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    • I accept the point you have made in paragraph 2 and I am aware of the risks I will incur at any hearing. However the opposite side of the same argument is that Lloyds will have to claim they have no liability whatsovever as the card services provider in a scenario where clearly there was a breakdown of payment services between themselves and the merchant.   The Court may decide against me for not exhausting all options or it may accept that myself and this particular merchant are in dispute and there was no reasonable prospect to recover the money. Regardless of those options (which is exactly what I consider them to be options - not obligations), I am of the opinion Lloyds Bank is still liable as a card services provider and if I am successful it will have wide reaching implications on their policy of attempting to fob their customers off whenever they induce preventable mistakes and refuse to correct them.   To put it another way, if you have a dispute with an energy company you can use the Ombudsman Service, or you can forgo it and proceed to court. I have forgone my option of a section 75 claim and wish to hold Lloyds liable. I believe I am only afforded the option of a section 75 claim as a result of the Consumer Credit Act - although this could be an error on my part. And that banks prefer their customers to pursue merchants in full knowledge they are equally liable. After a lengthy discussion with HSBC regarding the same issue they attempted to fob me off with a similar excuse that I am subject the conditions of Master Card or Visa or whichever company it may be. They attempted to do this by simply referring me to a webpage that does not form any contractual agreement or present itself as terms and conditons to be accepted by me. I totally disagree with the positions of both banks, if I have entered into agreement and hold an account with Lloyds, I believe all my dealings are be conducted with them and whatever agreements they have with another payment service they intertwine with is a matter for them. My credit card agreement is with Lloyds not Master Card.   Both myself and Lloyds will be risking something if this proceeds to Court. I have accepted that and there are few causes worth pursuing that do not carry inherant risk.
    • Hi, thanks for replying. Your help would be really appreciated. The arrears are 4 months worth of payments. I haven’t received the defence form as yet.
    • So the dealers aren't interested It doesn't matter, as you already understand the liability rests fully with the finance company and frankly I think that you are probably waited long enough because nobody seems to be committing themselves to sorting the problem out. There are a couple of technical problems that you need to understand. A quick of English law is that you must actually have suffered a financial loss in order to bring action. Although clearly the damage the engine represents a substantial amount of money – it isn't actually money. Normally speaking if you're suing for breach of contract you would have to demonstrate a pecuniary loss and that means that you would actually have had to spend the £8000 to repair the vehicle and then claim it back. I think that the county courts are sufficiently modern-minded that they may run with it anyway but I would be surprised if your hire purchase company objected in the first place to bring an action for the value of work which had been carried out. The second thing though is that if you are not actually out-of-pocket then you won't be able to claim interest. The County Court rate of interest at the moment is extremely high comparatively speaking – it is 8% simple. You won't get that rate of interest anywhere else. If you simply sue for the value of the repair without having spent the money, then assuming that nobody raises some technical legal objection, then all you will be able to recover is the £8000 for the repair and no interest. If you spend out the £8000 now and have the car repaired then you will be to recover that money +8% until the money is repaid to you. Of course the hire purchase company won't actually want to go to court about this and eventually they will pay. However they will simply try to pay you your net sum – but if you have actually started proceedings then my advice would be that you should stand your ground and tell them you want every last penny including the interest – as well as your court fees. There may be other losses which you are incurring why this car is off the road. Presumably you are paying insurance. Presumably also you are paying road tax. You have an alternative vehicle so you aren't really in a position to claim for alternative transport but on the other hand if the loss of this vehicle is costing you anything else then we need to know about it. You certainly need to calculate a daily rate for the insurance which is basically money thrown away and also a daily rate for the road tax which is also money thrown away. If there are storage fees then they should be recoverable as well. My recommendation to you is that you get the work done after having given proper notice to the hire purchase company that this is what you going to do and that you are then going to see them to recover the money. Let us know what you think about this. Have you asserted your right to reject?  
    • OK,   well I think you should definitely enter a defence - I can help you with that - there is absolutely no reason for them to ask for a suspended possession order when you have made all payments under the arrangement.  How many months mortgage payments does the arrears figure represent ?
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Insurance and Reg keeper question


tony3x
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My sister ws looking to buy a car. Its a Cat D that has been repaired. She is ok with that as her current car is the same and shes had it for 10 years without a problem.

