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    • One thing you should probably realise is that this finance company is properly got a fairly long term business relationship with the dealership. To a certain extent they depend on each other so don't imagine that the finance company is going to be impartial.
    • My view is that you made a contract for an item which was not of satisfactory quality and it is clear from the evidence even of the finance company's own inspector that it was not of satisfactory quality when you bought it. In contract law, if an item is so unsatisfactory that you are effectively deprived of the entire benefit of the contract then the contract should be treated as void and you should recover all of your money and any ancillary expenses. It seems to me that you had no enjoyment at all from this caravan during your period of ownership. I think it's outrageous that the finance company are apparently say that because you've had it for a year before they eventually – and grudgingly – agreed that it should be returned, that you should effectively pay for a years usage. At the very worst, it should be said that you only had usage of it from the moment you took delivery to the date of your first complaint to the finance company. How long was that? However, on the basis that you had no benefit from the contract whatsoever, it seems to me that you should recover all of your money. Let me warn you that the FOS is unlikely to recommend this. However they are likely to recommend that you receive a portion of your money – and maybe it will be sufficient to satisfy you and you won't feel as if you want to try and get the rest. In the event that the FOS considers that you are not entitled to any further payment at all, then frankly I would recommend that you go to County Court and sue both the dealer and the finance company together to recover all of your money on the basis that I have described above – and I would say that your chances of success are much better than 85%. The action would be on the small claims track and that would mean that in the highly likely event that you won the case, you would recover all of your costs plus your money +8%. In the highly unlikely event that you lost the case then your losses will be limited simply to the claim fee and the allocation fee – which would probably be in the region of about £300. We would help you all the way. We would help you draft the documents and advise you step-by-step – although you would have to conduct the case yourself and it would probably be done by way of a telephone hearing. My personal view is that it wouldn't go as far as a hearing and that they would back down and pay you out. Personally I think it's a try on and they're taking advantage of the fact that they think that you don't know your way around and that you lack confidence
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    • DX100UK - How does this amended defence adapted from your posy of 19 Sept look? I could only see the date required for the CPR in item 3 to be incorporated:      1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • So after sending the email to CEO, the ticket has been successfully cancelled - result!   My original email:   Dear Mr. Christian Hartnagel,   Re: Parking Charge Notice No: 0 XXX XXX XXX Vehicle Registration: XXXX XXX Issue Date: 11/09/2020 Entered Car Park: 09/09/2020 @ XX:XX:XX Exited Car Park: 09/09/2020 @ XX:XX:XX Athena claim an Overstay of 56mins. Photo attached of the receipt valued to your company as sales of £24.77. I am writing as the registered keeper of a car in reference to Athena ANPR Ltd's Notice to Keeper (ref: X XXX XXX XXX).   The vehicle was parked in the car park of your Edmonton store on Thursday 9th September 2020, while the driver was doing their shopping inside said Lidl store. After they paid for their shopping, they unfortunately did not enter the vehicle registration details into the parking machine before leaving the store/car park. The registering of vehicles’ details has not been required for the last few months during the COVID-19 crisis, and so, this instance was unintentional. Had a member of staff mentioned that normal parking procedure had resumed, the driver would have inputted the vehicle information as was done prior to the COVID-19 changes.   As a result of this, Athena ANPR Ltd has issued a civil parking charge notice without any consideration of the situation.   The driver has been to your shop in Edmonton store to try and get the issue resolved but was advised to get in touch with Lidl Customer Services. So far getting a response from Customer Services other than an acknowledgement, has been rather difficult.   The driver is a valued and loyal customer and this is very unfair, and therefore I, as the registered keeper, kindly ask that you instruct Athena ANPR Ltd to cancel this parking charge notice.   Kind regards, Mr XXXXXXX   And I just got this reply:    Dear Mr. XXXXXX Our Ref: XXXXXX Re: Your Contact Thank you for taking the time to contact our CEO. I have been asked to reply on his behalf. I was sorry to learn that you received a parking charge. I appreciate this may have been frustrating for you. Lidl is a national retailer. As such, we have stores in locations with limited parking space and in common with many of our competitors, our store car parks are abused to a significant and detrimental extent. We have therefore judged it necessary to take measures so that our stores parking facilities are available first and foremost to our customers. In order to ensure that sufficient parking spaces are available at all times to our customers, Lidl employs third party contractors to monitor and control our car parks. So far, this service has proved reliable and effective in reducing car park abuse and in freeing up spaces for our customers. In light of your comments, on this occasion only, I have requested that the parking charge is cancelled. Athena will confirm the cancellation in writing in due course. Thank you again for contacting us. Yours sincerely, For and on behalf of Lidl Great Britain Limited Kayleigh Hogg Customer Service *** If this ever happens again, I will make sure to always go via CEO route and make sure receipts are kept. Thanks to everyone for your help with this 👍  ***
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GE Money underhanded repossession


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Hi ell enn

Sorry for sending this directly but not too sure how to start a thread

 

Let me start from the beginning back in Dec 2008 I was made redundant and missed payments to GE Money (unfortunately I have my mortgage through these people), they hounded me constantly with phone calls over the 4months I was out of work, however I always explained my position. I was offered a job within a few weeks but failed the medical due to high blood pressure so medication took 3 months to work. But I started in March.

They said that they would go to court for possession of my house this was standard procedure( this was in May after I started work) they also said if I paid an agreed amount then this would not happen.

I foolishly believed them and about 4 days before the court hearing I received the court papers, i Phoned again they said I did not have to attend as I had stuck to my agreement. (Foolish me).so I now have a suspended order on my house

 

I now have fallen behind again since this lovely government has stopped my children's tax credits all 500,00 pound a month, I now owe 2900.00

and they are threatening repossession again.

