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    • I agree and yes the little paragraph does cover what the bank are doing but I need to tell them they are refusing to give me statements which I can calculate how much they owe me. ??
    • So after much to-ing and fro-ing, I received notification from the court a couple of days ago that my case will now be heard on May 2022, which suits me fine😊. Any delay or wasting of time endured by Highview Parking is music to my ears, as it hopefully will get them to ponder and reflect whether it is worth their while having to wait an entire year for adjudication over some stupid and paltry PCN. Having said that, I look forward to the hearing as I'm 200% confident of my defence and for which I owe a great deal of gratitude to everyone who chipped in here with those awesome tips and advice. The battle isn't won yet, but the 1 year delay is itself a little moral victory for me. Thanks peeps 🙏🙏
    • Apart from the fact that it was getting too long, I don't think it is necessary to give them any further explanation. I've added a single line which refers to the increasing of your monthly payments by the adding of alleged arrears to the mortgage – and that this is in direct defiance of the ombudsman's direction. If I were you I would leave it there. Also, I think that you should keep it broadly in the same order as I suggested with the fact that their clients have only just woken up – as being the first line that they see and hopefully they will understand that they are dealing with somebody with a very bolshie attitude about this – which is what I think you need to project. Let me know if you really want to change anything else – but frankly I think that you need to keep at this point it is possible. You don't need to give them any further explanation of the ombudsman's direction. I think you've supplied them with a copy of the order already haven't you? If not – then attach the order
    • this is my draft   In reply to your email on Friday the 18th of June.                Firstly today I have received a letter from Barclays informing me that my monthly mortgage payments have gone up by £143 per month that when you calculate over the remaining term of the mortgage it equates to approximately 24k which is very near to the figure which was assumed by the bank to be my arrears. There was no explanation or calculation attached which I find hard to believe. So after contacting the bank and asking the adviser he confirmed that the bank had added on the amount to cover the arrears ( that don’t exist) so in reality I am going to pay the arrears twice. This below is what the ombudsman told your clients to do but unfortunately they obviously cannot read  I quote From the ombudsman to Barclays   My final decision is that Barclays Bank UK Plc should: · Restructure Mr A’s mortgage as if any arrears balance was added to the main balance of the mortgage and the arrears extinguished upon the inception of the mortgage set out in the mortgage offer dated 29 June 2019. · Amend Mr A’s credit file and any internal records in line with the above – so that any arrears were cleared upon inception of the new mortgage   I have asked the bank on numerous occasions for statements in relation to the so called arrears and  my overpayments  Which add up to a few thousand pounds so I can calculate what is also owed to me. They are refusing to give the statements to me stating that because I have missed payments they do not have to supply them , I don’t believe this is right and is not in line with the banking code of conduct.   The fact that your clients have only just woken up and instructed you is no concern of mine. It is simply a further demonstration of their poor attitude to the interests of their customers and also their disregard for decisions made by the financial ombudsman service.   You refer to a "short delay" but I notice that you are unwilling to give any kind of commitment. Your letter is littered with "as soon as possible" and "in due course". But the ombudsman's instructions are clear.  So are the courts powers under the FMSA 2000. There is nothing to consider no negotiation to be had and no compromises to be made - so why the delay?   Because you have made me feel sorry for you I'll give you an extra week. If it was simply a question of money that hadn't been paid, I would agree. There would be no question of prejudice. However, we are talking here about damage to my credit file which has gone on now for well over a year and a half. Your clients may not care about their own  reputation but I certainly care about mine.   The damage to my credit reputation is totally without justification. It is unfair treatment not to mentioninaccurate data processing. It is continuing and your clients are wilfully exacerbating the problem. It's not clear to me whether they are doing this deliberately or simply because of their ineptitude. Do you know? I'm quite happy that you share these documents with the court. Especially your admission that your clients have only just now instructed you despite the fact that this matter has been ongoing for a considerable time. Frankly I would have thought that it would be in your client's interest not to reveal how slack their attitude and procedures are – but that's a matter for you. And incidentally, there will be no question of costs if you simply don't try to put any response or defence. The ombudsman's decision is binding and there'sactually no reason for you to get involved except to hold a dialogue with your client and tell them to get a move on. If your clients instruct you to get involved, then it will be completely unnecessary. This is not a contentious matter. There will be no need for an injunction if your client simply did what they were told by the ombudsman – which they will eventually have to do anyway. I'm preparing the form N322 to apply for an ex parte injunction as we speak. Legal proceedings for statutory breaches of FCA regulations and also the Data Protection Act will follow once your clients have complied with the FCA direction – whether they do it voluntarily or they are forced to by the court. So don't come back and say you didn't know about that either.   Regards,
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I purchased a vehicle from this company via

ebay on 25/3/2013.

