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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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Default from Lowell after moving from o2

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Hi guys,

 

Going to try keep this short.

 

 

in November 2014 I started looking at upgrading my phone as it was playing up.

O2 couldn't offer me a suitable deal.

So I moved to 3 in December 2015.

 

When I got my PAC code and told o2 that I was moving

they said any remaining monies would be taken from my account.

That's what happened with my broadband account as I moved them both at the same time.

 

Fast forward a year later I get a call from Lowell saying am I aware of a debt that's owed to o2.

I told them not because I moved over a year ago and have had not contact from o2 since, only emails entitled,

"Your monthly bill" and when I open them it simply states there's nothing to pay this month.

 

Lowell got back to me saying that they contacted o2 and the debt was still outstanding.

I then contacted o2 my self to make sure it wasn't a [problem] or anything

and was shocked when they told me I still owed. I instantly paid the £154.

 

As I'm sorting out a mortgage I decided to check my credit file

and to my amazement there's a default on there from Lowell but no mention of o2.

 

Ive had email contact with o2 referrals team but they are hopeless.

They gave me a number to ring to get a refund and said I must pay Lowell directly.

I have phoned them yet, I wanted to ask her first for advice.

 

I'd be wary of o2. I've been there for 10 years, if there was money owed, they could've wrote, emailed or phoned.

 

What to do now??

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firstly STOP PHONING A FLEECING DCA!!

 

never ever phone them

they'll fleece you blind

second

Lowell cannot enter defaults on your file

it would have been o2 that did this

before they sold the debt to lowells.

 

when that happens

their name replaces that of the original company

hence the default and their name.

 

have you got proof that o2 stated there was nothing more to pay

all that time ago?

 

 

paying this debt WILL NOT

remove the default.

so get your moneyback

and give us some answers.

 

 

 

dx


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Thank you for respodong dx100uk.

 

I have a few of those emails that's within the same time as when o2 would've sold the debt.

 

So you recommend getting a refund from o2? What do i do next?

 

O2 credit file referals team, specifically a person named Irfan. basically said "bug off and stop emailing us" - they aren't will to hear what my side.

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Write to o2, demand to know whats going on and why an accoutn with no outstanding monies was sold to a DCA. Email it to the CEO. Not the CS department.


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

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Just spoke back to o2 who says they can't refund the money owed? And that I did pay it?? Feels like I'm going round in circles here

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Hi. Please don't ring them unless you are recording the call. Many customer services staff do not fully understand the complexities when something goes wrong.

 

While this will take longer, I feel you should be writing to them ensuring you head the letter Formal Complaint. O2 are then restricted to 8 weeks to resolve this to your satisfaction before you can escalate the case to the Telecoms Ombudsman. (or even earlier if they reject your complaint before that time)

 

Have they said how this debt became due?

Did you use the PAC code? (If not then the account would have continued)

Did you cancel the direct debit immediately upon leaving O2? (If yes then it is likely there were some call charges not collected)

 

Why did they not inform you of the debt? Have they told you?

 

As your bills stated nothing to owe then something has gone wrong. I suggest sending O2 a SAR to get all of the account info when you may be able to see what has gone wrong.

 

As for the default, with telecoms companies, they do this regularly (just look at Vodafone) O2 would have placed the original default and when Lowell bought this debt, they would have replaced the name O2 with their own which is why yours shows this. I would challenge this with O2 and the Ombudsman if it gets that far.

 

For ease, this is their details

 

Telefónica UK Limited

 

Complaints

260 Bath Road,

Slough,

Berkshire,

SL1 4DX,

United Kingdom.

 

I would send this by signed for delivery to ensure they receive it and also cannot deny they have received it.


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O2 claim to have sent me emails and letters, non of which i received. Ive just checked my credit file and the entry seems to have disappeared?? How likely is it that they've removed it?

 

I did get onto lowell direct and tbh, the lady that responded for the CEO was very helpful.

 

Ive also checked last months credit file and its on there, but its not on the most recent. How likely is it that it appears back on there?

 

Thank you silverfox. I will get onto that - but i will hold out and see if this credit mark comes back.

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Just to add, ive check my file for 26th april 2016 and the mark was on there, it appears it was removed yesterday/today?

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