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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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just_jue

Welcome insurances, Gardx and VT

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No worries, but I did bring this up with the FOS and they have said there is nothing wrong with the new agreement not showing the deposit.

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Crap

 

Section 127 (3) Of The Cca 1974

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It Should Not Have Even Been A New Agreement

 

It Should Be An Agreement To Modify The First

 

Seems You Had A Right Muppett At The Fos

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Thought that myself, I have ripped apart his first finding and wanted to meeting to get an explanation but they turned me down.

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we can allways put in a fresh complaint

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I have put in another complaint about them not answering my questions and about they way the FOS have looked into it, I am awaiting their reply.

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Just received a reply from the FOS saying they are still awaiting some sort of response from Welcome to my complaint. So we will see what cock n bull they come up with.

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Hi, would it be worth complaining to Trading Standards about the GARDX or would this hinder the complaint with the FOS I have at the moment?

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hi just jue

 

i went down the ts route and they were keen at first but stated that as i was pursuing other issues was best to go down the court route

 

did hint that he believed they had misold gardx and was liable to refund the payment

 

essexboy

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Hi Essexboy, thanks for getting back to me. I will wait until the FOS finally get back to me before I go any further. I will let you know how I get on as it might help us both.

 

JJ

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good luck just jue

 

i shall be watching with interest

 

essexboy

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hi just jue I`m a newbie here and have just been browsing some posts yours caught my eye. I was given guardx as a gift as I was a first time customer the guy ask me to sign for it to prove to guardx that they where handing them out to new customers and where not just gathering dust in a stock room and like an idiot a signed without reading it now seems that I was conned out of £300 what a crafty barsteward

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Hi dogs, sorry to hear that, if you read what essexboy has also wrote about the matter the more that complain the better for all of us.

 

JJ

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Just had reply from the FOS:

 

A brief review is:

The FOS do not agree the GARDX is cancellable as I they are satisfied that I intended to purchase it (didn't have any option as it was already filled out).

 

On my statement the total is £299 more than on my agreement - Welcome have agreed to refund this amount (which shouldn't have been there to start with).

 

I cancelled the insurance on the first agreements within 14 days, by the time the paperwork was sorted out I had paid two payments. On the new agreement the amount had reverted back to the original amount, so in my eyes I have more interest again the FOS say that welcome have not done anything wrong and the rescheduling was done as a gesture of goodwill!!!

 

I know post was looking into the rescheduled agreement errors as it wasn't the same as the original

 

Any more advice would be appreciated

 

JJ

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well done jj

 

if welcome finance have agreed to refund the £299 then in my honest opinion it is as good as misold

 

therefore it is up to you how you tackle the interest side of things

 

but personally they have made money on the purchase and it is up to you how hard you push

 

good result though

 

pleased for you

 

essexboy

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Hi, Essexboy, they are only going to refund the 299 because on my statement the starting amount is 299 more than my agreement, they did credit me the 299 but didn't take any amount off the total. The FOS didn't notice that until I stated it (worrying that they can't do basic maths).

 

JJ

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jj

 

why did they not take the £299 off the total if they agreed to a refund?

 

essexboy

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This is one of questioned I wanted answering but I didn't get one.

I wanted to know how on a fixed agreement was the starting amount was £299 more than it should of been.

The FOS asked Welcome why the the amount was wrong and Welcome didn't respond to them.

 

JJ

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jj

 

i am no expert

 

but have followed the advice of others (and with their guidance have researched the issues) and the advice given is generally spot on.

 

if gardx is your only issue then ensure you get the full refund of the £299 (i would also include the interest charged) as welcome have already agreed to this.

 

if other issues are a cause of concern then let the caggers known and i am sure a solution will be found

 

i say this as gardx was only a small area of my complaints and therefore if there is a bigger picture the response may be different.

 

essexboy

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Hi everyone, just a quick post.

 

I took out car finance with breakdown & Gap insurance. When I got home I realised that I could buy the insurances myself for about a fifth of what I had been charged.

So I cancelled the insurances, the finance company wasn't to happy but tough. It took them nearly two months to sort out the paperwork and I had to go down to the local branch to resign them.

 

After reviewing the resigned agreement there is a couple of queries, I had paid £200 deposit which is not shown on the new agreement and by the time the paperwork had been sorted out I had paid two monthly payments and on the new agreement the total amount is back up to the original amount.

 

If someone could let me know if this is right.

 

JJ

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Hi jj, do you have evidence that you paid this £200 and the two monthly installments? and if so have you contacted the finance company and queried this to them? better to in writing.

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Hi yes I have everything, but they are saying there isn't a problem. I then took my complaint to the FOS and they agreed with the finance company. It just seems wrong that I am paying more than I should.

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Hi, no Welcome haven't agreed to refund the £299 for the Gardx, they have only agreed to refund the £299 extra that they put on the agreement that they shouldn't have done. In their eyes and the with the FOS they are saying I willingly agreed to purchase the Gardx but I had no option.

 

JJ

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Essexboy, I have spoke to GARDX this morning and they don't have any records of the warranty number or car reg on their system. They say it is quite common for the paper work not to be sent to them. Don't know if this will help.

 

JJ

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so if there was a problem with the paintwork it would not be covered then?

 

they told me the same thing after i contacted them and also got this response in writing by e mail

 

they did say that if i could prove i had a warranty and maintained it by purchasing the conserver on an annual basis they would have honoured it

 

at the time two years had elapsed and therefor warranty was invalid

 

this seem to be a regular excuse with them as you are about the sixth person that has stated they had no records for the car at gardx

 

seems a little bit fishy

 

essexboy

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