I traveled to london to collect the vehicle,

shortly after returning home and driving the

car a few times, i noticed that the clutch

appeared to be slipping.

I notified .......... via

letter on the 8/4/13 and asked them to

rectify the issue under the sale of goods

act, advising them that by law they have to

rectify my issues with the vehicle.

I received a reply advising that the car was

sold without warranty and they wouldn't be

offering a repair or refund for the vehicle.

I sent a further letter to the company, dated

21/4/13 further advising them of their

responsibilities under law. I have not

received a reply.

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 24/03/2013 to 07/05/2013 on

£646.00 and also interest at the same rate

up to the date of judgment or earlier payment

at a daily rate of £0.14.

 

 

Thats what ive put in MCOL...

Is that what i need or something else?

Cheers

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I think you need to sate that your are claiming under the Sales of Goods Act 1979 (as amended).

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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  • 2 weeks later...

Not sure on that one. Could you not have got to work via public transport is the question they will ask you in court. You could also claim for hire car charges (all consequential losses) but the respondent will be allowed to mitigate his costs. So if the judge thinks you could of got to work by other means which would of mitigated your losses, he is likely to only award accordingly. If you use public transport (or taxis) you could be asked for proof. Same if you end up hiring a car.

 

If it gets to a hearing, you will be allowed to claim for time off work (max of £50 I think) plus travel expenses also. BE WARNED THOUGH; All this is very well but even if you get judgement, there is no guarantee you will get your money.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Understood,

If i get a judgement, and dont get the money... What are my options then?

 

You can apply for a warrant of execution which will mean the bailiffs will attempt to recover your money. Prior to doing that though, you can ask for a hearing to examine the seller's financial circumstances of which he MUST attend (although he gets 3 chances I believe) otherwise he can be arrested.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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You can apply for a warrant of execution which will mean the bailiffs will attempt to recover your money. Prior to doing that though, you can ask for a hearing to examine the seller's financial circumstances of which he MUST attend (although he gets 3 chances I believe) otherwise he can be arrested.

 

With the amount of the claim plus costs and interest looking likely the figure will be enough to engage High Court Enforcement Officers. Much cheaper than County Court bailiffs and more effective.

Edited by ploddertom
Commercial link removed

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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amount of the claim plus costs and interest looking likely the figure will be enough to engage High Court Sherrif Bailiffs. Much cheaper than County Court bailiffs and more effective.

Thanks for that!

What's the threshold high court?

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Thanks for that!

What's the threshold high court?

 

Just checked £600

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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  • 5 weeks later...

Right,

i need help now,

I submitted request for a judgement yesterday due to no response, and today it now says this:

 

 

Your claim was issued on 28/05/2013

You submitted a judgment against *** on 18/06/2013 at 07:07:49

**** issued an acknowledgment of service on 19/06/2013

 

 

What does that mean? If it means what i think, how come they can submit it after their 14 days was up?

My judgement status is requested.

Thanks

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  • 2 weeks later...
Right,

i need help now,

I submitted request for a judgement yesterday due to no response, and today it now says this:

 

 

Your claim was issued on 28/05/2013

You submitted a judgment against *** on 18/06/2013 at 07:07:49

**** issued an acknowledgment of service on 19/06/2013

 

 

What does that mean? If it means what i think, how come they can submit it after their 14 days was up?

My judgement status is requested.

Thanks

Anyone?

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It looks to me like they got it in on the last day

 

If this is a MCOL submission

 

Issue of claim date 28/05/2013

 

You need to allow 5 days for postage

 

28 may + 14 days = 14 june + 5 days service =19 June

 

They then have until 3 July to submit a defence

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  • 2 weeks later...

I have recieved the particulars of claim today:

 

The claimant collected the vehicle and paid in full, at this time, all known defects with the vehicle were disclosed to the claimant.

The claimant was aware of the condition of the vehicle prior to making the transaction, however proceeded

the vehicle was priced substantially lower than the market value to reflect its condition. this was again noted and accepted by the claimant at the time of purchase.

The claimant has failed to verify the costs he claims to have incurred in this matter, and further they appear ever escalating.

The claimants letter to the defendant denotes a quote of £380 however the claim has been issued for £610 + costs.

The claimant has therefore either grossly elaborated this claim or has failed to mitigate his loss by not undertaking the most cost effective repair.

In compromise, the defenant is willing to repurchase the vehicle from the claimant for the purchase price paid in full and final settlement

 

I have no idea what to do now?

I dont want to accept their offer as i will have still lost money,

I have this questionnaire N180 to fill in, then i assume it will go to court then?

