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    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
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  • 2 weeks later...
do you have a full statement of account

default and termination notice

notice of assignment

 

Sorry for my absence.

I have a statement of account but have not seen a default or termination notice.

 

Due to the family members state of health at the time,

he does not know if he received a default and termination notice and does not have any papers regarding the debt.

I got the credit agreement and statement from Go Debt.

Should I be asking Go Debt for a default and termination notice or the original lender?

 

Am I right in assuming that it is Go Debt who need to prove there was a notice of assignment?

I have asked them time and time again for one and all they've sent so far is the wording

(which anyone can obtain) and a letter from them stating the debt has been assigned to them.

 

Like I've tried to explain to Go Debt (time and time again),

if someone knocked on your door and said "you owe me £6000", you'd likely tell them where to go.

 

If they were insistent you owed it to them, you'd ask them to prove it.

 

Go Debt has so far failed to do so.

Settled Tribunal claim against employer regarding Disability Discrimination.

Recovered my money from an AXA Bonus Cash Builder Plus after discovering here on CAG that the original advertising was found to be misleading.

Cabot still can't provide a copy of Credit Agreement and have left me alone for about a year now.

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I think you would need to contact the original creditor for any default/termination information.

 

It might be in your interest to send a Subject Access Request - this is a request for ALL information in respect of the financial relationship between you and the creditor. There is a draft template in the CAG library, you need to send £10.00 with the request and the company has 40 calendar days to comply - if they dont, you can then either make a complaint to the Information Commissioner or issue a claim against the company for a court to order compliance of your request.

 

The draft letter itemises some information, but most importantly you are looking to receive.. the communications log - which should details EVERY action taken on the account, letters/emails sent - telephone calls made, etc. you should be able to identify from that whether any default notice / termination notice or assignment has taken place.

 

HTH

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You can send the following letter to the company who is claiming that they are the new owner of the debt. Just fill in the blanks :) Send the letter by recorded or special delivery post and keep the receipt and check on the RM website a few days after sending to ensure that it has been received and signed for.

 

 

Draft request for assignment - Amended Draft.doc

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You can send the following letter to the company who is claiming that they are the new owner of the debt. Just fill in the blanks :) Send the letter by recorded or special delivery post and keep the receipt and check on the RM website a few days after sending to ensure that it has been received and signed for.

 

Thank you for that. I sent them a slight variation of the letter as recommended. I added references to my previous letters requesting the same and pointing out that they had so far failed to comply.

 

I have now received a reply. The have sent a comprehensive document which appears to be an assignment to them from Private & Commercial. However, they have redacted a lot of information and contrary to the specific request in document you linked to, they have not given any justification for this.

 

Additionally and I think most importantly - there is a page for details of the debt and debtor but this is completely blank. In fact, there is no reference to my family member or the specific debt - i.e. amounts or account number on any of the 34 pages!

 

I will wait for responses to be sure but I guess my next step is to write again and refer them back to the letter and ask them why they have redacted and without any justification and why this document does not contain any information which connects it to my family member.

 

khemist - After my family member received the SD, I wrote to Go Debt and ripped them to pieces for taking this action and continuing to harass him while the debt is in dispute. They claimed they didn't realise it was in dispute but that was just plain nonsense. In the reply, they apologised and said they would not take that any further. I have it in black and white so I didn't need to apply for a set aside.

Settled Tribunal claim against employer regarding Disability Discrimination.

Recovered my money from an AXA Bonus Cash Builder Plus after discovering here on CAG that the original advertising was found to be misleading.

Cabot still can't provide a copy of Credit Agreement and have left me alone for about a year now.

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'have it in black and white so I didn't need to apply for a set asidelink3.gif.'

 

perhaps should've tried to get them to withdraw it. an sd doesn't 'expire' as such (unless statute barred, set aside, withdrawn) so would always be open for action until/if then (although the longer the wait would prob need justification). non compliance with an sd is a valid reason for petition, even if in 'dispute'. then for the court to decide. if they do petition, would then need to use that 'dispute' confirmation in opposition.

Edited by Ford

IMO

:-):rant:

 

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'have it in black and white so I didn't need to apply for a set asidelink3.gif.'

 

perhaps should've tried to get them to withdraw it. an sd doesn't 'expire' as such (unless statute barred, set aside, withdrawn) so would always be open for action until/if then (although the longer the wait would prob need justification). non compliance with an sd is a valid reason for petition, even if in 'dispute'. then for the court to decide. if they do petition, would then need to use that 'dispute' confirmation in opposition.

 

I just checked the actual wording and they said "in respect of the SD we will not take any further action, without giving you 21 days written notice of our intention to do so" which has reminded me why I don't need to worry about it at the moment.

Settled Tribunal claim against employer regarding Disability Discrimination.

Recovered my money from an AXA Bonus Cash Builder Plus after discovering here on CAG that the original advertising was found to be misleading.

Cabot still can't provide a copy of Credit Agreement and have left me alone for about a year now.

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ok. but, that's prob re a petition! generally, if 'they' did decide to petition would get normal petition notice anyway. and if you then go for set aside of the sd out of time prior to their petition would then need to request extension to the set aside time limit in any sd set aside application with that reason. otherwise, and/or would need to oppose the petition.

Edited by Ford

IMO

:-):rant:

 

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I personally would get it set-aside I would not trust any person or company that uses that route... fords advice is correct in my opinion.

At least get it set-aside then you have abide by the law. DONT TRUST THEM

 

khemist

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