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    • First of all, liability is completely with the seller. Not only that, because the seller assessed the situation and specified a particular solution for £2034, that is all you should have to pay even though it now turns out that the equipment you need is more expensive. In other words, there is no reason why should have to pay a single penny more than the original agreed or expected price. A contract is an exchange of reasonable expectations. Lumb expected to receive £2034. You are expected to receive a solution to your glass washing problem. He did not contract for a specific machine. You contracted for a specification which you were informed by an experienced professional would satisfy the needs of your business. You paid 100% – but you received in exchange less than 100%. Even though the required equipment might be more expensive than that which was specified, if that's what it takes to provide the solution that was promised to you by Lumb, then that's what you are entitled to get and you shouldn't be required to pay any more for it. Please let me know if this is getting a bit too technical in legal terms. I understand that the moment that you don't have an adequate glass washing machine. Clearly for the sake of your business, you need to get this issue resolved quickly. If you hold out and have an argument about money which has to be paid or not paid et cetera then you may well find yourself several months down the line without the last washing machine that you need. You may well find that you will have to sue Lumb on the contract that you made. Obviously you are better placed than me to understand what you need and what you can afford, but I would recommend that the best thing to do is to pay whatever Lumb demands at the moment in order to get your existing glass washing machine exchanged for the model which addresses your needs – and effectively provides you with the solution that you paid for in the first place. Then afterwards, sue Lumb for the money back. We'll be happy to help you. I would rate your chances of success at better than 90% in the County Court. An added advantage of this is that once you have the new machine in place, you will be able to assess its effectiveness and its adequacy to your needs – on the off chance that also has been under specified. Handling it this way will have the advantage that you will have a new machine installed probably in a week or so, you can get on with your business, and then you can embark on a reasonably cheap piece of litigation because the amount of money that you will be suing for won't be too great. The alternative will be to stick with your existing machine, having to put up with the inconvenience et cetera and then eventually suing Lumb for a much larger figure – the value of the replacement machine. An additional advantage would be that if you are suing for smaller sum, then it is much more likely that Lumb will put his hands up and pay you out because it simply won't be worth his while digging in on a dispute with only a few hundred pounds. Of course you can't guarantee this. Some people take this kind of thing personally and they try to resist even though it makes absolutely no business sense at all. If you want to do this, then you possibly need to flag up to lump that you're prepared to go along with what he is insisting but also make it clear that you're not happy about it. You certainly shouldn't sign anything that says that you agree this in settlement of all disputes. Or anything like it. If you end up being presented with something like that then let us know. But probably that will mean that you will have to sue for the new machine with all the business inconvenience that that entails.   Of course if you feel that you need to retain a good relationship with Lumb because of possible future dealings, then you may need to consider your entire approach to this problem. Another part solution might be to threaten Lumb with an action for all of the excess costs of the new machine plus the engineers visit – and then back down and agree to pay the entire cost of the new machine as well as he will forgive the engineers visit. This is a compromise that Lumb might find attractive because he will be able to save some Face. Often it's all about Face. Frankly if you think you don't need the guy in the future then I would be going for the lot – but you know your own business interests better than I do. Does this make sense?  