 

Short story - see a car, had test drive, all good. Paid deposit. On the day she was due to collect was contacted to say that the car had been hit by another vehicle in a hit and run and was sent photos of the damage. Owner said that it would cost around £100 to repair but he would knock £150 off the price. Sister says now not interested and asked for refund of deposit. I passed the photos around some friends in the trade to get an idea of the cost of repair and got quotes from £350 (smart repair) to £1300 (main dealer). Owners son phoned to say we had agreed deal and he would get it repaired and then all ok. Sister says no, wants deposit back as the new damage, even though repaired, is not the car she wanted to but. Owner now playing up about returning the deposit.

 

My question is this - the current owner bought the car and had it repaired from from the original Cat D accident. He has owned it since January, it is taxed, MOT'd and insured But - the V5 still shows the original owners details meaning he has never changed the registered keepers details.

 

Just need a bit of ammunition to try to get the deposit back with the least amount of fuss so assuming insurance companies ask if you are the registered keeper, how much more information would they need if you were to say no. I am guessing that the owner has said that he is the registered keeper.

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My sister ws looking to buy a car. Its a Cat D that has been repaired. She is ok with that as her current car is the same and shes had it for 10 years without a problem.

 

Short story - see a car, had test drive, all good. Paid deposit. On the day she was due to collect was contacted to say that the car had been hit by another vehicle in a hit and run and was sent photos of the damage. Owner said that it would cost around £100 to repair but he would knock £150 off the price. Sister says now not interested and asked for refund of deposit. I passed the photos around some friends in the trade to get an idea of the cost of repair and got quotes from £350 (smart repair) to £1300 (main dealer). Owners son phoned to say we had agreed deal and he would get it repaired and then all ok. Sister says no, wants deposit back as the new damage, even though repaired, is not the car she wanted to but. Owner now playing up about returning the deposit.

 

My question is this - the current owner bought the car and had it repaired from from the original Cat D accident. He has owned it since January, it is taxed, MOT'd and insured But - the V5 still shows the original owners details meaning he has never changed the registered keepers details.

 

Just need a bit of ammunition to try to get the deposit back with the least amount of fuss so assuming insurance companies ask if you are the registered keeper, how much more information would they need if you were to say no. I am guessing that the owner has said that he is the registered keeper.

 

Sounds like a dodgy side of the road dealer, where they are dealing as a business, but when you have a problem they are a private seller.

 

As the car is not what it was, when the contract for sale was agreed, then they should refund the deposit. But these type of traders can be a shady bunch and even getting a CCJ against thrm might not acheive getting money back.

 

You can only speculate about whether their Insurance is valid. Depends on the type of policy. For a standard car policy, you should be registered keeper, as Insurers want to know who has the car. It could be a traders insurance, where Insurers are aware if cars being bought and sold.

 

In these situations, suggest a written letter asking for deposit back or a claim will be issued in the county court and report made to Trading Standards. If they are conducting a business from a private property, you could also threaten reporting to the local council.

We could do with some help from you.

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Thanks UB.

I have checked on AskMid and it confirms that it is insured. I am assuming that it is in the 'owners' name as I was under the impression that traders ins would not normally have the cars listed.

 

The guy is a driving instructor and has another vehicle all stickered up. We also have his bank account details as the deposit was by bank transfer. Its only £100 so not a large amount but more principle.

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If he is trading cars from a private address, then presumably the local council would be interested. I think i would ask for the £100 or they face a sh*t storm, with reports being made to various about their trading activities.

 

On Askmid you can obtain Insurers details and give the Insurers a call. I wonder whether the seller would want you contacting their Insurers ? I bet they would not !

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 OTHERS

 

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

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I agree. Its quite funny that when his son was on the phone he kept stating that we had made a contract that was binding and he was recording the call. The shame is that whilst I know that the car is insured I do not know the ins company as a little phone call would do the trick.

The latest is that he has had it repaired and wants us to look at it and if we don't like it he will refund the deposit in cash. not keen on this as they may try to pass off dodgy notes.

A couple of rather large friends have already said that they will go and knock on the door to ask for the refund and my sister has said that she would get more damage done to his cars than the £100 value but not really roads we should be going down. I would rather report him to the relevant authorities as suggested.

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