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    • So it's cost you 1850 + 361 = £2211   Yes - he's getting off lightly with 1775  and he wants to knock you back to 1700?   Unless you are happy to accept 1700 to make it go away, I think I'd go back to him, remind him that it's cost you over £2200 and that Trading standards in Scotland agree you have a valid case.  Tell him you are doing him a favour by offering to settle for 1775, and that if he doesn't except it within the next (I don't know - 48 hours? - by midnight saturday?*) you'll withdraw that offer and it goes up to £1850.  If he doesn't accept that you'll withdraw that offer too and go to ADR for the full £2200 that he's cost you.   If he argues that it was your decision to incur the £361 transport costs, remind him that you only had to do that because his quoted delivery costs were extortionately high, and that he could have avoided all of this by giving you the necessary pre-contract information in the first place, as required by law.   That's what I'd now do - but it's easy for me to say because it's your money not mine!  Wait and see what dx100uk and any others suggest.  If I were you, I certainly wouldn't do the above just on my advice.  In particular, I'm not sure how risky going to ADR is from your point of view, but I assume you're sort of committed to that now as you've offered it, and he accepted ADR I think?  (And if it does get to ADR it might be helpful to know if you are allowed to indicate during that process that his potential criminal offences have been reported to TS.  I don't know if you'd be allowed to do that or not.)   The dealer does seem to have given away quite a bit of ground, but at the end of the day you may be happy with £1700 just to get over it and move on, and may not want to push him any further.   Don't just rely on me.  See what others think.   *I've no idea of appropriate timescales.  48 hrs?  72?  five days?  A week?   But if you make this threat - you have to carry it through...
    • Does he earn a good amount ?  I think you said, he paid for a hotel out of his own money, which must be very expensive, so once he pays for this accommodation, there is not much left ?   Might be worth looking for cheaper accommodation and to try to save up some money, just so he has more options.  Can he rent a room in a shared house somewhere ?
    • Hi folks,   Today I received a letter from my local County Court telling me that a judge has allocated this case to the Small Claims track and that it will be heard remotely in April 2021.  The directions given are that    Each party must deliver to the other party and the court copies of all docs on which they intend to rely no later than 14 days before the hearing   Original docs must be brought to the hearing   Docs sent must include the statements of all witnesses. There's a fair bit of stuff in the directions but it all looks fairly standard and much of it doesn't apply (maps, police statements etc etc) It also states that the claimant MUST pay the trial fee of £170 by March 2021. I assume from reading up on other cases that I do nothing for the moment but wait to see if they pay the trial fee and send the documents they intend to rely on?  
    • ok thanks is this more like what you mean?    The date of infringement? 29/9/20   2 Have you yet appealed to the parking company yet? [Y/N?] No   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]      has there been a response? Give answer here   please post it up as well, suitably redacted. [as a PDF- follow the upload guide]   If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] No   what date is on it Give answer here   Did the NTK provide photographic evidence? Give answer here   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Give answer here   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Give answer here   5 Who is the parking company? City Permits LTD   6. where exactly [Carpark name and town] did you park? See map photo, Its leeds hospital  Algernon firth   .............................   parkingphotos.pdf
    • no every case could be different  hit create in the top red banner    
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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
      • 3 replies
    • @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
      • 8 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies

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I have been fighting a car finance company over mis-sold ppi for some time now and the point i have reached is this.

The finance company repaid the ppi premium as per an upheld complaint to the FOS but did not fully comply as they refused to restructure the outstanding balance of finance, as a result of this i refused to make any more payments to them until the situation was resolved.

The finance company then issued me with a statutory demand for around £3000 to which a replied by applying to the court for a set-aside and also agreed to hand back the car to offset as much of the outstanding debt as possible.

At the court hearing the finance company sent a local lawyer who immediatley asked for an adjournment pending the sale of the vehicle which the judge agreed to.

The car was sold at auction and the outstanding amount is now £1250 to which the finance company have added £250 costs from the court hearing ( even though no costs were applied for , or granted) and are refusing to withdraw the stat demand.

I have until the end of october to ask the court to to re consider the setaside or the case will be struck out so the question is , should i keep after the finance company through the court or will they actually attempt to bankrupt me for £1250.

Thanks.

Gavin

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I'm aware that they could, but would they for that amount ?, or would they simply pass it to a collection agent and hope to claw back anything they can by other channels.

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Could you give us some more info. about your circumstances. Job? House? etc...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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I am employed full time, i don't own my home and i have no savings.

I also have 4 dependants and own 2 fairly old cars.

Also to clarify, i'm not trying to avoid paying anyone but the finance company were in the wrong to begin with , hence the upheld complaint with the fos so i am fully prepared to go back to court, i'm just gauging opinion if its worth the effort and if it could be in the interests of the finance company to attempt to bankrupt me for just over a grand or if they would let it go to collection.

GDC.

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It's quite unusual for a company to threaten BR where the defendant has virtually no assets. It's a double edged sword really because BR fees are almost £500 if you declare yourself BR but much higher if a comapany does it. Might be worth writing to them explaining your situation (a rough outline will do, don't give them too much info).

 

Would your job or house be at risk if you were made BR?

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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We are a long way beyond 'letters explaining', this has been ongoing for almost 3 years now and only came to a head when the company was forced to pay me almost £4000 in mis-sold ppi.

My house is a council house and i am a lorry driver by trade so bankruptcy would not make any real difference on that front, the finance company in question are persistent liars and use very suspect business methods so i'm not confident that they (or one employee in particular) would not attempt proceedings out of pure spite.

I'm confident that i have a very good case for set-aside and they have had the car back which should go towards the "fair offer of settlement " part of the stat demand but its another day off work and more time spent peparing a case and i have spent more than enough time arguing with these idiots, its just going round the houses all the time with the company refusing to finally admit they were wrong despite a fairly strong telling off from the FOS ( they attempted to re-write financial law) .

GDC

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I do understand your situation but the SD has to be taken seriously unless they contact you in WRITING to advise that they are discontinuing. Even then, I'd go for a wasted costs order against them but it's your choice.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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