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    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
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Is This Fraudulent?


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Scenario:

Ex wife left house in July this year.

I remained in marital property (in joint names although I have always paid the mortgage and all bills).

 

 

Divorced in November 15. She had already changed her name back to her pre-married name prior to moving out.

She didn't turn up for Financial Order hearing at court - this has been adjourned until March16.

 

 

I received post addressed to her former married name and as it was from a phone Company I was suspicious and opened it.

 

 

2 letters - one a Bank DD mandate confirmation and the second a Phone Bill for a new phone and two year calling plan

- all made out in her ex name and at an address she doesn't live at.

 

 

Whilst she still may have a legal claim against the house

- I believe this to be fraudulent activity -

 

 

any advice/comments would be welcome before I throw more money at my costly Solicitor.

 

NB. Phone has not been delivered to this address

- so she obviously sorted that one out with them or collected it.

 

 

Also - shes no longer on electoral roll at this address so don't understand how shes managed to do it?

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I would write back to the mobile company and state "not at this address" and include her new address if you have it. I would also be sending it to CEO's office and adding in a complaint about how she could obtain credit when not on the electoral roll at your address.

Keep a record of the account numbers and mobile number in case you need to get back in touch with them.

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Thread moved to the appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

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I think at the very least you need to write to her and advise her not to continue taking out credit - contracts, using an address that she no longer lives at, especially if it results in problems for you if you are going to remain in the property.

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The DD confirmation isn't fishy. She probably just forgot to tell the bank her new address.

 

The letter regarding a new phone is strange. She may have given the old property as her billing address to get the transaction through, if her debit/credit card is registered to your address.

 

As long as the letters are in her name, so she isn't trying to use your name to get credit, personally I would not worry about it.

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Scenario:

Ex wife left house in July this year.

I remained in marital property (in joint names although I have always paid the mortgage and all bills).

 

 

Divorced in November 15. She had already changed her name back to her pre-married name prior to moving out.

She didn't turn up for Financial Order hearing at court - this has been adjourned until March16.

 

 

I received post addressed to her former married name and as it was from a phone Company I was suspicious and opened it.

 

 

2 letters - one a Bank DD mandate confirmation and the second a Phone Bill for a new phone and two year calling plan

- all made out in her ex name and at an address she doesn't live at.

 

 

Whilst she still may have a legal claim against the house

- I believe this to be fraudulent activity -

 

 

any advice/comments would be welcome before I throw more money at my costly Solicitor.

 

NB. Phone has not been delivered to this address

- so she obviously sorted that one out with them or collected it.

 

 

Also - shes no longer on electoral roll at this address so don't understand how shes managed to do it?

 

What business is it of yours how she obtained it or if it's fraudulent?

 

What would you need to instruct solicitors for?

 

I can imagine it's annoying having a letter come to your house but return to sender marked no longer at this address.

 

The only issue I can see is if she defaults on payments and the phone company get a CCJ and try to enforce you could be inconvenienced having to deal with Enforcement Officers.

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What business is it of yours how she obtained it or if it's fraudulent?

 

What would you need to instruct solicitors for?

 

I can imagine it's annoying having a letter come to your house but return to sender marked no longer at this address.

 

The only issue I can see is if she defaults on payments and the phone company get a CCJ and try to enforce you could be inconvenienced having to deal with Enforcement Officers.

It's every business of mine. Using my name and my address to dishonestly obtain credit and a phone. If it's fraudulent then it's illegal. Simple. Then the law can deal with it the way it sees. But thanks anyway for your comments.

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The DD confirmation isn't fishy. She probably just forgot to tell the bank her new address.

 

The letter regarding a new phone is strange. She may have given the old property as her billing address to get the transaction through, if her debit/credit card is registered to your address.

 

As long as the letters are in her name, so she isn't trying to use your name to get credit, personally I would not worry about it.

Thanks for the response.

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What business is it of yours how she obtained it or if it's fraudulent?

 

I am stunned by this comment.

 

Maybe ganymede could explain how its NOT any of the OP's business given that credit has been granted to somebody not living at that address, ex wife or otherwise.

