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    • dx100uk   do you think it might help if the OP went back to the dealer and argued the point about the dealer having to pay the vehicle recovery costs (in the event of a cancellation and no pre-contract info) by quoting to them the Motor Trade Ombudsman's view on the question from post #25?   I mean, the motor trade ombudsman is not generally well-known for being on the consumer's side, and yet there they are spelling out the OP's argument for her!   This could be backed up by (1) reiterating that the advertised mileage does not agree with the MOT history - at least I think that's the case; I haven't quite got my head round it yet, and (2) pointing out that the "sold for spares" bit is simply untrue.  She could wind up by suggesting that she thinks any ADR or court would find in her favour on all three of these points and ask if he wants to reconsider his position.   See if that shifts the dealer any further.   Assuming he won't move, then either go for ADR (is this binding and who does it?) as a first step or continue with legal claim.   Only contra-indications I see:  (1) I think the distance selling/extended cancellation argument is very unusual with a used car purchase and have no idea if it's likely to be successful.  BUT Advice Direct Scotland and Aberdeen TS seem to think it's possible(?) and so does the Motor Trade Ombudsman - so who knows.   (2) BankFodder did suggest several pages back that if the OP got the purchase price back that might be a result, but that would mean either writing off two sets of transportation fees or arguing separately about them.    
    • Hi. I posted on the facebook group about Hermes queries re: a parcel that Hermes said delivered but i didnt receive. It was a private sale of a mobile phone from a seller in Wales to me in Edinburgh.   The seller has stopped contact with me now so I cant get any help from them. Hermes are saying it was delivered but it wasn't.   I have got all copies of emails to and from the seller and to and from Hermes. A photo of the actual parcel that the seller sent me prior to posting.   There also seems to be a some confusion on the Hermes tracking info about which day it was actually delivered but either way I was in my house both prior and after the delivery.   There was no photo but it stated the driver got a signature. Not true cos it was a covid thing not to get signatures. No calling card to say it was left somewhere else or in a safe place. It just simply wasn't delivered.   I've been told to ask for GPS info in order to trace the delivery or driver. I cant even talk to a human or get a valid address to write to.   I sent an email to the CEO guy and still no reply. I've not reported anything to the police but I'm getting all sorts of contrasting advice to do this and not do that etc that im totally lost now.   If you read this David, please get back to me please. Much appreciated.   This happened in June/july so hope im not too late to still do something about it. It's just took this long to only get to this stage. 
    • PAC code   https://tinyurl.com/yxhxcsxf   ...
    • Noted! Hopefully there won't have to be another time though!     I did respond to the email, I just basically said that he cannot deduct any costs incurred for collecting / picking up the vehicle and if it heads down the route of ADR which is a total new concept of me having any evolvement with, that he would have to pay a refund/the cost of the car and the cost associated with the collection of the vehicle.    Apon further checking the legislation because he gave me no cancellation rights prior to the contract starting he is indeed guilty of an offence, which is the likelihood of what trading standards are dealing with in regards to his local TS contacting him.     
    • hi,     Just asking for some experience or knowledge.     I purchased a puppy on the 30th of august. On numerous occasions I was in contact with breeder and asked if the puppy showed signs of entropion.    I was told no.   On the 26th of August puppy had first jabs. And apparently their vets said none of the litter showed sign of entropion.    On collection of puppy I noticed he was covered in green mucus. The pen had dog muck spread in there so assumed it was just from pups playing and maybe getting it in each others eyes (poor hygeine on breeders part)   Anyways,   Asked breeder to wipe pup and we left       With in 3 hours we realised that the puppy wasn't well. He physically couldn't open his eyes and when we attempted to clean them his eyeballs weren't visible.    We phoned an out of hour vets and contacted the breeders immediately.     The pup was taken to the vets and we were informed he had a severe eye infection which was a result to entropion.    The vet bill came to around 900 after tacking and meds etc. I asked the breeder to cover the costs. They said no because their vets said their was no issues.     The state on this puppy my vets think he's suffered from birth.     And most certainly not 5 minutes before I turned up.      I've filed a small claims for the cost of the vets and the cost of the puppy.      Where do you think ill stand?    What type of evidence will the judge want to see. Thanks
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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
       
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      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
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      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 .

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PLEASE HELP ME ,

 

i had a ccj against me in 2006 for £17.5k and with interest plus court costs it came to about £21k

 

i was told to pay £40 per month but then i got made redundant i could not keep up payments

 

i panicked and did a runner {I know i could go to prison} - no you cant!!

 

i got a letter from HL Solicitors acting on behalf of Lloyds TSB who said fill in attachment of earnings order

and make an offer of repayment or they will enforce the suspended attachment of earnings which was £40.

 

My question is can i go back to the district Judge and ask him to lower it again or even write the debt off as i only work part time doing 2 shifts a week,

 

£40PCM does not even cover the interest on this the debt is growing by at least £100

and i cannot physically do anything about it,

 

Please advise me what to do my fellow caggers.

