Jump to content


  • Tweets

  • Posts

    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do medication and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Decree issued -nolans demanding £8K on old Yescar HP - handed car back 6yrs ago!


Rob1721
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4729 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I also have the same problem with this company.

 

I had a hired purchase 6 years ago in July 2005 and when I got it I was told I had 14 days to hand it back.

 

The car broke down before the 14 days so I handed the car back and and was told that would be end of matters and I'd just lose my £150 deposit money.

 

Iv just recently move back with my mum and found a decree for nolans demanding £8000 for a car that broke down and I handed back.

 

The decree was enforced in July 2009.

 

I ask for copy of contract and it says on contract you u hand back unsatisfactory good.

 

The date of purchuce was dated 25/6/05 and it defaulted on 28/7/05 which proves I had handed car back within the time they said I was able to hand it back.

 

Can anyone please adivse?

Link to post
Share on other sites

Hello and Welcome, Rob1721.

 

I'll use your post to start a new thread for you in our Legal Issues Forum.

I'll send you a Private Message with a 'link'.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

I am no very good with HP,

 

can you confirm if this was signed on the premises?

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

This was a company called yes car credit who have since gone bust. The contract was signed on there premises. I have copy of contract and it states in my rights,

 

2). If you received unsatisfactory goods or services paid for under this agreement you may have the right to sue the supplier, the creditor or both.

 

3). If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue the creditor.

 

I handed the car back cos of a break down less than a week of having it. Surly this contact is void? This is still on going after 6 years in July. What would you advise me to do?

Link to post
Share on other sites

haha

 

yes car credit

 

never seen one that was legal yet

 

ping postggj

 

he'll eat them for breakfast on this one.

 

dx

  • Haha 1

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... 

Link to post
Share on other sites

tnx post

 

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... 

Link to post
Share on other sites

idainfife

 

do you have a thread link on setting aside a decree

 

in england its called a ccj but i know they do things different north of the border

 

i can get this decree/ccj set aside with no problems but its the correct scottish proceedure i need to brush up on

Link to post
Share on other sites

[quote=postggj;3392157...do you have a thread link on setting aside a decree

 

 

...

 

for reference re decree see for eg http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=07_recall_of_decree

 

ps, as it is around 8k, wouldn't it be an 'ordinary cause' and therefore subject to 'reponing' if applicable rather than 'recall'?

 

what happened re the 'enforcement' in 2009?

 

imo

Edited by Ford
typo/ps
Link to post
Share on other sites

  • 3 weeks later...

Hi guys.

 

Yeah I live in Scotland. I had enough of these people NOLANS and there threats. So iv applied to get the decree recalled and fingers cross they will see sense and I'll get this dropped. This is starting to ruin my life as I can't get a mortgage or anything with this dragging me down. Anyone have advise on this?

Link to post
Share on other sites

i can help on the legaliyt of the agreement which is pure bull s--t

 

but ime not up on scottish law and setting aside a decree

 

idainfife is the cagger for Scottish claims but i will be able to do the defense

Link to post
Share on other sites

so, it was an 'ordinary cause' then? and, therefore, you did a 'reponing note' to start the recall application process?

 

what enforcement 'action' happened in july 2009 mentioned in your first post?

 

imo

Edited by Ford
typo
Link to post
Share on other sites

I was living at a different address and never got the decree till I moved back in sept 2010. I was told it wasn't worth taking to court as it would be about the same amount in solicitors fees. I'm just sick of these letters for something i had that broke down after a week. And last thing I want is to be make bankrupt or pay this. They have not enforced this decree in 2 year of having it. All I get is letters saying I have 14 days to do something.

Link to post
Share on other sites

Sorry in my last posts I said they 'enforced' a decree.

 

What I ment was they had applied for a decree against me and it was granted but it's not been enforced yet. I'm not really clued up on decrees ect. :s

 

Sorry for any confusion caused.

Link to post
Share on other sites

ok, so it looks like they were trying for the 'pay up in x days' 'enforcement' to begin with and have so far left it at that?

 

presume it was an 'ordinary cause' then? and so did you do a 'reponing note'?

 

imo

Link to post
Share on other sites

Yeah they have just been trying for payment which they are not getting from me.

 

I'm just in the process of doing a reponing note. Do know if I stand a chance as it's been 2 years since the decree was granted.

 

I just want this off my credit report as it's affecting my life as I'm looking to get my first mortgage. If it was my fault and my debt then I would accept it and pay it but it's for something that iv never really had as it broke down and handed back.

Link to post
Share on other sites

you've previously said that you have made an application re the recall? what did you do?

 

re time limit - if a decree amount hasn't been paid, then a 'reponing note' can be done up to 20 years!

 

imo

Link to post
Share on other sites

I applied for legal aid and got it. I have to pay £1000 towards fees thou. So it's now in my solicitors hands. I don't know what happens now. If I have to go to court or anything to give evidence? I guess it's just a case of wait and see what happens.

 

What do you think my chances are of success?

Link to post
Share on other sites

ok. there will prob be a hearing just now. your sol should keep you informed, and should be able to advise on your chances etc. (wouldn't like to second guess your sol :))

imo

Edited by Ford
Link to post
Share on other sites

Thanks ford. Thanks to everyone for advise and I'll keep everyone up to date on the case. Fingers crossed it a good out come and other people experiencing problems with con artists can do the same thing and not let these people try ruin peoples lifes!! :-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...