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    • he doesn't know what TS said exactly to you so don't exactly tell him.   i'd email him telling him that   I have today received a reply from trading standards regarding the issue, i now remove forthwith my offer of settlement @ £1775.   the offer of settlement is now (what you think is owed)   i give you 24hrs to settle the issue as i now have a very tight response time limit regarding TS concerning both the criminal and the consumer matters they refer to.   for want of clarity, by xxx time on xxx date, should £xxxx not appear in my bank account, legal matters may well escalate quickly and might be out of my control .          
    • Hiya cabot financial is the claimant thank you   so sprryfordsy in replying, am quite unwell at the minute and seem to be very muddle headed, will complete as requested by 16:00 tomorrow, thank you  (The documents have only been in my hands for a couple of days, letter went astray)
    • many thanks for your response, to be honest I think I have given him enough time, he says he has always been willing to resolve however the offers of a refund haven't come before the last 48 hours,  so I presume either TS have been on to him or he knows I mean business about my rights as a consumer and won't just roll over and go away.    I can't see ADR not going in my favour to be honest so I think that might be the next step in all honesty because I'm all bit annoyed at being more than 400 out of pocket if I do go for £1775 and that was me being generous and trying to meet him half way on his deduction of 150 from the cost of the car... now he's saying it will take him 3/4 days to collect the car and get it back because of his health which is totally irrelevant,  as it was seemingly perfectly fine when he sold me the car.
    • Yes, I did write before I offered to accept £1775 without prejudice,   I'm presuming I can withdraw the offer of settlement if he does not agree to be let off so lightly,     see further up for my correspondence today from TS, not only had he committed a crime by omitting required pre contract information,  the dealer told me in an earlier email he had no idea of the legislation etc.   I pretty much answered that it wasn't my problem he didn't know, and as a trader he should be well aware of any and all legislation.    Pretty fed up with the whole situation at the moment to be honest, I can pm the email received by the trader for more insight of what I'm dealing with.
    • Aton - I see you've reacted to my post.  Note I've edited it since you read it.  I added the bit in asterisks about reasonable timescale.  Like I say don't just rely on me - see what others say too
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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    • Ahmed Alwaheeb's firms sold cars riddled with faults – and which sometimes had government recall notices. https://www.consumeractiongroup.co.uk/topic/427369-ahmed-alwaheebs-firms-sold-cars-riddled-with-faults-%E2%80%93-and-which-sometimes-had-government-recall-notices/&do=findComment&comment=5071860
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    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
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    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
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Is this vehicle lease valid?


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Hi,

 

 

my uncle signed for a vehicle through his ltd company which went into liquidation a few weeks later.

 

 

He then went self employed and took the van on as a sole trader.

 

 

I have looked at the paperwork and there are 2 boxes for signing.

 

 

one by Network vehicles and one for my uncle.

 

 

The Network vehicle signatures look like they are done by computer

and it also looks like they were already on when my uncle received the documents.

 

 

Am I right in thinking that he may be able to send the vehicle back as the paperwork wasnt properly executed?

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Hi ZENTRIX9

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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If it was originally through the Ltd company then he personally has no rights to the vehicle and should hand it back to network.

He will have no liability if the ltd co's name is on the lease unless he signed as a gaurantor.

 

Hi, my uncle signed for a vehicle through his ltd company which went into liquidation a few weeks later. He then went self employed and took the van on as a sole trader. I have looked at the paperwork and there are 2 boxes for signing. one by Network vehicles and one for my uncle. The Network vehicle signatures look like they are done by computer and it also looks like they were already on when my uncle received the documents. Am I right in thinking that he may be able to send the vehicle back as the paperwork wasnt properly executed?
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Unfortunately he signed a new contract under his self empolyed business name, but it looks like the contract that he signed was signed on behalf of network vehicles before he signed it. Would this still be valid because the pre executed the agreement. Network vehicles signatures are exactly the same on all previous contracts received (done by computer). Do they have to physically sign?

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  • 2 weeks later...
  • 3 months later...

My uncle bought a van through his Ltd company. The company went into liquidation and he went self employed. The lease company got him to sign a new lease which was an "unregulated" lease without his knowledge or explaining to him what it was. He now doesnt need the van anymore and has found a buyer, however, after selling it he will be about £4800 short of the settlement figure he has to pay.

If he sends the cheque for the amount he sells it for and words the letter something like "I enclose a cheque for XXXX as full and final settlement" and they cash it, can they come after him for the remaining balance or does cashing the cheque constitute acceptance as full and final settlement.

 

Please help.

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Hi, forgive the format, it won't let me left justify for some reason. F&F's are notoriously complex and everything needs to be agreed in writing before a single penny is paid. Although many people believe writing Cashing of this cheque is aaccepting F&F or similar, it will hold no legal water! Get an agreement in writing, make sure the remainder of the debt cannot be sold on, and make sure that anything negative on your CRF will be removed and it marked as settled. Hopefully the letter below will help you get started. Apologies again for the formatting, my computer's having a funny five minutes!

Full and final settlement for any debt

 

 

Your Name & Address

Date

Company Name

Address

 

Dear Sir/Madam

 

Re: Your Reference

 

We write with reference to the money which you are claming on the above account.

 

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £ ??? and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

 

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply.

 

Yours faithfully

 

Your Name

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