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    • My experience suggests that the gearbox becoming unserviceable is most likely unrelated to the cars service history. Many cars with this transmission have had at least one replacement gearbox fitted, or open heart surgery with the clutch packs being replaced.   The terminology is important regarding repairing engines and transmissions. People often say ‘it’s had a refurbished ‘box in it’, which often means it’s been simply swapped for a used example. Possibly with more miles on it or older.   if you are getting quotes then you need to clarify if the supplier/repairing agent is doing the above, or taking out the existing gearbox and repairing it, taking out the existing gearbox and refurbishing it (fixing the fault and replacing serviceable items such as clutches, filters, valve seals, mechatronic sleeve, seals, sump pan etc), replacing the gearbox with a refurbished/repaired exchange item or finally, and by far the most expensive option, is to fit a new ‘crated’ transmission from the manufacturer (FoMoCo). The latter could possibly write off the car in financial terms.    is it widely known that main dealers often farm jobs like this to Independant specialists? When I go in a gearbox place the white board is filled with some very well known main dealer franchises and car supermarkets. They just add 40% GP to the Bill they pay. So maybe clarify if they are doing it ‘in house’.   I apologise for not noticing in the threat that it is Advantage you are dealing with. They are a reasonably large company/provider and they have a dedicated resolution team. I’m amazed they haven’t capitulated yet as they are far from the most hard nosed finance houses. 
    • I had a payday loan from Kabayan Finance since 2012 but the record that they gave me was only from 2014 and I cannot access anymore my bank statement year 2012 and 2013. I keep renewing it right after I paid them I did complain to them but they said that the loan that  was granted was affordable and they had done the checks and submitted my bank statement. My bank statement was always overdrawn and I know the bank statement was only to confirm if my wages comes on this bank on the said date so they can deduct it. Please I need some advise and if I want to take my complain to the ombudsman.   Thanks
    • I have just received a non mol and the judge who signed it daughter works for the solicitors who applied for it and he also use to work for them I belive he was a partner in the practice  Is that not a conflict of interest? 
    • Hi, we had a council tax debt that was settled in full with our council back in July. However the bailiffs are continuing to pursue us for their fees.  We had an initial incident where the first bailiff had no ID and stated he was from the council and needed to inspect our house (council house). My partner let him in and he started listing items at which point my partner questioned who he was and he then told her he was from Rossendales reference outstanding council tax. After a discussion she set up a payment plan and he left. Things went on and we missed 1 payment, we rang them and explained and they said it was fine if we can pay double the following month to catch up. We agreed but before that date arrived we had a doorstep visit. It all became silly and stressful, i spoke with Rossendales who just were not interested and so rude its hard to not get agitated and stressed so I took out a loan and paid the council directly. I paid the entire debt with them. This did not include any bailiff fees. I logged an official complaint with Rossendales over the conduct.  It transpires that the bodycam from the initial visit was miraculously unavailable and also no complaint was logged by Rossendales, however there are notes on our account regarding the complaint!! With the virus etc I guess this has delayed their action but today I received a phone call saying I have to pay the council tax debt now or they will remove goods tomorrow. I tried to converse and explain what had happened and was shut down, the agent said he wasnt interested, either pay now or I'll visit tomorrow to remove goods, every time I tried to speak, he spoke over me so we got nowhere.    I'm at at a complete loss as to what to do, I cannot raise a complaint with them without evidence and they're not interested in anything other than causing stress and trying to obtain money or goods.   Please can anyone offer advice, do I just need to pay their fees, even with their conduct? Can they still charge fees for a settled debt? What if they do visit? What can they do and what can I do? 
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Overdraft on a mortgage - help needed urgently!!!!!!!!


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Hi, to be honest the judge's hands will be tied somewhat as the hearing will be to determine how the current arrears are to be paid. If you are unable to maintain the normal monthly payment then it is obvious that the arrears will increase rather than decrease. There is always the option of putting the property up for sale and asking for time to sell while making reduced payments, but you would have to show proof (estate agents contract) that it is indeed for sale.

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I think that's good advice from Ell-enn. If it seems inevitable that you can't stay in your home it is much better to try and sell it yourself, on your terms, and ensuring you get the best possible price. At the very least it buys you some time.

 

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Sounds like you have what is known as an all monies charge in your mortgage - which means any other lending the mortgagee (Woolich/Barclays) have given you is automatically secured against your house. Since overdrafts are usually payable on demand, if you fail to pay them when they ask for it, they will do exactly what they have done, go for possession.

 

The complexities surrounding an all monies charge aren't readily understood by many people - if it relates to an unsecured loan, a credit card or similar, then the court retains the power to suspend any possession order under s36 of the AJA1970 and s8 AJA1970 (there is more to this, but I am sticking to layman's terms). But where the money lent relates to an on demand overdraft secured by an all monies charge, then s36 and s8 do NOT apply. But, that said, the court retains the discretion to adjourn or suspend a possession claim if there is a likelihood of the overdraft being paid off in a reasonable period.

 

s8 AJA1973 specifically does not generally apply to an on demand overdraft, but the court can still exercise its discretion under s36 AJA1970. You need to check your agreement for the overdraft to see if there is reference to deferment of principal.

 

Your defence is going to be complicated in the sense that you will have to raise the above information to the judge, otherwise the otherside are going to push on the all monies charge issue.

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Thanks Lea...unfortunately, I am confused by this twist. They haven't provided the agreement despite many requests so it will be difficult to get anything done on that angle b4 tuesday. So I have pointed this out in my statement and will keep the ss.8 & 36 in my war chest.

 

I thought because the other lending was on a OD, the Coutts v. Seb case might come in useful? Do you have any thoughts on this?

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Thanks Lea...unfortunately, I am confused by this twist. They haven't provided the agreement despite many requests so it will be difficult to get anything done on that angle b4 tuesday. So I have pointed this out in my statement and will keep the ss.8 & 36 in my war chest.

 

If you use these sections you MUST understand what it is you are asking the judge to consider - it is for him to use his discretion to allow you time to repay the OD, even though it is an on demand repayment facility. You can gain an adjournment by informing the judge that you have requested sight of the agreement and have not yet received it yet. The judge will direct the other side to provide you with a copy.

 

I thought because the other lending was on a OD, the Coutts v. Seb case might come in useful? Do you have any thoughts on this?

 

It is impossible, without the full facts of your case, and sight of all the relevant paperwork (most notably whether this is in fact an all monies charge or not) to ascertain which case law may or may not be pertinent to your case.

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I have a book containing terms and conditions (far too big to copy & post on here) - any idea where I should be looking? Is there likely to be something stating 'all monies charge'?

 

Your mortgagee is OBLIGED to tell you, if you ask, whether there is an all monies charge clause in your mortgage agreement. Ask them. It would be difficult for me to tell you where in your booklet to look, or what wording to look out for, as it won't necessarily be the same for all mortgages. But, they do have to tell you, and they can tell you the exact paragraph it is contained in. If the wording is ambiguous, then you will obviously be able to claim that it is not readily understood and is therefore an unfair term - though this of course won't work if the wording makes it clear what it means (they usually do).

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