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    • I think you will find that the time limit is 30 days – not 31 days. I wouldn't bother about the solicitor stuff. You don't need a solicitor. You simply need us because we don't charge any money and we are much more aggressive than the solicitors you will find anywhere. Also, you are offering the possibility of a repair instead of a refund. I would suggest that you don't do this. Simply assert your rights under the 2015 Act that you want to return the car and receive a refund plus any expenses you have incurred. This doesn't mean that you can't then negotiate a repair that it means that you have reserved your maximum rights under the act. Also, I understand that you have not had the work carried out. Unless you have actually had the work carried out and parted with the money, you will not be able to claim these costs. This means that the only thing you can do at present is to insist on a refund. Of course what could happen next is that the garage asked for the return of the car and they then carry out the work. The trouble with this is that I would not have confidence that the work would be carried out properly using new parts or good quality parts. Frankly I think that when I find myself dealing with this kind of garage, I would want to cut all ties with them completely. You may have further problems in the future and you will find that their attitude to you is even more difficult – especially if you force them into a corner to pay you your costs if you get the work done or if you force them to do the work. You have to realise that you aren't only depending on the garage to respect your consumer rights now, but also to support you in your ownership of the vehicle that they have sold you for at least the next two or three years. Having gone into conflict with them so early on in your relationship, I think it would have poisoned all of your dealings with them now and in the future and so I think that your best interests are served by getting your money back on going somewhere else. I think should consider this very seriously. Imagine that they repair the clutch and then a few months down the line something goes wrong with the gears, or the braking system or the suspension and you have to go back to them again. I think it's going to get very nasty. I see that you have been asked to identify the garage and you haven't done so. Are you trying to protect them? I suggest that you consider the comments that I have made here and draft another letter and posted up for our comments. However the letter should certainly be in the form of a letter before action rather than simply saying that you will huff and then you will puff and at the end of 14 days you will then get some help from somewhere. You need to be assertive and to take control. I appreciate you may not be able to do this on your own but we are here to help you and we will support you all the way. Start reading up a bit on this forum about bringing a small claim in the County Court. In addition to the lack of information about the dealer, I also notice that you haven't told us anything about the car – particularly make, model, year, mileage and the value  
    • 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 – you are the owners of the house. This was in 1999. We talking about 30 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 store 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 would supply this to their solicitor that 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 that 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
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
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Hi,

received an offer from Halifax for 2 loans that rolled into each other but the account log I got from the SAR reads like gibberish.

 

I can't identify if when they were refinanced and in the end settled what , if any , rebate I got.

 

I need to check the accuracy of the offer as their breakdown does not correspond with ANY figures on the account log.

 

Is there anyone who can transate the way they document the rebate please?

 

I will try and scan the log and offer letter later.

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need to use the spreadsheet provided by ims and read the post in his signature. Will need to know the position at the rollover. In same boat as you - not yey claimed awaiting SAR results - as advised gives them less wriggle room when making offer.

 

Good luck and post up info removing personal data

 

Intend

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need to use the spreadsheet provided by ims and read the post in his signature. Will need to know the position at the rollover. In same boat as you - not yey claimed awaiting SAR results - as advised gives them less wriggle room when making offer.

 

Good luck and post up info removing personal data

 

Intend

 

They payed out like grease lightening, literally got the offer letter Friday and two cheques Saturday morning! needed the dough sharpish but will follow up with a claim for any difference once I can get the spreadsheets sorted out but scanner is playing silly buggers. BTW the clincher for me was that I had seperate income protection cover, they never asked me to prove it mind !!!!!!

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How did you put in the claim??

 

SAR which they responded to within 2 weeks then wrote to them with complaint, got a standard refusal, wrote with more info helpfully gleaned from here, they signed for the letter then lost it, resent it and got an offer a week later, cheques a day later !

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Hi here is the PDF of account log with what I think are the times where the loans were taken out and then settled circled as well as the breakdown of their offer. If anyone can decipher whether I received a rebate or if their calcs look right I would really appreciate it.

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