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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Bought a car but so many faults


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hi we purchased a car in feb, from a dealer it is in leasing but clearly stated in contract that if any problems they are not responsible.

 

After we got it home we decided to get it checked probably as we had traveled a long distance in snow! to get it and nearly ended up on that big long weekend on the M6 with the snow.

 

It had 4 bold tyres, an exhaust on its last legs and oil tank was leaking, i rang and was sent to my local garage and they paid the garage to fix the problem.

 

Today after ringing them on several occasions about other problems, we have had enough and want them to fix it or to change the car, it has electrical faults, doors do not lock, alarm dose not work and the seatbelts do not work (do not lock in to base)

 

This is really a pain as we have 4 children, 2 of which have disabilities (long story short 1 had his file lost by his consultant and other little one has a very long list of problems have been told to apply for DLA but the form to long and complicated to sort through and we have survived for so long with out so wont) I have explained to them it a hazard and death trap to kids really worried as to what our rights out if any please.

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Did yo not spot the fact it had 4 bald tyres when you bought it?

 

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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it was really badly snowing so didn't notice, they paid for flexi pipe and oil tank but not tyres! and now saying they will pay for repairs if we put towards! not happy as it a death trap, they part of the RMI as well and all they say is well we more or less there to help the dealer with issues! im paying £40 a week for a car we shouldn't be using.

 

I will contact trading standards tomorrow thank you

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You say 'bald', but were they illegal? that is the question that needs answering.

 

If the seatbelts are not working the car should not be on the road, it is a MoT requirement that 'all' seat belts are working. The car is classed as Not Roadworthy.

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Yes, bold just below the points, and I know it should not be on road, my partner only using it for work army moment till it goes to garage on Wednesday as it would take him 5 hours on public transport to get to work and wait around for public transport to open when he finishes.

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The car you bought is unroadworthy. The seller has committed an offence. Here is some more info- http://www.adviceguide.org.uk/scotland/consumer_s/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/the_car_you_bought_is_not_roadworthy.htm

 

His contract is unenforceable.

You must stop driving the car.

You must inform Trading Standards - but don't get your hopes up that they will do much for you.

I am sure you are short of money etc - but if you want to come out of this well - then you need to take some serious action wil inconvenience you in the short term.

 

Take photos of everything.

Make a full list of everything that is wrong with the car.

 

 

I am sure that you will get no help form the dealer without forcing him. If the value of the repairs is less than the value of the car then you might consider doing the repairs and suing him for the cost of them

 

If the work is too expesnive for you or if it is not worthwhile take the car back to the dealer and ask for your money back - but even if he doesn't give it to you, leave the car there - having taken pictures of it in situ. - unless you have somewhere where you can store the car yourself.

 

Send the dealer a letter outlining all of the faults and telling him that you want your money back or you will sue him.

Give him only 5 days and then sue him in the county court.

Your chances of success are better than 95%. However, you may have difficulty enforcing the judgment because a dealer like that may have hidden his assets.

Does he operate from a commercial premises and does he have stock?

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  • 2 weeks later...

Ok contacted them via email stating problems and that I was getting a quote.

 

They rang and said you are in arrears and won't pay! We not in arrears I got bank statnents to prove this.

We have had to go and claim DLA for one of our children who has mobility problems we just want it gone now do we have rights to return it?

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What arrears are they referring to? If it's on finance, that has nothing to do with them.

 

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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It in house finance, but it upto date got proof on statement. Had enough of there attitude towards us, it can't be driven because it would be an offence to.

 

How go we go about taking it back and getting all our money back :'(

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Have you got the quotes yet?

 

Have you complained to your local TS?

 

Submit the quote with your Letter before Action (LBA) sent recorded delivery to the garage informing them that they have 7 days in which to respond with their offer of rectifying the situation, to your agreement and satisfaction, or you will escalate this to the small claims court.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes it more then cars worth!

 

I shall do letter as well thank you, they emailed and said it is your choice to drive the car with these faults even though it against law!

 

We have had to hire a car for my partner to get to work!

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Yes it more then cars worth!

 

I shall do letter as well thank you, they emailed and said it is your choice to drive the car with these faults even though it against law!

 

We have had to hire a car for my partner to get to work!

 

Those would be 'consequential losses' which are recoverable as part of any claim you make.

 

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...

Ok no response from them, claimed not recieved invoice just want car gone and money back.

 

Even though they claim no invoice can we return and purse through courts for money back with mechanic as witness to problems

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Ok no response from them, claimed not recieved invoice just want car gone and money back.

 

Even though they claim no invoice can we return and purse through courts for money back with mechanic as witness to problems

 

Do you have proof of posting ??

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yes it was sent by email and fax, he responded to the fax as i was on the phone when he said "oh yeah i have it here in front of me".

 

I emailed yesterday to find out what going on, he asked for the total and said they will pay £100 towards to the £350.

 

We are losing money paying them now, as we pay £40.27 a week for the car and it now needs brakes which im not up for paying for, my partner and I wish to return the vehicle and recover the deposit of £700 and all our weekly payments totaling £523.51.

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They just put me through to CAB who say as it on leasing and that I should pay for some of the faults when I ask to complain to trading standards they say ask what my complaint is!!!

I do not have a direct number for trading standards?

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They just put me through to CAB who say as it on leasing and that I should pay for some of the faults when I ask to complain to trading standards they say ask what my complaint is!!!

I do not have a direct number for trading standards?

 

You have to go through CAB to get to TS these days.

 

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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It a lease agreement but we own the car at end cz we can't get finance.

 

On title of firm it says leasing agreement, hire agreement regulated by credit consumer act 1974.

 

I don't know if I could say name of firm on here?

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