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    • You will be subject to the same laws notice periods and protections as with any length of contract.    From my own and other’s personal experience I would treat it as an amber warning light to start putting out feelers into what’s out there on the market   A 6 month contract is great for people who might be waiting for a new build , or having renovations done on their own property. For someone like yourself who wants security it might well be time for you to consider moving on.
    • Thank you. You still haven't given as much information. We need more. Please will you tell us who the retailer is – are they in UK or elsewhere? What was the item and what is its value? Did you declare the correct value? Or did the retailer declare the correct value? You say you paid by credit card – not a debit card against your bank account? Please read around all the Hermes threads on this forum. There is lots of good information there. In particular understand your rights under the Contracts (Rights of Third Parties) Act 1999.
    • I am sorry, but without seeing the contract, and knowing what is on it or what effect it has, it is impossible to say.     
    • A16 BYN is the plates that the car was advertised with, and obviously the plate which I checked the mot history with, I also thought the same that the website maybe hadn't been updated with the most recent mot that the dealer had got done, I asked for the original plate number whilst doing the logging in to my bank account, to pay both the dealer and the shiply transporter. Bearing in mind I had told the dealer around 6pm that I would get the deposit sorted out when I put my son to bed, that gave him every opportunity to send me any pre contract details etc. Just over an hour later (son still wasn't in bed) asked for the address of where the vehicle was to be picked up from as I couldn't accept the quote for the transporter without that information. Less than an hour after that he whatsapped me asking if I still want to buy the car because he's getting enquiries from other interested parties and is telling them that he's sold the car to me (no deposit  paid as yet). I then replied a few min later having finally got my son to sleep.    Anyway between me sorting out the details and where to pick the car up from, log into my banking to pay deposits etc he'd  messaged me the original plate no... which I didn't see until after I'd done all the aformentioned.    I decided to check the history on that plate as like yourself I had been confused about the mileage, low and behold there was the most recent mot containing 5 advisories which were never mentioned to me. Another thing I can't really understand is the expiry date of the mot before that either and I did query all of this with the dealer, only to be told that cars in Scotland are renowned for corrosion issues...and that if I had checked the mot history I would have seen them, I explained I had checked the history on the plate in the advert as I had no knowledge of what the original plate numbers were and he told me that the most recent mot was under the plate in the advert. Most certainly the mot certificate he then sent me on whatsapp had the advertised plate on the certificate,  however, it wasn't showing up on the dvla page.    By this stage I was irate with him for several reasons, for not notifying me of the advisories and telling me that he had checked the dvla and the most recent mot was showing up on the advertised plates, I then screenshot the page with the expiry and this car is not mot'd information, and 2 for telling me that cars in Scotland are renowned for corrosion issues!    Had he simply said, the car is 18 years old you're going to expect to have some corrosion at some point, I'd have been a bit more tolerant at that stage. Apon checking the history on the original plates, it transpired it passed the last MOT previous to the most recent one on the same day the advertised plates ran out, I still haven't quite fathomed out what is going on regards to this. However the previous mot showed no corrosion issues and as it hadn't failed on that basis, I would get the panel beater sprayer mentioned in an earlier post to have a look at it, and sort the issues out re that, also the main reason I had the car delivered to my dad's address as that's also the area where the panel beaters business is.  
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
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      I’ve also contacted their customer service too
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       I have sent them a letter before court email
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Reclaiming mortgage arrears fees


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I am about to make a claim against a "not so nice" mortgage lender for mortgage arrears fees. Initially went down the unenforceability route as this is for a second charge on my property. The agreement was in dispute, yet they continued to add fees/penalty charges during this time and they informed me that they were drafting in solicitors to commence possession. The following day I receive a letter from Optima (to**ers) who in turn set up Possession proceedings against me. I had no faith in the CMC and their solicitors who I had used in checking the enforceabilty of the agreement and I have since proved correct as neither are no longer trading so I decided to recommence payments and agreegd a payment plan yet they have continued to add arrears fees, returned dd fees, solicitors fee etc. They have since added more than £400 in legal fees to my account and needless to say, I aint happy. Any suggestions where I start anybody

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Hi, usually you would complain to the FOS once you have a final response from the lender however, I'm in a similar situation though out of time with the FOS..am now considering issuing a money claim through the courts but, it's hard to find any good information so, I was going with this:-

 

The High Court has recently decided that these kind of charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. We consider that the regime of late payment charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other sub prime lenders and therefore there is little alternative for us but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to our detriment. We also consider that the charges may be unlawful at common law.

 

and or,

 

The Unfair Contract Terms in Consumer Contracts Regulations 1999 defines an unfair terms as:

"a contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract to the detriment of the consumer"

 

 

Would like you appreciate some help..

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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  • 2 weeks later...

Thank you very much

I have your letter, I did not miss a payment, A&L returned it - Complete F*Ckwits, HSBC - A&L -back to HSBC I have proof from HSBC, A&L are just ignoring it, Ive been scouring everywere for a no nonsense letter to send them - ;)

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letsdothis - well done on keeping your home :grin:

 

Have you had any response to your letter re charges?

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letsdothis - well done on keeping your home :grin:

 

Have you had any response to your letter re charges?

 

@MKB - Thanks! It was CAG and the members that managed that for us.

 

No unfortunately, I think they have 8 weeks to act and then they have to give me a final response before I can proceed to take it any further. I never had them before so a few weeks ain't really going to make any difference.

 

I will update my original thread once I hear anything.

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I was slightly shocked initially but then found it very funny. I bet you drink pints on a night out as well. :D

 

TBH Most creditors give that impression anyway, they deserve all the abuse or nicknames we give them. If they hadn't of upset us in the first place we would have no reason to lose our tempers etc

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Trust me ........They are Complete F*ckWits, 3 and a half years of these cretins !!!!!! they deserve it

last week when I obtained the strike out the Judge said "If I were you I would get away from these people ASAP

BTW I dont drink at all :D But if I did .................AA here I come

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