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    • 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.  
    • I had a similar thought, TJ. The Guardian has done an explainer of the rules as of yesterday.   Someone said that if the government, had retained public trust, they might not have needed stringent measures like this.   https://www.theguardian.com/world/2020/sep/28/england-new-coronavirus-restrictions-explained
    • Retailers and Hermes.   I have a parcel that’s saying delivered but not arrived. This dates back two weeks. The retailer won’t contact Hermes but Hermes are saying I need to let the retailer know my package hasn’t arrived - as the contract is between them and Hermes, not me. I am going around in circles. Retailer just says here is the tracking and won’t acknowledge the parcel hasn’t arrived! 🤬   Paid for by credit card. £89. Any advice, please help
    • Retailers and Hermes. I have a parcel that’s saying delivered but not arrived. This dates back two weeks. The retailer won’t contact Hermes but Hermes are saying I need to let the retailer know my package hasn’t arrived - as the contract is between them and Hermes, not me. I am going around in circles. Retailer just says here is the tracking and won’t acknowledge the parcel hasn’t arrived! 🤬 Paid for by credit card. Any advice, please help
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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. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

Please help! Penalty tickets/logbook problems!


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Hi I'm looking for some advice, I've been on this site before and have got some good advice on legal problems.

 

This is going to sound a bit complicated :???: but I do hope someone can help me! So basically I bought my Mercedes last summer but all the details are on my (now ex) parter's name. Around Christmas last year we ran into major financial difficulties and we both went our separate ways, obviously I know I should have changes the logbook details to my name at the time, but my dad died so I had to travel out asap for three months. By the time I came back to UK I had to get a place to live, and sort out some other personal problems, and as I had no problems with my car I completely forgot to change the details! I then took out a logbook loan (my partner had to help me with that as its he's name on the lb, yes more :???::???::???:) so I could get a deposit for the house I wanted to rent, and now due to missed payments with logbook I'm up to my neck in debt.

As I was settling into my new home and about changing my car details, I had a robbery and the logbook with the ex's details was stolen!! :x:sad:

 

Around a month ago my car was clamped in central london and there was a note by the wipers saying I should call the bailiffs so he could tell me how much I had to pay and why my car was clamped. So I called the bailliff (who was extremely rude,:shock: as you can imagine!) and he told me it was for two parking tickets made out around November last year, and that I would have to pay £1,613:shock: for the charges. As he was so rude to me, my daughter had to call him again and ask him why the charges are so high, and he explained that they had written letters, and had come to our old house to clamp the car and that every time they write or "pay a visit" its about £100/250. We tried to explain that we don't live at that address and we were never aware of any penalty tickets, but he didn't listen, just shouted that if we didn't pay the car would be towed.

I have tried to sought legal advice and was told to get a TE7 form - Application to file a statement out of time/extension out of time and a TE9 form - Witness Statement. I filled out both and waited nearly three weeks for a reply and finally got a letter saying that the evidence I gave was not good enough basically, and that I can appeal again but before a magistrates judge.

 

I want to seek more legal advice but I'm worried that they might not be able to help me as the logbook is on my ex-partners name. I downloaded a V62 form and have sent it off to DVLA this week gone with my own details but I don't know if that would be much help right now as the penalty charges are on my ex's name and and it just seems everything is on my ex's name! I have spoken to him to help me call CAB but he's not someone who keeps to his word. I'm just really depressed about this whole issue as it is really affecting my health, and I've been made redundant so money is extremely tight. I'm also really worried about the bailiff charges that are going on top of the original £1,613. I just want to collect the car and sell it so things can be a little easier for me! Please, please help anyone, any advice would be so much appreciated!

Thank you

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Can you advise whether your name is on the bailiff's warrant, or is it your ex-wife's? If it's her name, she will have to deal with the bailiffs and the legal process. She is the debtor, not you.

 

And where is the car now? Do they have it?