    • Ok another update and its all rather confusing, ive been trying to work this out for hours now and I cannot make any sense from it all.   Apparently the meter was put in on the 1st of April, I was sure it was July. However what makes sense is that I gave a reading in August, which I thought was for the month but it was for the quarter. I must of written it down wrong for a monthly reading, when it should have been written down as a quarter reading. I may have wrote the date down wrong when to read the meter.  However I do know that I contacted bulb a week before the meter went in, that I am very sure of. Which would of been about the 27th, They have it registered that I gave a reading on the 29th of March. However they have an opening reading from the 12th of March.    Im confused with that date as I know I contacted them a few days before and they put the meter in as an emergency and was definitely done the following week. Despite my memory being shot at the moment I do have some dates written down and the date of the change is on my meter. However its a little hard to read, it does look like the 1st of the 4th but it can also look like the 1st of the 7th. I was with 2 previous companies so July would make better sense. I moved into the property mid January, EON was the provider and I changed that within the first month so would have been February, then I went with OVO and changed them as they couldnt provide the normal meter for about 6 months at the time so changed to Scottish power. I know I was with them for at least a month before I contacted Bulb as they also couldnt change the meter to a credit meter.    So April doesnt seem to fit here. Im still trying to find any paperwork I might have to verify all this but I know everything was done via phone and online. I wish everything went back to paper bills, it was so much easier to try and trace back.    Anyway they have done a closing account for the prepayment and im a little confused at this.   The charges from the 12th of March 2019 to the 4th of April 2019 are £376.91.     Now I know that there is no way I put this amount in the prepayment meter. I had no heating on in that month, I remember it was such a mild Spring and I rarely had any heating on as this bungalow is very well insulated. The most I topped up in just one week was £25. So how they can justify that amount, I cant even guess.    Im worried they will use this amount to estimate my usage. I still cant get to read my meter, even if I stand on a ladder as its so high up and it just looks like a bunch of zeros, Ive even taken a photo but it still looks like a bunch of zeros, even when blown up. It was hard to balance on a step ladder as it was with one hand trying to take a photo, so not the best.   Ive managed to get into a link they sent me, its a portal. The balance is showing nil owing. and there are no statements showing.    So basically all they have sent is a closing balance on the prepayment meter and log in details for a portal with zero balance. Ive requested the meter be read. Which I keep asking for, but my landlord will come and try read it for me so I can send it.  Im just worried when I do im going to get such a large bill I cant pay. These people just seem so elusive on what I should do despite asking these questions. The only answers im getting doesnt seem to make any sense.    I know its partly my fault, I should of kept at them, but its not been an easy couple of years. 
    • But they added £60 on top of the £100 before court costs Thanks though, how do i file a defence , do i do it by hand?
    • If the hire purchase agreement ends in your husband's name then it will be your husband who will have to bring any complaints, bring any legal proceedings – et cetera. Write to Blue Motor Finance in the way that I have suggested. Point out that you have asserted your rights under the consumer rights act to reject the vehicle and that is the end of the matter. Tell them to start making arrangements to refund your the money and tell them that you won't stand for any nonsense. If you have pointed out to them already tell them that there will be legal proceedings unless they sorted out extremely quickly. What have you done to get rid of the car? If you've got Blue Motor Finance's prevarication in an email that that is excellent and you will use that against them. This thread has already been tweeted out to them and they will see the tweet on Monday and they will understand that they are been discussed on social media – and that it doesn't look very good. I'm sorry to say that you have to keep the pressure on very hard. You expect this of these kind of car dealers. You don't expect it of a regulated finance company – but am afraid that some of the poorer ones do act like this all too often. You can certainly call them if you want. What you definitely want to see what a reference number and if you call them tell them that it is a complaint. You can also tell them that they are been discussed on social media. Please keep us updated. I'm afraid that this is unlikely to be the end of it.  
    • So got the official judgement  sealed on 15th June , but refers to handed down 9th June    doesn’t say when to pay by - is it 14 days of the 9th or 15th (to stop any enforcement) or 28 days from 15th or 9th to stop it appearing on credit file ?   also I’m hoping it’s the legal jargon -    bur says each defendant is to pay  £25,000 and interest £1644    I know I brought his up before , but it’s just legal jargon for each defendant is liable to pay for the £25,0”” and £1644    rhey don’t actually order us to pay 54,000 for a  25k claim ???!!    
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Help - Eviction Order looming!!!!!!!!!


