Jump to content


  • Tweets

  • Posts

    • As has already been said here, whether it takes five minutes or longer, the case will be closed in your favour. Enforcement is going to be a completely different issue. When do you issue your claim? Have you drafted the particulars yet? You may want to post them up here so we can have a look and comment before you actually issue the claim
    • I would like to think not too, hindsight is a wonderful thing, and I did say before had this all been done in a face to face situation I wouldn't be in this current predicament. I mentioned that he said after his first initial call to me about the clutch/strut needing replaced however the car requires a completely new paint job and stripping of the 'wrap' (actually a badly attempted effort at spraying with a plasti dip paint) which wasn't apparent in any of the pictures, nor did he mention it. However, even this doesn't come into it with the 14 days to cancel as no reason has to be given.    I'm hopeful that it if goes before a judge and the fact it was sold on a trade sales invoice will be case closed in my favour in under 5 minutes. 
    • Well, perhaps pointing that out in the first place was a tad sarcastic, so, I generally reply to sarcasm with sarcasm.    Bottom line is, the reason distance sales open more avenues for a consumerrights etc is because people get duped by dodgy traders rather frequently.       I believe your own first response was, good luck with the 12 months extension, which is already in my favour, so a bit more savvy in knowing what you're talking about before you responded would maybe have prevented me from pointing out that yes, I do indeed have the 12 months extension.   My apologies you said it should be interesting. .. goodness knows what you meant by that.
    • "Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose   "All the effort put in"? You mean there was some kind of entrapment? Surely not.
  • Our picks

    • @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
      • 6 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • 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
      • 29 replies

Please note that this topic has not had any new posts for the last 3645 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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...

 

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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 :)

Link to post
Share on other sites

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

Link to post
Share on other sites

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 :)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...