on other sites

if my bill of sale is void then there is no bill of sale, does it then go back to a unsecured loan? regulated by 1974 cca

if so any defaults and terminations issued under the bill of sale act would I imagine to be unlawful and therefore any termination would end any agreement

Link to post
Share on other sites

if my bill of sale is void then there is no bill of sale, does it then go back to a unsecured loan? regulated by 1974 cca

if so any defaults and terminations issued under the bill of sale act would I imagine to be unlawful and therefore any termination would end any agreement

 

Hi Tonycard,

 

don't want to spoil the party but if your Bill of Sale is registered with the high court than you will have real difficulty getting any judge to pass judgement that your Bill Of Sale is void. Period...

 

How do I know this? Because no Bill of Sale has been found by a judge to be void if it has been registered.

 

I personally checked with a master at the High Court in London whom I was granted an audience with, when I questioned the validity of my BOS that was registered outside of 7 days. He simply was not interested and I was eloquent in my legal argument and suited when I spoke with him. He thought I was representing LBL! As far as he was concerned, if it has been registered, end of the matter.

 

Will you find any precedent that a registered BOS has been shown and a judgement made that it is subsequently void? No.....Don't believe me? Find one....It doesn't exist but threads that state that their BOS are void are aplenty on the CAG.

 

The same threads that allude to Bills of Sales being void and definitions of what void means but never any judgments. Sorry, but I see these circular threads that raise their heads over and over again. They are a distraction and offer a false hope. I'm just stating it as it is.

 

Hip_Hop

Link to post
Share on other sites

  • 3 weeks later...

Finally some words of wisdom. You will not succeed with an invalid BOS application.

These posts are stock full of sometimes well intended but misleading guidance and false hope based on minimal knowledge.

My advice - go to Consumer Credit Counselling service, CAB, and get the facts rather than the online fiction.

Link to post
Share on other sites

  • 3 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...