 

In terms of your car, you must impress on the bailiffs that you are the legal owner and show them proof that you have seperated - council tax bill, any legal papers, rent agreement (showing you no longer live together) - things like that. Hopefully they will then leave the car alone or return it if they have it. They can't rightfully take your property to settle someone else's debt, although they may try. You need to try and get them on-side and have your ex sort the debt out, if it's her who is on the documentation.

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Can you advise whether your name is on the bailiff's warrant, or is it your ex-wife's? If it's her name, she will have to deal with the bailiffs and the legal process. She is the debtor, not you.

 

And where is the car now? Do they have it?

 

In terms of your car, you must impress on the bailiffs that you are the legal owner and show them proof that you have seperated - council tax bill, any legal papers, rent agreement (showing you no longer live together) - things like that. Hopefully they will then leave the car alone or return it if they have it. They can't rightfully take your property to settle someone else's debt, although they may try. You need to try and get them on-side and have your ex sort the debt out, if it's her who is on the documentation.

 

Hi, thank you for the advice.:-)

Just wanted to add that its my ex-partner (HE) - we weren't married.

And yes it is on he's name but he is also going through he's own financial struggles so he's really no help :| and like I said the logbook is on his name too so that's where the problem lies.

The bailiff took the car to a depot in Walthampstow and its been there since, I've tried asking if I could pay by instalments, but he refused. I have documents showing we no longer live together, but do you think that would help much?

Thanks again.

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Sorry I misunderstood your personal details.

 

Basically, he owes the money. You own the car. You do not necesarily need his help to sort this out.

 

Legally, they cannot take your property to settle his debt. I do think it helps if you can demonstrate to them that you no longer living together as a couple. They will know thay are acting improperly if they continue to hold your car against his debt.

 

If you lived together they would likely disregard the issue of legal ownership of the car - but if you show them you are living apart, and prove to them that the car is your property, then they should by rights return the car at no charge to you and go after him for the debt.

 

He can deal with it - he has avenues open to him.

 

You need to get a bailiff expert to advise you how to get this moving, and you might need to threaten them with legal action - I think someone called Tomtubby on this forum is often mentioned as an expert in the area. See if you can contact them for specifics on what to do next.

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Sorry I misunderstood your personal details.

 

Basically, he owes the money. You own the car. You do not necesarily need his help to sort this out.

 

Legally, they cannot take your property to settle his debt. I do think it helps if you can demonstrate to them that you no longer living together as a couple. They will know thay are acting improperly if they continue to hold your car against his debt.

 

If you lived together they would likely disregard the issue of legal ownership of the car - but if you show them you are living apart, and prove to them that the car is your property, then they should by rights return the car at no charge to you and go after him for the debt.

 

He can deal with it - he has avenues open to him.

 

You need to get a bailiff expert to advise you how to get this moving, and you might need to threaten them with legal action - I think someone called Tomtubby on this forum is often mentioned as an expert in the area. See if you can contact them for specifics on what to do next.

 

Thank you so much for the advice, I will definitely be putting this into consideration! But, how exactly do I find Tomtubby? I've tried looking but cant find the person..

 

Thanks again!

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How much is the car worth? You don't owe a penny so if you just leave the car at the pound that will be the end of it as far as you are concerned.

 

The car is worth 17 grand so I cant just leave it unfortunately. Thats why I want to get it back so I can sell it and settle some of my debts and buy something smaller?

 

Thanks for your advice!

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Thank you so much for the advice, I will definitely be putting this into consideration! But, how exactly do I find Tomtubby? I've tried looking but cant find the person..

 

Thanks again!

If you go over to the bailiffs section here:-

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

 

you should find a number of posts by tomtubby. Better still, just start a new thread in that section by copying your opening post from here and hopefully she will see it there. She is the CAG expert with bailiffs and will be able to advise the best course of action.

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How much is the car worth? You don't owe a penny so if you just leave the car at the pound that will be the end of it as far as you are concerned.

 

Shola already said the debt was around £1600. A Merc bought last summer is hardly likely to be worth less than that!

 

BD

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HBOS Visa £5k charges refund via Blair Oliver Scott

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Over £40k balance write off and charges refunds to fight for:

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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