 

Having gone through exactly the same scenario myself with my ex wife thinking its acceptable to obtain credit whilst no longer living at the marital address and the subsequent 5 years of dealing with the bailliffs and the aftermath of DCA's. let me assure you in no uncertain terms that it is absolutely not a mere inconvenience.

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Would it not be prudent to nip this in the bud before it got to this stage Gany ?

 

" The only issue I can see is if she defaults on payments and the phone company get a CCJ and try to enforce you could be inconvenienced having to deal with Enforcement Officers."

 

Regards

 

Andy

We could do with some help from you.

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Would it not be prudent to nip this in the bud before it got to this stage Gany ?

 

" The only issue I can see is if she defaults on payments and the phone company get a CCJ and try to enforce you could be inconvenienced having to deal with Enforcement Officers."

 

Regards

 

Andy

 

That's why I told him to return to sender.

 

We don't all have to agree all the time. :)

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That's why I told him to return to sender.

 

We don't all have to agree all the time. :)

 

Not exactly going to resolve it though is it?...we could all send back post " No longer at this address " :-D

We could do with some help from you.

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Not exactly going to resolve it though is it?...we could all send back post " No longer at this address " :-D

 

The OP could write a cover letter explaining but the problem is if he calls the phone company they are likely going to refuse to speak to him as he isn't the account holder and they will use DPA as an excuse.

 

He could go to the Police, but I doubt they'd be too interested as the ex-wife passed a credit check etc and is still registered on the deeds of the address in question as far as I understand.

 

Best thing to do is to speak to his ex-wife, however I see absolutely no reason for the OP to pay for a solicitor to deal with this.

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The OP could write a cover letter explaining but the problem is if he calls the phone company they are likely going to refuse to speak to him as he isn't the account holder and they will use DPA as an excuse.

 

He could go to the Police, but I doubt they'd be too interested as the ex-wife passed a credit check etc and is still registered on the deeds of the address in question as far as I understand.

 

Best thing to do is to speak to his ex-wife, however I see absolutely no reason for the OP to pay for a solicitor to deal with this.

 

For the record. The split wasn't at all amicable. So there's no dialogue. And this just isn't on. Deeds is one thing. Fraudulent application is another. I was hoping for something a little more structured if somebody had a legal opinion. Maybe I should never have opened the mail. But I smelled a rat!! And it was proven.

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Something we also need to consider is the opening of mail that was intended for someone else.

 

It is against the law to open, destroy, hide or delay any post that is addressed to someone else. This is set out in the Postal Services Act.

 

Citizens Advice link: https://www.citizensadvice.org.uk/consumer/post/post/problems-with-post/problems-with-post-delivery/your-post-is-being-opened-or-tampered-with/

 

Postal Services Act 2000 link: http://www.legislation.gov.uk/ukpga/2000/26/contents

 

Crown Prosecution Service link: http://www.cps.gov.uk/legal/a_to_c/communications_offences/

(Go down page and click on "Interference with Mail")

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Write to the phone company informing then that she doesnt live there and didnt when the account was opened, if you have a forwarding address for her, advise them accordingly.

 

I doubt you will get anywhere going down the fraud route

.

There is little more you can do from a legal point of view while she remains on the deeds, so unless you can buy her out, you are in the same boat i was in.

 

Also be aware that even tho she is not living there, as long as she remains a co owner she can come back and move in anytime she chooses.

 

I know u dont want to hear that but she can if she wanted to.

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For the record. The split wasn't at all amicable. So there's no dialogue. And this just isn't on. Deeds is one thing. Fraudulent application is another. I was hoping for something a little more structured if somebody had a legal opinion. Maybe I should never have opened the mail. But I smelled a rat!! And it was proven.

 

What kind of legal opinion were you after?

 

One that agrees with you? Bear in mind we only have your side of the story...

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I second the opinion of others suggesting to contact the phone company and give them her new address (and name).

If they refuse to deal with you, you could write to the CEO and inform them in writing.

At least if she defaults you would have something to show the dca or bailiffs

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