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    • Hi all, new member, being advised by someone on another forum but looking for the opinion of others to help me decide what to do.  Bit of a long one but I am looking for some quite specific advice or signposting to somewhere that may hold the correct information. Long story short, I bought an Audi on finance years ago and traded my old car in under the diesel scrappage scheme, brilliant. This allowed me to reduce the value of my brand new car by £7,000 Fast forward a few years later and I fell into hardship. Unfortunately I could no longer afford the car and despite my best efforts at trying to negotiate some kind of support from VWFS (Audi financial Services), the car was subsequently marked stolen and I was pulled over at the side of the road using Tactical Pursuit and Contain. My car was then recovered back to the finance company. I struggled for a while, bought an older car to get myself by and eventually got my finances back on track. Then in September of last year I became aware of a CCJ against me filed by VWFS, for the shortfall of the agreement minus the value of the car which was sold at auction. This caused me to do some research into my agreement, legislation and also consult some legal advice. Using another forum and speaking to retired vehicle finance lawyers, it turned out I may have some grounds to apply to set aside the CCJ at a Court hearing, so I drafted some documents and a witness statement and I was successful in setting aside the CCJ, on the grounds that VWFS had no evidence that I had traded in my old car as a part exchange. Now this is where things get complicated. My whole defence on winning the case against VWFS and disregarding liability for the shortfall rested on the fact that, with my old car as a part exchange, I had paid in more than a third of the agreement and VWFS could not repossess my car without a court order or they would be in breach of Section 90 of the Consumer Credit Act 1974 and I would be entitled to all sums paid under the agreement. I took this all the way, noting that the CCA 1974 and the Consumer Credit Agreement Regulations 2010 state that a deposit is defined as any exchange of goods or by any other means a reduction in value of a purchase by means of a transfer. I recently had my day in Court but as a litigant in person, was cross examined by an all singing all dancing Barrister and of course he persuaded the Judge that I had no case, and that my car traded in under the scrappage incentive was not to be classed as a deposit, despite it literally being written in legislation, amongst other reasons why I found the HP agreement to not be properly executed. I am now appealing this decision as I strongly believe the Judge has misinterpreted the law, What I really need for this to be successful is someone who is knowledgeable in the field of Vehicle Finance to help me understand if I have a possibility of overturning this case, as I have no doubt at all that my car should be classed as a part exchange and a deposit and it is blatantly written in the legislation that the finance companies are bound by. I would massively appreciate if someone can help me decipher this legislation and its application in the sense of my HP agreement, I simply do not understand how I can trade in my car and it not be classed as a part exchange, or a deposit. Similarly, if someone is able to find the exact wording of the terms and conditions of how the Diesel Scrappage Scheme was managed in 2018 that would be an absolute life saver! Thanks so much in advance, this is not a straight forward nor a well documented case but I believe I am onto something and I believe there will be other people in my position who have lost their cars without knowing this clause and could well be entitled to reclaim all sums under the agreement
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Verbally and physically abused: should I have called the police?


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Long post. Apologies.

 

I am a long term unemployed and for the last 15 months I have lived in a cheap guest house. I receive Housing allowance and pay the guest house directly every week by debit card. For a number of reasons I decided not look for a more stable accommodation as I had been planning to move abroad whenever a decent job opportunity would come up. I have almost given up on finding a job in UK. The guest house has a communal area with TV, kitchen and internet cafe, where I'm used to meeting with a few other 'permies'.

 

So far so good until a couple of months ago, when the junior manager started a smear campaign on me, telling people around that I'm a long-term unemployed and living off the state and that I move around the house as if I was the boss of the place and other not very nice remarks. I know it was him because some people heard him saying that and later on he admitted saying all these things. He then apologised saying he had drunk too much and he meant no harm.

 

After this episode there have been two episodes of a casual guest first and the another 'permie' verbally abusing me in the common area, shouting that I'm a lazy scrounger and citing details that only the guest house staff could have known. After the second episode I complained (verbally) to the senior manager of the guest house and he looked understanding and he promised he would speak to staff members asking them not to disclose personal information around.

