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    • I haven't seen any legislation pertaining this, however because I have been looking at the consumer issues that may be why. He has now had the final letter before action letter and read it several times, however in his first response on my second 14 day limit letter he raised the issue that his health isn't good at the moment, which I believe is another fallacy, cars are still being sold and added to his page on autotrader.    If you could point me to the legislation you are reffering to then that would be most helpful and welcome.   TS have seen the invoice, and passed this on to his local TS.
    • it is not the only way to proceed and IMHO the wrong claim to raise, should you wish to raise one in an english court   if you really do want to raise the claim under consumer rights issues, i suggest you have a chat with TS again first and ask them if this is a good idea?   the pre contract info doesn't exist nor is applicable because you nor he ever entered into any contract covered by any consumer rights. he illegally sold you, a member of joe public, a car using a strictly traders only method.   i would hope TS point out the above and p'haps suggest you raise a different claim possibly encompassing this mis-sale and that you had no knowledge what he had ultimately done is illegal, nor that you ever agreed to do it anyway, as you now realise as a member of joe public, not a trader, you couldn't. you might even find TS will help, support and be involved with you in court regarding this too.   as it stands with cards on the table, he is under no obligation to pay for collection of the vehicle, you don't want to risk returning the car and never getting your moneyback - it's a stalemate where he is smiling still until you raise the correct claim.   although you have issued , 2 is it now, court warnings, it might be better to finally issue one correctly stating what you are going to do, then he might realise the penny has finally dropped and the game is up. there would be no harm in stating that to avoid such actions, should you pay me back by bank transfer the sum of the car and my initial transportation cost of xxxx, making £xxx in total by xxxxx date, i will not raise the claim.   The situation would then be far more serious for him and he might capitulate, inc refunding transportation costs, in the want of not being exposed in court, as there are numerous well publicised court cases whereby by traders have been hammered hard for pulling doing this scam on joe public.   another advantage of doing the above claim is you might get to keep the car for free, get all your moneyback.            
    • Hey guys came across this site today wow how great is this anyway.  here is my story    Car found on autotrader  £1800 merc  mot  vgc blah blah and stated had recon / gearbox fitted  / spoke to the garage selling the car and asked if they would take my faulty bmw in px it had issues which were explained to the garage  he said £900 cash and my car ok deal done    i drove to manchester in my car the owner was all chat and praise for the car he was selling and told me how it dropped its oil from the gearbox and how they fitted a new gear box so i thought ok im all good to go  deal done drove home    its now 3 weeks later and the transmission has failed  green flag recovery   i tell the garage this morning after looking into my rights and explained the situation   the person i spoke was trying to say its was his dads car and tuff luck buddy we aint helping u and telling me about the problems he fixed on my old car rather than help me with the current problem    the call ended as was in mid speak when he just hung up on me i text to explain thats no way to treat a customer    i have now written the standard letter as i found a template elsewhere  giving them 14 days to respond    I would like a little help with a follow up letter or my route to action after 14 days  as i dont think ill be getting a reply from them  regards patrick     
    • Can anybody advise me please?   Been living in rented accommodation for over 11 years, old landlord who leased property with his shop has now left and so agents have become my new landlords, so gave me a new contract.   I'm really nervous as not sure what my rights are and could I get evicted as new contract says short term, 6 months.
    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
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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 .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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Hello,

 

Last July I had reason to question a debt collector's methodology of pursuing two debts, and for the purpose of clarity I will discuss one of those debts.

 

The original lender obtained a default Judgment against me in 2002 for £301.33 + costs which has been paid.

 

As stated, last year I SAR'ed the debt collector. In sorting through the bits and pieces I spent time looking at the documents which referred to the Judgment in 2002.

 

1: the Judgment was of the type "forthwith" and I had been paying by instalments.

2: the Default Notice had arrears of £548.80 (4 * £137.20)

3: the true figure should have been £411.60 (3 * £137.20) a 25% error

4: the agreement was subsequently terminated

5: the Judgment debt was £301.33 which should have been £164.13 a 45.5% overvalue

6: the Statement of Account does not show any of my payments, whatsoever.

 

During last year, I have had heated exchanges with the opponents solicitor who denies everything.

 

AS this happened in 2002 I am concerned about bringing proceedings against these people, because of time limitation.

 

I need to know:

 

a) Does the clock start from 2002, or

b) from the time I am made aware of the injustice?

 

What can I do to maximise my attack on these people?

 

 

B.

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What kind of proceedings are you wanting to pursue? What is it that you want them to do?Limitation Act 1980 Section 5 says that formal action cannot be taken 6 years after the cause of actionIt depends on what kind of action you want to bring. Defamation? money?

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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If they got a CCJ whether legitimate or otherwise then there's no SB limitation.

 

If the "default judgement" was faulty then you need to get a set asisde; Now if THAT works then the debt WILL be SB'd (2002).

 

The question a judge *might* want to know is why have you taken so long in contesting the original CCJ.

 

As for Interest etc I was under the impression that once a CCJ is obtained for Consumer Credit any debt UNDER 5,000 GBP CANNOT have interest or other charges etc added on AFTER judgement -- so another cause for complaint.

 

Cheers

jimbo

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Hi

 

I did not find out about what had happened until July 2009. This all became apparent on receipt of the Subject Access Request.

 

The CAB have informed me that in this case the time limitation begins when I first became aware of the incident.

 

On the back of an invalid Default Notice they terminated the Account and obtained a default Judgment which had an inflated Judgment debt.

 

On opening the SAR, I found that the money i had been paying (had paid) was not visible on the Statement of Account. This is why the DCA was chasing the debt.

 

I was unaware that a rescission of contract had occured and this destroyed my credit file for 6 years.

 

I want my money back and compensation.

 

I hope I am making sense.

 

B.

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Apply to set aside the original CCJ. You need to complete the N244 form and send to your local court, with the relevant evidence.

 

See the insolvencyhelpline guide on this.

 

http://www.insolvencyhelpline.co.uk/ccj-removal/index.php

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