Edited by dx100uk
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Return to or contact the Court and say that due to a change in circumstances you wish to apply for a re-determination of the Court Order sum for repayment.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Hi gideon

 

Who said you could go to prison, it's not illegal do be in debt anymore mate so put that thought away for a start

 

As I understand it you can ask to go back to Court and explain your circumstances openly and ask for a redetermination

 

In the long run the Courts are not there to do anything but help, they may slap your wrist but that's about it

 

Those with more experience will no doubt be along but in the mean time try not to worry

 

Good luck

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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I just telephoned the court

 

i cannot get a redetermination done as that as to be done within 8 days of ccj

but i can fill in N56 and apply to have it lowered which i think is the same or similar,

 

as i said i only work part time i suffer with Arthritis

so my job prospects will not really improve in the long run i will put a letter in with my N56

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I just telephoned the court i cannot get a redetermination doen as that as to be done within 8 days of ccj but i can fill in N56 and apply to have it lowered which i think is the same or similar, as i said i only work part time i suffer with Arthritis so my job prospects will not really improve in the long run i will put a letter in with my N56

 

 

Well you've started the ball rolling now gideon

 

Another good thing to look at is the fact that by approaching the Court you're showing that you're trying to help sort this out and will go in your favour should HL get snotty

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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is it possible to have a Judgement set aside because my job and my health have changed since the original Judgement?

 

Due to severe arthritis in my feet i can only work part time now and my doctor said this would spread to my knees and elbows in time. as i work part time the only payments i can afford to make do not even come anywhere near the interest let alone reduce the debt, in just 2 years the debt has grown from 21000 and is now 25000

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You could have it redetermined if your circumstances have changed.

 

I take it this was for a mortgage shortfall?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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yes we had our home repossesed and the district judge said we must pay £40 per month

but the solicitors acting on behalf of the creditors said they would check my income every 6 months

but i was Made redundant in 2009 i am alrmed that they are still piling on thousands of pounds in interest

 

what do they hope to Achieve by this i am a council tenant i have no equity, no savings and as i said i been diagnosed with severe arthritis in my fooy

t which will eventually affect my knees and elbows so my long term job prospects are not good either,

 

i am 43 and work part time i cannot stand for long periods without being in agony if i go for a walk i end up in agony.

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To be honest, given your circumstances it may be worthwhile considering bankruptcy. At least after a year you won't have this millstone around your neck.

they are still piling on thousands of pounds in interest what do they hope to Achieve by this
They can only add interest if the court order specified they can.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

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no i dont think it matters.

 

have a look in the legal forum

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 1 month later...

I am in the county court tomorrow regarding this

 

can i ask for a Judgement to be Varied

does anyone know if i can ask the judge to look at the interest as well as the creditor is putting interest on every month at 8%

when the Bank of England base rate is 0.5%

 

this was for a mortgage shortfall of £17k the debt is now £25k because of the interest.

 

help?

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4 threads megred

please keep to one thread per debt

so's we can see the history of advice given

 

dx

siteteam

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 11 months later...

i was taken to court in 2006 by HL Solicitors acting on behalf of Lloyds TSB over a mortgage shortfall.

 

i foolishly did not defend it at all so i was ordered to pay £16k plus £8k in charges and interest.

 

As the house was repossesed in 1999 i was told to pay £40PCM to clear the CCJ.

 

I was made redundant in 2009 and foolishly again stopped paying.

 

i eventually found employment last year and offered to pay so much a month

but they were still applying interest

so i asked them back to court and they practically begged me not to go back to court to look at the court hearing from 2006.

 

They froze the interest and when i think back the house i was living at in 2006 they released the charge that they put on the property.

 

My question is What are they hiding? is there a way i can find out what they do not want discovered?

 

The guy at the citizens advice was looking into it last year but he said some papers from the original hearing had gone missing from the court {sounds dodgy}

 

I cant help but feel in my gut that a great injustice has occured.

 

It will take me 4 and half years to pay this off but curiosity is killing me... i am desperate to know why they were pleading with me not to go back to court.

Edited by ims21
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Hi

 

I've formatted your post for easier reading. Please use paragraphs and punctuation as it makes it so much easier to read.

 

The guys will be happy to advise as soon as they are available

 

ims

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I telephoned the Court yesterday afternoon and explained i wanted as much information as i could get regarding the original hearing and they said if i send in a letter they will release transcripts and other things regarding the case to me.

 

I know this is a long shot but at the original hearing the address concerning the mortgage shortfall was spelled incorrectly i know its only a minor blip it should be Moore avenue but they put Moor avenue, would this make any difference in getting the CCJ struck out?

 

kind regards.

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A spelling mistake won't help you. There are cases of this happening before. I bet they have added the interest when they shouldn't have. Good luck.

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You really need a copy of that CCJ to see exactly what the judgment was and whether it was ordered they could add interest.

 

It's suspicious that they didn't want you to return to court for a redetermination hearing.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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thank you for your kind responses i am very grateful,.

 

i have checked a factsheet by national debtline in accordance with the council of mortgage lenders,

which states that a lender has 6 years to get the interest applied to the debt after the sale of the house,

 

well the house was repossessed in February 1999 and sold early 2000

yet they did not take me to court until August 2006

i now believe that is why they did not want me to go back to court because this would be exposed.

 

my question now is how do i right this wrong i will have to take the Lender back to court if i win and the interest was taken off it was shave 2 years off the repayments.

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