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Good day. My first post here. I’m having trouble with MoneyBarn (arnt we all). I took out a car finance in sept 2019. Come 2020 experience financial difficulties due to covid. Ended up with a large outstanding balance. Come 2021 essentially homeless/jobless so decision was made to get rid of car through Voluntary Termination. I knew it was likely to be money owed but had no way of continuing to own the car and thought it was the best thing to do. So after speaking with a friend he’s advised that firstly given my financial situation at the time I should never have been approved. Secondly that the car listed in the contract wasn’t the one I received. I picked a car in carfinace247 (broker) which matched all my criteria importantly was listed as having 4WD. Signed contract online picked car up the next day. Couple days later realised it wasn’t 4WD. I contacted carfinance247 to which I was ignored. So carried on with the agreement... Firstly is there a way of getting hold of all checks carried out upon application and how it was I managed to get approved being unemployed/disabled/essentially homeless Secondly is the ‘misrepresentation’ of the car/ error in the contract as car is listed in the agreement as 4WD. Would this be a way of either voiding the contract or making it unenforceable via courts as currently owe apparently twice what the car was valued at when I brought it. After paying over £4000 plus giving the car back in good condition. any help appreciated and advice on my best course of action. -
Also...expand on the above, that doesn't stop the SB clock unless some got judgement in nov 2020. -
no need to do any of that.. please complete this: You have received a SCOTTISH Court Claim - What you need to do. **updated April 2017** - Scotland Financial Legal Issues - Consumer Action Group
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Nothing in writing at all, I told my insurance company i had an accident and thats it, They sorted the repair of my car, And ive heard nothing since from them, I got a letter a year later from his solicitors saying he was claiming for injury, But that was for information only -
the hire company might well have been rightly fwded your details as you caused the accident (have you admitted this in writing?) , so they know who to bill.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
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