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    • 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
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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Hello,

I'm after a bit of advice,

 

I've had my car 2 and a half months and the engine has ceased due to a lack of oil getting into the engine.

 

It has had the engine removed by a BMW specialist and they have diagnosed that the oil pump has gone faulty as there is plenty of oil in the sump tank.

 

I have tried to claim this through warranty as the car requires a new/refurb engine.

 

The warranty company are finding every way under the sun not to pay out.

 

I'm 19 so I don't really know where I stand :???:

 

so some advice would be greatly appreciated.

 

Thanks

Edited by dx100uk
spacing

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Well now you start to understand some of the truth about extended warranties.

 

I'm assuming that this car was bought from a dealer? Please confirm and please tell us which dealer it was.

 

If you look at the Consumer Rights Act you will discover that the responsibility is with the seller and because you have had the car less than six months, there are entitled to attempt one repair and then if the repair fails, you are entitled by law to insist on a refund or replacement – at your option.

 

Who was the dealer?

Have you contacted the dealer about this? And what have they said?

You should start off by getting a written opinion from the BMW specialist and then we will help you with your options.


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The car was bought from a dealer in Bryn, Wigan called Merit Motor Company.

 

I was hoping to get it sorted through warranty but as they are finding every way out of it I am going to ring the garage and explain the situation to them and tell them they have 1 chance of repairing the vehicle.

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I should Hang on a minute if I were you.

 

We have told you what your legal rights are here. I would suggest that you don't get into a conflict-oriented conversation with the garage at the moment. I suggest that you simply present them with the problem and say to them that as the car has only recently been purchased from them, you'd like them to repair it.

 

If they then start to fob you off then come back here and tell us what they said and then we will help you write them an appropriate letter and start to take control.

 

I don't think it's a good idea to start phoning and start blasting on about legal rights before you know that they're not going to be cooperative. You never know they might be excellent dealers.

 

How much did you buy the car for? How old is it? Did you pay extra for the extended warranty? Can you please let us know a bit more about what Centurion's excuses are


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I paid £6795 for the car. It's a 57 plate and I paid £250 for the extra 12 months warranty.

I will present them with the problem and take it from there.

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Should I say to Merit Motor Company that I have spoken to trading standards and I am well in my rights to ask for him to repair the car?

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No. Trading standards amount to nothing. They don't deal with individual complaint such as yours.

 

Don't say anything to them unless you understand what it is you're saying because if you start bluffing you will be called out on it and then you will lose credibility.

 

Simply begin with a nice polite telephone call telling them the problem and asking them for their help. Read our customer services guide first. Implement the advice there.

 

I asked you to let us know why centurion were refusing to help – but you haven't responded. Please answer my questions.


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Sorry, they were refusing to help because they was saying there was no way the problem could of occured so suddenly and that I should of notice that the engine wasn't getting oil to it. They said there should of been some indication such as warning lights but nothing had come up on the dashboard. They also said that I should of heard the engine begin to knock but I heard nothing on the last journey in the car.

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Thank you. Have you been communicating in writing or is this all on the telephone? If it is in writing, please can you post up their letter in PDF format.


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I have been communicating via telephone but I hadn't been recording my calls until now after following your advice.

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So the excuses you have received from centurion are simply verbal.

 

I think you need to get a paper trail going urgently. Write an email to centurion explaining to them exactly what has happened – giving them the detail and also the action that has been taken subsequently i.e., the inspection and the opinion of the vehicle inspector as to what has caused the problem.

Tell centurion that you want to make a claim and that they are free to inspect the vehicle at XXX address where it now is. Asked them if there are any forms which need to be completed and asked them to send them to you immediately.

 

Tell them that you are very disappointed that you have already called them and that their first reaction was to deny any liability under warranty on spurious grounds. Tell them that you are waiting for the claim form by return and that you want the vehicle repaired by them as quickly as possible.

 

It is very important to be able to show that you have called them and what they have said to you. Because you have no recording, you are putting down in the email what their reaction was to you so that it is clear and if later on you have to take some slightly more serious action such as bringing a small claim in the County Court then you will have some evidence.

 

I'm suggesting that you take this action in respect of centurion simply in order to protect you and to give you a second string to your bow. However, the principal responsibility is with the dealer. Telephoned the dealer as I have already suggested and come back here and let us know what has been said. Record the call.

 

Who is it that recommended the centurion extended warranty?


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I have had a look at the centurion warranty.

 

If they stick to their position then I suppose that they are trying to rely on paragraph 15 and also paragraph 27.

 

I see that their paragraph 14 disclaims any reimbursement for repairs if you have not followed the correct claims procedure as detailed in your warranty agreement. This is an unfair contract term and it is unenforceable. Once the insured/assured risk has occurred then failure to carry out some administrative requirement in the contract will not relieve them of their liability.

Warranty Book 2016 F4.pdf


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The warranty company have already been out to inspect the vehicle and it has been 2 weeks since the vehicle has been in the garage. It is upon the inspection that they have said that it's not tallying up and they are in talks with the director to see if they are paying out or not. The garage said about extending the warranty to 12 months for £250.

Edited by samandroid1998

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I have had a look at the centurion warranty.

 

[ATTACH=CONFIG]71349[/ATTACH]

If they stick to their position then I suppose that they are trying to rely on paragraph 15 and also paragraph 27.

 

I see that their paragraph 14 disclaims any reimbursement for repairs if you have not followed the correct claims procedure as detailed in your warranty agreement. This is an unfair contract term and it is unenforceable. Once the insured/assured risk has occurred then failure to carry out some administrative requirement in the contract will not relieve them of their liability.

 

Sorry I don't understand what you mean by the paragraph 14 section?

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Don't worry. It doesn't apply to you. I'm just making a little criticism of their terms and conditions.

 

You haven't told me who it is recommended centurion?


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I hadn't realised that there had already been inspection. I gathered from you that there had simply been a conversation in which they had rejected your claim.

 

As they have carried out an inspection and the car has been in the garage for two weeks, I think you should send them an email – but not one I suggested earlier – telling them that the matter is now going on rather too long and you need a definitive answer. Tell them that you are very disappointed that their first reaction seems to be that they are disclaiming liability because of what you consider to be spurious grounds.

 

Tell them that you need an answer immediately.

 

At the same time, please start dealing with the garage as I have suggested above. This is extremely important. You need to get an answer from them as well.

 

Once we get the information back from the dealer and from centurion then we can consider the next step to take


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So the people who sold you the car also recommended the warranty. I wonder if they got a commission out of it?

 

I suppose this could be helpful because that would mean that the dealers should realise that if centurion doesn't do the job, then they, the dealers will have to. This might help the dealer to put some pressure on centurion.

 

I hope you understand a bit that extended warranties generally speaking are a waste of money. You're much better relying on your statutory rights which could last you for up to 6 years depending on the problem that develops with the vehicle – or other item.

 

Extended warranties are really a bit of a con trick


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Yes the dealer recommend the warranty and gave it me at trade price.

I only took out the extended warranty as a precaution as I'm only 19 years old and dreaded something like this would happen.

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I have also sent centurion warranty an email requesting the engineers report/s and that I want an immediate decision as soon as possible so I then know what my next step in the process is.

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Okay, have you spoken with the dealers yet?


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Are you referring to the dealer Merit Motor Company or are you referring to the garage which currently has your car?


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