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    • Growth was stronger than expected, but millions of households are yet to feel the benefit.View the full article
    • If we can establish that he is trading then you will be protected under the Consumer Rights Act 2015. If we can't establish that then he would have to be treated as a private seller. I know that on Facebook you have been advised that you have very few rights – but this is not true. Apart from anything else, it's an offence to sell a vehicle which is not in roadworthy condition and it sounds to me as if your vehicle is not in roadworthy condition although we may will have to get an independent inspection. I understand that you had a mechanic give it a pre-MOT cheque. Was that before or after it was purchased? A few problems here – first of all, the van was very cheap. This doesn't reduce your rights anyway but what it does mean is that it may be less worthwhile taking an action that we will have to work that out later. Secondly, you bought the van from a dealer about 130 miles away. This means that if it has to be returned, there is a 130 mile trip to get it there and then you have to come back. Although it's a bit late for you, please follow the link to our used car guide and see what we say about protecting yourself when you buy used cars and in particular what's the little video towards the end of the thread. You won't feel good about it but you may as well learn something for the future and of course other people who visit this thread for that as well. Finally, if we end up having you bring a claim against him in the County Court, I have no doubt but that you will win but enforcement could be tricky. I think the first thing to do is to consult the land registry web search service and find out if he owns the property that is trading from. If he does then at least you have identified an asset and enforcement will be much easier. You can access the land registry website here Summary of freehI think it will cost you about 3 pounds.old - Search for land and property information SEARCH-PROPERTY-INFORMATION.SERVICE.GOV.UK I think it will cost you about £3 or so. Make sure you use the website link I have given you above. It is a government one. There are lots of private websites which look as if they are government and they charge you a lot more money for giving you exactly the same information.
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Sexy_Em vs HSBC


Sexy_Em
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  • 2 weeks later...
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Hey I am with you.

 

Very confusing. Just posted myself. AQ due on the 30th.

 

Just dont seem able to get my head round it.

 

If you see a simple broken down way let me know too !!

4th January 2008 - Prelim sent

16th January 2008 - Standard reply - NO!

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Seen it - Thank god.

 

Looks pretty straight forward in that layout.

 

Very nice.

 

When does your AQ have to be filed mine is the 30th.

4th January 2008 - Prelim sent

16th January 2008 - Standard reply - NO!

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ok, as for the aq - as well as the link above, check this one out:

 

New strategy for Allocation Questionaires

 

i asked bong exactly how to use it and this was her reply:

 

 

if its an N149 AQ at G (other information) write

 

I believe that the case will last no longer than one hour.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the attached draft direction be made into an order.

 

I believe this would bring a rapid end to this litigation.

 

If its an N150 AQ, at F tick yes and then no, and at H write the same text as above, but not the line about the case lasting for one hour as this has been answered elsewhere in the questionnaire.

 

You then attach the draft direction, making sure you have added your own case and court name and claim number etc.

__________________

so, that's all the help you will probably need for the aq.

 

remember my new theory (i'm going to loook really stupid if this doesn't pan out), offers on thurs, frid and sat for those with aq's due next week - if they have already sent in their breakdowns to dg. that gives you mon. if it doesn't happen - to ring dg and see what is up.

if, you get your offer and ac cept it - you still need to ring the court before the aq deadline to tell them what's happened and ask them to delay the aq deadline. if nothing happens (i'll jump off the humber bridge probably) you will file your aq's before the deadline.

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  • 2 weeks later...

Had a letter this morning from D & G offering me the full amount wooohooo!!!

 

what do I do now?

 

Sign it aggreeing to the money - but crossing out promising to keep it confidential?

 

ring MCOL and tell them to stop proceedings

 

then what?! am i done?!

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don't stop the court stuff until you have your money.

 

here's an acceptance letter you could use if you like: courtesy of michael browne:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

__________________

 

and here's something for the courts:

 

 

Claim No.*********

I wish to inform the court that the defendants in the above claim have written to me offering an ex gratia payment in full and final settlement of this claim. In principal have decided to accept their offer and I am currently in negotiation with them as to the terms and conditions they have attached to the offer.

Should the claim be resolved to the satisfaction of both parties I shall inform the court immediately and withdraw my claim.

user_offline.gifreputation.gif vbrep_register("543717") report.gif

 

 

i am really please for you em.......let us know when you get your money!!!

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thanks ever so much for that lateralus I will get them letters written tonight!!

 

Do I thn cross out the bits I dont agree to on the form thing they want me to sign and send back, or just not send it?

 

Thanks netty :)

 

Everybody on here is soooo helpful!

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  • 3 weeks later...

HSBC Sent me a letter on Saturday telling me they were going to pay the charges into my bank account, so I wrote back to them straight away saying that I had closed my account so it wasnt going to be possible...

 

And I received my cheque this morning! *faints*

 

Thank you so much for everyones help!!

 

xox

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