Jump to content


  • Tweets

  • Posts

    • They will be at my friends house, I put all her paperwork in a file for her to keep safe.  They were sent direct to her in January 2023, just after the case was struck out looking at my past posts.  Guess the website went down last night? 
    • Good afternoon Stu. Many thanks for taking a look at my defence pdf and giving it the ok.   On the claim form Question 3 they ticked yes   'are you the claimant asking for an order that the defendant pay the cost of the claim?' . So it looks i can only hope the judge sympathises with my appalling treatment by the landlord and their agent.   As i previously said i was so desperate to find a place due to my previous eviction 7 months ago, i took something that i was not entirely happy with. If you look at the pics on my attached pdf, you can see masses of weeds at the front, side and rear garden, the back grass needs professional equipment to cut it, countless dead insects on many places including the kitchen window, same with the disgusting cobwebs. Regarding the garden The girl told me she would talk to the landlord but nothing was ever done, i have not touched the garden and its still in the same mess except there is lots of dead grass. I thought all agencies would get a cleaner in before a new tenant moves in but it seems the landlord was too tight to get this done. I was left with no option but me and my daughter to clean this up. Stu do you think its worth making the judge aware aware of the mess i faced when i moved into this house? pics of poor condition.pdf
    • This already does count against you on black box policies so I can't imagine it being any different if Tesla really was reporting to insurers.
    • please create you own topic by hitting create or + in the top red banner dx  
    • Hi Lookinforinfo Thank you for your words of encouragement re the mortgage. But sadly we have no pension to fall back on, we have always been self employed and never in the position to put extra money away into pension. But we are dealing with that. We are not in arrears but trapped by a dormant lender! Anyway yes there were 2 seperate NTK, date of infringement on one was 23/4/21 for my parents and the other was 28/4/21 to my husbandm (this is the one that was discontiunued). They were both issued on 26/5/21, well after the 14 days. Please see my parents NTK questionnaire below, I have uploaded this and pictures previously on this post. But if you look at the detail, this is why I say they are more or less identical in every way. Apart from I think my parents were in there for a minute less than my husbands car.  They entered at 16.58 and exited and 17.15. I am waiting to see my parents this evening to get the court notice to allocation for her one in August 2024. Ill upload that as soon as I can Many thanks   1 Date of the infringement 23/4/21 2 Date on the NTK 26/5/2021  3 Date received 1/6/2021 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO - I cant see it anywhere 5 Is there any photographic evidence of the event? yes  2 x pictures, 1 entering and 1 exiting  6 Have you appealed? [Y/N?] post up your appeal] no 7 Who is the parking company? Parking Eye 8. Where exactly [carpark name and town] Kenwood House, Tunbridge Wells For either option, does it say which appeals body they operate under. BPA
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Cash Gift Wanted Back - Potential Court Case scotland - Help


Fergie000
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3003 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello All,

 

 

I'm looking for some advice, if possible

 

 

In 2012 my wife and I were given a gift of £5000 by a friend who owned his own successful business after he found out we were in some financial difficulty.

 

 

We refused the gift which he paid straight into our account, but he was adamant that it would be taken out on his company account and it would be written off. We didn't know if this was true or not but the money was gift with no strings attached.

 

 

A few days later he called us to say he needed the money back as his accountant advised him that he was incorrect and the company could not write it off.

 

 

We couldn't pay him back as the money was used to pay a credit card off. Being nice people that we are and seeing that he was in some distress about the situation (along with us now being in a position of having to pay back £5000 immediately) we approached our parents for the money and explained why, but they couldn't help - in their view it was gift which he decided to give us and got it wrong with his company accounts - why should they be put in a position of paying £5K. We told the friend we would get a loan or credit card to get it back to him but he told us to forget about it, it was his mistake and he would sort it out.

 

 

2 years later he contacted us wanting the money back. Again being nice people we said we would try to pay it back to help him, but it was not financially viable for us at that time and would need to look at the possibility of a monthly payment later in the year.

 

 

That time has come and gone now, our circumstances haven't changed - we cant afford to help get the money back to him and he has taken legal advice - the solicitor told him to mediate the situation with two options 1. a monthly payment of £100 or 2. a one off payment of £4000 (£1000 less than the gift amount - which seems strange to me).

 

 

It was personal letter from him, not from the solicitor.

 

 

He has texts from my wife discussing how we could try and help get him the money back ie we would see how our circumstance were early next year and pay £100 a month - this was our good nature trying to help him resolve his mistake with his accounts. But he is taking it out of context and saying it was a loan which we agreed to which he is saying he can prove by using the text from my wife.

 

 

He has no texts from us or contract in place with us saying it is a loan and will be paid back monthly etc etc.

 

 

He is using the texts against us now, they were written in good faith to try and help him out when we could and we're fearful of our what position is now and what may happen if its goes further.

 

 

Can anyone shed some light on what our best course of action is. His personal letter demands a reply by the end of the month, choosing and payment option or confirming we will not pay, at which point he will take it further.

 

 

Thank you in advance for taking the time to read.

Link to post
Share on other sites

Was there anything in writing? It sounds like he gave you a gift, realised he made a massive mistake, left it YEARS, prob got into financial difficulties himself and is lying about a solicitor to get the money.

 

But if theres nothing in writing, plus hes left it years without contact, then its doubtful he will be able to claim it. ALthough he can issue a claim via MCOL, so make sure you have a solid defence if he does try.

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..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

no, nothing saying it was a loan or a gift.

 

 

He is taking my wife's message out of context to threaten a summary cause claim. The texts were an attempt by us to help him in his situation when our circumstances allowed - which he is trying to use to prove a contract between us - agreement to pay and start date etc. Totally avoiding admission of the gift and mistake he made with his accounts.

Link to post
Share on other sites

Thread moved to the appropriate forum.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

That's exactly what has happened, and I feel we are totally being taken advantage of - we're trying to help but cant because of our situation and sounds like his situation isn't much better and he's threatening to get the money back.

 

 

Im unaware of MCOL. Because nothing is in writing, I feel we have no defense and half a defense at the same time, if that makes sense. I have no upfront proof it was gift and he has no upfront proof it was a loan - only using our texts out context.

 

 

The only thing that is keeping me sane about this, is the sequence of events for example - if it was a loan, with an agreed repayment plan why would we go to our parents only days after the transfer happened and ask for a loan to pay him back.........

 

 

Thanks for your replies so far!!!

Link to post
Share on other sites

If this were a bank or a finance company and they issued a claimform, how would you respond?

You would acknowledge and defend all, then request all reliant documents such as an AGREEMENT via cpr 31:14.

You already know he has none.

He already knows that even if he wins you dont have the means to pay.

 

IMHO he is flogging a dead horse and has no prospect of success as the burden of proof is his.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

The 31.14 would sink him pretty much instantly. He wouldnt have a single shred of paperwork.

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..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Just thinking worse case......if it goes to court and he is awarded - we have no savings and our only asset that would cover the £5000 would be through the house - could I be forced to sell or have my home re-possessed for sale............

Link to post
Share on other sites

summary cause claim

 

 

so you are in Scotland?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...