 

I had previously complained about their bank charges and they offered a refund which was short all the interest they charged and survey fees and such, and I have a ppi claim in process with the FOS which they denie is their doing. I refused the offer but they paid the amount into my account anyway so I requested and received a Dsar.

 

Reading through the dsar in the phone conversations it actually says that they told me it would not go to court!!. I also have a letter dated one month after the court case stating that they were going to apply for suspended order?(June 09)

 

After reading many of your posts I have sent them a statement of intended payments and the budget sheet, they are not accepting my offer and are going to proceed with the repossession.

 

Could you please help me with the n244 form do you think I should mention about the underhanded way they got the suspended order the first time round

As I have proof this happened, also the charges and ppi

 

Sorry for the war and piece

regards Umvubu

 

ps. i have not had a warrant yet just the threatening letter from GE

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Hi there, it's best to wait for the eviction notice as the fee for the N244 with them be £45 instead of £90. Do you have a copy of the letter you sent offering payment and have they refused your offer in writing?

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OK, in the meantime make copies of your letter offering payment + budget sheet and also a copy of the SAR information stating they told you it would not go to court - you will need to affix these to the N244. Once you have the eviction notice we can start on completion of the N244.

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Ok Ell enn

 

also noticed a letter from June stating that my monthly mortgage payments have increased as they have

added £2294.92 in fees to my account. for saying they reimbursed me my fees end of last year (without my permission as i deemed the figure inaccurate) i would like to know how much they charge!!

 

i have all copies you have mentioned, but i still worry.

these are very nasty people to deal with and i dont think they know what they

are doing which makes this all very confusing.

 

but thank you for your help and advice

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Hi all

I have received 2 letters today one from simply law stating they are applying for a warrant for possession, this law firm resides at the same address as GE Money.

 

A second letter from GE Money refusing my offer as we have not stuck to the agreed payments and they have tried 59 times to set up a payment scheme also that we did not clear the original amount agreed by the judge in 2009 (that will be the court case I was told would not go ahead)

 

I have missed slot of payments over the years but then again I have made a lot of extra payments over the years the amount of arrears hardly goes down with all the charges and interest added on.

They want me to phone them to discuss my options, yet they have refused my offer and have told me they will only accept full payment of 2900ish so what's to discuss

 

I am sure I paid enough payments to clear the balance in 2009 can they take my payments for charges and interest first?

 

Your help would be much appreciated

Do I reply to the solicitors?

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Hi, I'm busy today with family etc but can catch up with you tomorrow. In the meantime have a read of my guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession where you can download the N244 form and budget sheet (second post of the thread) and also see examples of how to fill in the form and write a statement to go with Q10.

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hi all

 

do i mention on the N244, that the last time i was taken to court i was told there was no need to attend by

Ge money? as i had an arrangement with them.

my payments have not been regular and i am behind by about 2650.00 also i have evidence

they have been putting charges directly onto my mortgage increasing the total every month i believe this

is not allowed.

i lost my childrens tax credit last year and phoned and asked for a mortgage holiday or interest only payments

and they refused on both evidence on that too.

 

do i use all this as i do not want to bombard the judge?

 

thanks

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What are you saying to convince the judge that you can now afford the normal monthy payment plus an amount towards the arrears?

 

You say they have added the charges to your mortgage? do you mean the monthly payment or the total outstanding mortgage ?

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hi again

i was thinking of explaining that the sudden loss of our children's tax credits (6K per year) has hit us hard and that

i did phone GE to ask for a break or interest only, they said no.

fortunately my daughter has started full time work and can pay £100 per week to contribute.

i did send a budget sheet to GE offering extra £150 ontop of normal payments and i have paid an extra £250 this month

but they have refused.

 

could you please advise how i should word this on the N244 form.

many thanks

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Hi, did you read the information in the link I gave you in a previous post - it shows how to set out a statement to go with Q.10 of the N244 http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession#

 

I am at work at the moment but will try and look back in later.

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Yes I did read it very helpful

I have submitted the form today explaining that I can make contractual mortgage payments

Plus additional payments, I have included the letter of offer and budget sheet along with Ge

Refusal letter.

Have also explained that loss of tax credits is the reason for falling behind

And finally that my daughter is now in full time employment and is contributing towards her keep.

 

Helpfully the judge will side with me but must admit a bit concerned at the moment

If things seem to be going wrong during the hearing can I ask for time to sell my house

Instead of being evicted?

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How much did you pay for the application ?

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Received a letter from GE today saying to make sure I leave a forwarding address for when

They sell my house and to make sure all my furniture is removed.

And if pay a large lump sum and arrange additional payments they may still consider

Calling off the bailiffs.

But I'm guessing they are lying again so that I do not proceed with the n244 hearing

What do you all think

Not got the hearing date yet any idea how long it should take?

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Did they not give you a hearing date when you took the N244 to the court ?

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Did you quote the Norgan case law in your N244 statement ?

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Yes, on page 11 of the guide I gave you the link to there is an explanation of the Norgan case law http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession and on page 16 is an example of how to set out the statement to go with the N244 - did you read the guide before completing the N244?

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Hi Ell-Enn

after reading through your guide i have covered all the areas except referring to the Norgen case

 

i mentioned that i had made an offer of repayment for arrears (letter and budget sheet attached along with GE refusal to my offer)

an explanation of how we fell behind (childrens tax stopped) should i take evidence of this?

told how we have 4 children in our house 2 on the partially sighted register

and finally said how we we told told there was no need to attend the original hearing in 2009 as i was back in work

and that they were not going to proceed with it (phone conversation evidence attached)

 

i will take a copy of the Norgen reference with me next week

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