 

I have 9 days left to send this paper work back, could someone be so kind as to advise me? :/

The letter also says i may seek to settle the claim by either direct discussion or negotiation with the other party, do i do this before i send this form back?

Thanks

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I think they are 'papering over the cracks' a little and treading on thin ice with their defence.

 

They cannot attempt to reduce your statutory rights by selling you the car and getting you to accept that it is 'sold as seen'. As I see it, they are actually stating that is exactly what they have done. They are admitting selling a car in a sub-standard condition or 'not fit for the purpose' and not 'of satisfactory quality'. The fact that they have sold it at a reduced price dosn't help their argument. They are basically admitting that there is something wrong with the car and as such, they should of sold it as 'spares or repairs' which would mean that they could not sell it as drive-able.

 

In addition to that, they are claiming that you have not allowed them to mitigate their costs. In other words, they are saying that you have not provided them with reasonable opportunity to inspect and rectify the car so that they could 'verify the costs' you have incurred. Reading through the thread, it would appear that they never responded to you when you wrote to them so as afr as I can see, you did provide them with an opportunity.

 

All in all, they have handed themselves on a plate. The SOGA is quite clear in that they cannot sell a drive-able car under their terms of 'sold as seen with no comeback'. It is simply against the law. No matter what they say, the car must be of satisfactory condition and fit for the purpose. Their defense is more or less confirming that it wasn't.

 

I would certainly have fun with this in court!

 

My advice is to pursue it so you recover your losses as per your claim.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thanks for that Sailor Sam

i did try and PM you as i valued your previous advice :)

Obviously i intend to proceed with things, whats next, once ive returned this form will i be allocated a court date?

 

If it got that far, is a judge likely to look at their defence etc and just vote in my favour?

Thanks

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Guys,

On the directions questionnaire, it says i must return it to the court, and serve copies on other parties,

does this mean i have to send a copy of it to the car company?

Thanks

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Guys,

On the directions questionnaire, it says i must return it to the court, and serve copies on other parties,

does this mean i have to send a copy of it to the car company?

Thanks

 

Yes. Get proof of postage when sending.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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  • 2 weeks later...

Guys,

I have now received a letter from a solicitor acting on their behalf, after i sent an email offering them a final chance of settlement.

I don't have the letter to hand but it basically stated i didn't give them chance to resolve the issue (LOL!!) and they would offer me a full refund of the price paid for the car (Id still be £600 out of pocket, no thanks!) and they stated that i test drove the vehicle before i purchased it, i didn't, i wasn't offered a test drive.

 

So ive replied to them stating all the correct facts and again advising them of their obligations, hopefully they will see that they wont win in court.

In the mean time, my MCOL claim has been transfered to Leeds court (near me, and 4+ hour drive for the dealers) so thats a good thing :)

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  • 1 month later...
Guys,

I have now received a letter from a solicitor acting on their behalf, after i sent an email offering them a final chance of settlement.

I don't have the letter to hand but it basically stated i didn't give them chance to resolve the issue (LOL!!) and they would offer me a full refund of the price paid for the car (Id still be £600 out of pocket, no thanks!) and they stated that i test drove the vehicle before i purchased it, i didn't, i wasn't offered a test drive.

 

So ive replied to them stating all the correct facts and again advising them of their obligations, hopefully they will see that they wont win in court.

In the mean time, my MCOL claim has been transfered to Leeds court (near me, and 4+ hour drive for the dealers) so thats a good thing :)

Any update on what happened?

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  • 2 months later...

Yes....

Sorry for the delay..

I went to court, they didnt turn up, i got judgement,

 

Then out of the blue i get a letter to say the court have had an application to set the judgement aside, and i have to attend a hearing in January now.

 

 

What does this mean? how is this fair when i have already got a judgement ?

Thanks

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They are simply playing the system. You should contact the court and tell them that you object to the application as the respondent failed to bother to turn up at court. Also that you want to apply to add your costs of attending (loos of earnings and travel etc) if the judge agrees to the application. It is for him to decide but as I see it, there case isn't strong enough thus there is no reason to set judgement aside. The court office should be able to advise you of your options.

 

But at the end of the day, it is up to the judge... he may simply reject the respondent's application.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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They are simply playing the system. You should contact the court and tell them that you object to the application as the respondent failed to bother to turn up at court. Also that you want to apply to add your costs of attending (loos of earnings and travel etc) if the judge agrees to the application. It is for him to decide but as I see it, there case isn't strong enough thus there is no reason to set judgement aside. The court office should be able to advise you of your options.

 

But at the end of the day, it is up to the judge... he may simply reject the respondent's application.

 

 

Thankyou,

Do i just send a letter to the main court address?

 

Thanks

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