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Hi

 

Just registered on this great site as I too am stuck in a similar scenario with a decree up here in Scotlan just been granted to the lender (Church House Trust).

Lender due to receive order next few days with intention to have sheriff officers serve asap. I am in a stressed panic as firstly cant find anywhere for family (wife and 2 young kids)to go, but there are other reasons.

1 There is a sale of the property that the lender is blocking which has dragged on for months which also unfortunately led to our local council losing patience with the sale and pushed ahead to bankrupt myself and my wife. This meant the sale was then out of our hands.

I am so angry especially as the buyer wanted in at the end of May, but we were made bankrupt at end of April, for the sake of a few weeks!!

I dont know where else to turn, the buyer has been ignored by lender, he still wants to buy it asap, and I dont want a repossession over me. Is it the case I can still legally apply for a Suspension order to try and get this mess sorted out, or is it just better to focus on moving before they come knocking?? the council are not too keen on helping either as it was them who made us bankrupt!

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Steven71

 

You should contact Mike Dailly or a member of his team at Govan Law Centre ASAP. This is one of the areas they specialise in.

 

Good luck!

 

BD

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HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

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Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Steven

If you've been made bankrupt all this is completely out of your hands,all your financial affairs are in the hands of your trustee in bankruptcy,the official receiver who you would have to consult before taking any action,in fact they may take action on behalf of you or without your consent.

You could apply for the bankruptcy to be set aside but would have to post the exact circumstances in why you were made bankrupt.

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Hi Steven,

 

I just saw your post on cosalt's thread.

 

Help will be along soon. I have just hit the red triangle for the site team to alert an expert for you. Ell-enn is brilliant at this kind of thing and I am sure she will help you if she is around.

 

I am sorry you are having such a bad time.

 

DDx

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Have you contacted Shelter (Scotland), Shelter Scotland - The housing and homelessness charity

they can be very good in these situations. You could apply for a hearing at court to delay the eviction to give time for the sale to go through.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thanks for this.

 

I am a lost soul at the moment, as I tend not to rely on solicitors, they wont speak until you turn up with a pot of gold for them..!

 

I have contacted my local court where they are dealing with the decree, and one of them is looking into whether I can do something today in respect of appealing, as the lender just seems to be igoring any contact I or the buyer are attempting to make with them.

 

Will keep you posted on what happens, but any advice you are giving me is absolutely invaluable and will always help

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Thank you!!

 

Means a lot to have someone point you in the right direction, as at the moment, I am a lost soul being ripped off with fees and advice, right or wrong, from solicitors...They just dont care about anyone..

 

Fingers crossed we can prevent this from happenin and get this damn property sold

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Give Shelter a ring - they give some really good advice.

 

Also depending where you are in Scotland - this is a good link Govan Law Centre

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I know Ell-enn always asks about children in the property, and as you have two who will be affected I'm sure this will be relevant. If you have been made bankrupt, are you in a position to offer the lenders anything while the sale is going ahead? How fast can your buyer move?

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Buyer is ready to go, so only hold up would be dreaded solicitors...so a matter of weeks.

 

There is a shortfall, but I stipulated to the lender I would be in a position next month to repay in full as policy maturing, and to this they stated were not interested, just wanted possession. I also just started a new job, and willing to make payments, again, they are not interested...

So I could walk away, and not repay the proceeds, but I wanted a clean slate escpecially in this climate at the moment.

Just praying the court comes back this afternoon to state that I can be given leave to appeal.

 

Otherwise its an instant upheaval to an area we have no control of where we are.

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I'm not familiar with how things work in Scotland Steven, but would advise you to contact

 

1. Govan Law Centre http://www.govanlc.com/scotland.htm

 

2. National Debtline Scotland http://www.nationaldebtline.co.uk/scotland/debt_advice.php#2

 

3. Shelter http://scotland.shelter.org.uk/housing_issues

Edited by caro

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I notice you've posted a number of duplicate posts Steven so several people have given you the same answer where they could have saved some time. I've unapproved all but one of the duplicates and moved all the responses to your own thread.

 

As you see they mostly say much the same thing, so just stick to one thread so we can all follow your progress and help if we can.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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