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    • Hi   I assume this is a Gas Boiler and is so the first thing I would do is ask Your Repair for the Gas Safety Register Number of the 2 individuals they sent to your property to carry out that repair as they should be Gas Safety Registered.   Once you get that then check those numbers on the Gas Safety Register:   Find or check a Gas Safe registered business - Find or check a Gas Safe registered engineer in your area who can fit, fix and service your gas appliances. WWW.GASSAFEREGISTER.CO.UK Find or check a Gas Safe registered engineer in your area who can fit, fix and service your gas appliances.   What I would also do is send Your Repair a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase cover whatever format they hold your data in whether it be phone calls, emails, written etc. They then have 30 Calendar Days to respond and that time limit only starts once they acknowledge receipt of your SAR request
    • Hi . I also been motability customer for many years but this is my 1st diesel .  And I have to say motability staff are the cream of the cream  best of the best  100% amazing staff  but this time in particular when I said what happend  just like I said     The reply was  they must been a mistake I'll send them an email to remind them   Then I said I want to make a complaint about them as they was rude  dismissive and I dont really want to go back to them .  Then she said  this is a complaint  I'm doing it now and I'll send them an email to remind them  And I had nothing  off them since .  Also I left it on there feedback on there Webb site review.  (the dealer )  Which they replied in a bog standard click and paste reply  saying they  contact me and deal with  they never did  even left follow up feeback to the review.    I was shocked by the lack of response from motability  of the potential fraud  that could be going.on ..  As far as I'm concerned it is fraud  they know it's free to motability customers  but still try and charge  even argue with customers in middle of the show room  and that was there manager   david /dav .  
    • Hi   I myself am a Motability Customer and have been for some years with numerous cars.   What I will say is you won't have been palmed off by Motability as your complaint will be noted on their system with that specific dealership and they will have asked that dealership to respond to your complaint.   With Motability it will take more than one complaint against that specific dealership unless very serious for them to take corrective action on that specific dealership.   When you contacted Motability did you make it clear that you were complaining about that dealership and the adblue charge?   What exactly did Motability state to you after they had carried out their investigation? (Motability would have contacted that dealership for a response)   Did Motability offer to change you to another local dealership for servicing of your car? (they can do this if you are unhappy with that specific dealership)   I note you state your sister husband who is disabled took his car and was charged £30 for adblue for their car but could you clarify:   a) Was this at the same Dealership you went to?   b) Was this car a Motability Scheme Car?  
    • Thanks for the reply DX100uk   The lady said hard copy asap. I recall a previous letter with guidelines stating 14 days. i'll certainly submit an email version also as courtesy.   If its 7 or 2 days, then fantastic   but i also found this 'Accordingly, in the absence of a specific direction, witness evidence should be filed with the court at least 14 days before the final hearing date. statements. As per CPR 32.4(2), the court will order a party to serve witness statements on the other parties.'   https://www.lexisnexis.co.uk/legal/guidance/in-relation-to-witness-evidence-under-the-civil-procedure-rules-what-are-the-time-limits-for-filing-a   i have however found this: 1 Oct 2020 — 17.1 The witness statement should be headed with the title of the ... that the claimant must file the trial bundle not more than 7 days and ...   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32#witness   but i cannot find that tect in the actual web page, i have found though: AGREED BUNDLES FOR HEARINGS 27.4 Rule 39.5 provides that the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.   so slightly confusing  
    • Nobby_v   Just to clarify for you yes you can post that link you have provide in your post.   Here is the full link: (Remember to got to 5.2.3. Tyres)   5. Axles, wheels, tyres and suspension - MOT inspection manual: cars and passenger vehicles - Guidance - GOV.UK WWW.GOV.UK Inspection processes and rules for car, private bus and light commercial vehicle (class 3, 4, 5 and 7 vehicle) MOT tests.    
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Months salary paid after leaving my job


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Hi Please help,

 

I worked for a company for 4 years. We parted company as they wanted to downgrade my position without any reason or reviews taken place.

 

After i left, in February 2015; I then received my regular salary on following month March. They are now (May) demanding I pay back all the sum within 5 days or face court action.

 

I have been home all this time and not found a job, nor on benefit. I have used the money to pay for my living.

 

I don't dispute the over-payment...

 

What options do I have? Id like to pay back when I get a job on a monthly basis, I don't want a CCJ. please advise.

 

Thanks.

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As this was their mistake, then I think they should be a little flexible. I am not sure how you would go about putting your suggestion forward though. Especially if you have no idea when you will likely be in paid work again.

 

I can see them countering any argument though in that you should possibly have been aware that the payment was made in error :(

 

 

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Please read up about estoppel.

 

If you did not realise that there was an overpayment then you will be able to reply on an estoppel.

If you did realise then the best you can do is to negotiate installments with them

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Thread moved to the appropriate forum.

 

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Andy

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Estoppel is a very specific and rarely successful defence.

 

If you were paid in full for a month when you hadn't worked, you could not not have known that it was a payment made in error.

 

As others have said, try and agree a repayment plan with them.

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Agreed - there is a high hurdle to overcome in using estoppel as a defence. It is certainly a possibility, but if put before a court you would need to show that you genuinely believed entitlement to the money - for example having queried the payment, being led to believe that it was not an error and then having 'changed position' ie spent the money in good faith.

 

Agree affordable terms for repayment - they can't get blood out of a stone, so providing that your offer represents no less than you can afford after all priority outgoings are met, any court action would simply be a waste of their time and money.

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Thank you all for your advise and support; Yes, I will get in touch with them and discuss a payment plan. My concern is about them asking for full payment within 5 days, well 3 days now since the letter. Im sure that was a standard threat, they must be reasonable too an understand that I can't afford to pay the amount which is nearly £2k in one go....

 

Appreciate everyones input.

Thanks

P

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Ignore their timelines. They still have to follow procedure. And even if it does go to court they will have to take into account your financial circumstances

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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  • 2 weeks later...

Hi all,

 

Finally have an agreement with company to pay monthly from this month end taking up-to 9 months. They have a clause which states that they will review my position every month in order to settle earlier if my financial situation improves. I.E get a job.

 

Again thx all, for your contribution, Im going to stick with the plan in place.

 

Regards

P

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