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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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lewis group ccj

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hi,

i'm new to the forum but was hoping i could get some advice. I got a ccj beginning of this year regaurding a santander account, i agreed to repay £18 per month but unfortunalty after a few payments my partner had to have back surgery and our income decreased yet again. After writing to the lewis group and offering to repay £23 per month to cover the arrears they accepted but i did not hear anything back from them until AFTER the first payment had been unknowingly missed. I have just rang them to make the payment over the phone instead of payment slips but they REFUSED to take my payment as they are going to send someone to my house to arrange repayment? Im confused as ive arranged to repay it but they are not letting me do so and talking about further action? Please help!!

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Can you pay them on line, they can't refuse that way.

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why are you ringing these muppets?

 

never ever phone a dca

 

you need to tell us about this CCJ..

 

lewis...CCJ the two don't sound right together.

 

what was the debt all about please?

 

how the hell did they get a CCJ against you ,,,very rare

 

dx


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The only way you can send a postal order.they dont do online and they dont even give their bank details to setupa standing order, they only provide do you with Bank giro credit where you may forget sometime to pay.

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beg to differ

 

http://www.lewisgroup.co.uk/

 

there is a box that states pay your debt on line


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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the debt was for a Dorothy perkins store card which due to unforeseen circumstances i couldn't keep up the payments the ccj was actually from howard cohen but the giro slips they sent where from lewis and when i phoned cohen they put me straight through to lewis are they the same people? i tried to pay onine but it would not let me saying the my details didnt match.

When i rang it was to make a card payment over the phone which is the only other option i had but got put through to some muppet instead

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pay it by internet banking portal of your bank

 

never ever give these spoofers your card details.

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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they will not give me any details to do it this way the only options they have ever given me is giro slips or pay over the phone i dont understand how they can refuse a payment surely that is the whole point they want me to pay them?

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tough titty then

 

phone them monday and demand some more payment slips then.

 

if they dont want their money - hard luck to them.

 

just never give them any card details.

 

now you seriously need to revisit this CCJ.

 

did you reclaim all the unlawful charges and p'haps mis-sold PPI on this sant debt?

 

i bet not.

 

can you tell us its history please.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Originally my credit limt on the card was £250 i had about £200 on it but due to there charges and interest when i got my ccj i had £447 to repay them

I defaulted on the account late last year and got the ccj beginning of this year at the time i just panicked and agreed to pay them £18 per month which due to my partner having surgery i missed a couple of payments but i agreed to pay £23 a month to clear the arrears. I have little knowledge of this area so was unsure of what to do

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i am surprised you are paying lewis as in my first post

 

what does the judgement of the CCJ say [exactly]

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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ok well it say the claimant is santander claims but but documents and payments should be sent to howard cohen & co,

The claiment's claim is for the sum of 366.48 being monies due from the defendent to the claimentunder a regulated credit agreement made in writing. The defendent has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendent pursuant to section 87(1) of the consumer credit act 1974

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no the judgement box

what did the judge decide

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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ive just had a look and i recieved the claims form from northampton county court when i recieved this i rang howard cohen because this was the first thing i had recieved since i couldnt make the payments to santander and agreed on the phone to pay £18 per month the next letter i recieved was from lewis confirming my monthly payments and giving me giro slips i have nothing with a judgement on it from the court

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urm.. interesting

 

i'd phone the court and findout if it ever did get that far.

you need to know what is in the judgement box

something smells here.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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If it is truely lewis and cohen, I've got their bank details to pay a debt to them. I told them that was the only way I would pay them.

 

Do you have a ref number for the debt or ccj?


"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

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yes i have the ccj ref and an account ref

does anyone know or have experience on what these house agents are like?

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Write to them removing all implied licence to enter your property and refuse to speak to them if they call, which I doubt they will.

 

I will dig out the bank details for you and then you can pay it direct.


"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

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yes i have the ccj ref and an account ref

does anyone know or have experience on what these house agents are like?

 

they have no legal powers whatsoever

the milkman has more!

tell them to go away simples!

 

THEY ARE NOT BAILIFFS!!!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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The Lewis Group/Lewis Debt Recovery/CL Finance Limited/Howard Cohen & Co are all one and the same, housed in Riverside, Cleackheaton, West Yorks (you can google the address and see the office) write to Santander Cards UK Limited complaints resolution team and state that their "Solicitor acting on their behalf Howard Cohen & Co" are refusing to accept paymnets in the agreed manner. I would then ask for their details to make payments direct to Santander Cards UK Limited, I would email a copy of your letter to Santander Cards UK Limited to Howard Cohen & Co.

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brilant am going to send them a letterto remove all implied licence and to keep all contact in writing

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