 

A couple of nights ago another member of the staff came drunk late at night and verbally abused me, threatening to beat me one day. I just left the common area and went to my room. The morning later this same geek spoke to me friendly as if he didn't even remember what happened the night before, so I let the whole thing go.

 

The very same day I saw a 'permie', that is another long stayer, loitering the common area. I approached the manager and he evicted this person form the common area. A few hours late I saw this 'permie' speaking with the junior manager. Them the permie came to me and kicked me in my feet and then shouted abuse at me and threatened me, scaring not only me but all the casual guests in the house. I told him to go away and he did. Then I went to the reception and reported teh incident to the junior manager and he said I was exaggerating things and that if people abuse me all the time there must be something wrong with me. When he said that I told him that I would have called the police, which I did (101 not 999) but while waiting to be connected the senior manager came in and asked me to stop the call. Again he looked quite understanding and promised a full investigation. I didn't know what to do and I decided not to carry on with my call to the police.

 

My question is: should I have called the police? Should I have logged these incidents in some written form? Does the guest house have the duty to protect my privacy? Is the junior manager allowing, committing or fostering hate crime? Any help appreciated. Thank you

"Ask not what your country can do for you, ask what you can do for Poundland"

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If you have been assulted and you want to persue the matter then yes call the police and report it, however if you are living in close proximity to the person who assulted you this could escalate the situation.

Whether the owners have a duty of care or the junior manager is fostering hate crime I dont know, but the chances of getting anything done realistically are I would think remote.

In an environment such as a guest house you will get many different people and some of those may not be as nice as you would wish, its a difficult situation and IMO you would be better off trying to find alternative accomodation.

If I have been of any help, please click on my star and let me know, thank you.

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Thanks assisted blonde,

the chances of getting anything done realistically are I would think remote.

Yes I know, chances are remote, I just wanted to have something in writing as I don't really trust the manager's word.

you would be better off trying to find alternative accomodation.

This is a valid point, but bear in mind that I am unemployed with no recent references. I have tried to get accommodation of my own but in the area nobody wants to rent to DSS, I've only found a couple of dodgy geeks on Gumtree who ask me for a 'premium' cash-in-hand for the privilege of letting a room to a DSS. This is why I stay at a guest house.

"Ask not what your country can do for you, ask what you can do for Poundland"

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Is there any other guest houses around that you could move to?, or perhaps try a different area as you say you are unemployed there may be a job somewhere else.

I dont subscribe to the Police being usless as previously said the trouble with somthing like this is that there is not a lot they can do, if they interviewed the people concerned and even charged them CPS would probably not take it to court and all that would happen is that the situation could just become inflamed.

Whatever you do good luck

If I have been of any help, please click on my star and let me know, thank you.

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  • 2 months later...

A quick update, hoping somebody can give me advice.

 

After a period of relative calm and after the manager begged me not to call the police and promised to speak to his staff, a new serious episode of bullying and intimidation has happened and I have decided I will leave leave shortly. I have a bit of more money running so I hope I can afford something more respectable.

 

I have witnesses to this incident and of course I could have called the police in but most likely this would have resulted in more or less nothing.

 

When I have left, is there any trade organisation that I can write to in order to highlight the shortcoming of this business? Is it the council or maybe some tourist office that I have to write to?

 

Thanks

"Ask not what your country can do for you, ask what you can do for Poundland"

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Have you been to the council and asked to speak to a housing officer?

 

No I haven't. It's a good idea and I have nothing to lose.

"Ask not what your country can do for you, ask what you can do for Poundland"

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You also need to contact the police if you are being harassed or bullied, regardless of if they dont do anything. It will be recorded, so if something more serious ever happens, then there is solid proof that its not a "one-off".

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Yes, I should have called the police. I have stupidly believed the manager but I was wrong. Too late now but I have learnt the lesson.

"Ask not what your country can do for you, ask what you can do for Poundland"

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It isnt too late. Have a word with them and see what they say.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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