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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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Lowell British Gas debts

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Hello everyone just looking for some advice please if possible

 

my partner found 2 defaults on her credit report in December 2017 both for British Gas one electric and one gas.

The amounts in total are £500

 

she sent a email to the ceo office to dispute the accounts etc,

the office replied stating it’s from a previous address under Sainsbury’s energy and was from October 2013 and January 2014 so not statue barred and were apparently estimated reads. She completely forgot to reply back

 

today 2 separate letters arrived to my new address from Lowell stating British Gas had sold the accounts to them and wanted payment.

Upon checking her credit file today the defaults are still showing but now with £0 balances still showing as British Gas.

 

Dose anyone know if they will now start adding charges to the debt ?

Or how I’d go about doing a full and final settlement reduced amount to get it ended ?

 

Any help is grateful thank you

Edited by dx100uk
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Please will you space and punctuate your posts correctly because it is extremely difficult to read a solid block of text. It will discourage people who would be very pleased to help you if it was easier to read. Thanks


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urm BGAS as well as EDF selling old debts to dca's now

new turn of the cards recently.

 

a DCA cannot add anything to the debts

you should know this already

 

as the debts are disputed as they are estimated reading from several years ago

pers i'd let these run.


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I wouldn't be offering Lowlifes anything!

 

The fact that BG have flogged this on suggests that they know something is wrong with the figures.

 

I'd be keeping shtum, there's nothing to be panicking about.


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obv she has moved from there and BGAS nor lowells have been informed in writing of her correct address?


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Please will you space and punctuate your posts correctly because it is extremely difficult to read a solid block of text. It will discourage people who would be very pleased to help you if it was easier to read. Thanks

 

Sorry i will In future

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obv she has moved from there and BGAS nor lowells have been informed in writing of her correct address?

 

Correct she moved from the property in 2014 I think it was and no contact with them since moving until the email she sent them a few months ago

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has she informed them of her correct address in these emails?


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If not informed of address Lowell might well chance their arm with a Claimform to old address phishing for a Default CCJ.


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has she informed them of her correct address in these emails?

 

Just gone through her sent emails and she never told them of the new address only listed the previous address, so British Gas and Lowell must of obtained our new address from the credit reference agency.

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yes the probably did

but the issue here is they've not been officially told in WRITING by the supposed debtor that the address is correct

they simply sent the notice of assignment letters [both came from lowells if you look carefully?] to it .

 

you say there was a dispute and the CEO got a bashing?

have you still the evidence/complain that was sent?


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Yes you are correct after further inspection they both look like they are from Lowell’s and she disputed it in December 2017 with the ceo as she didn’t think she had dealings with British Gas but turns out its Sainsbury’s energy who was actually run by British Gas.

 

Yes she still has the emails sent and received from the ceo’s Office he also supplied the 2 bills for the accounts with estimated reads

 

So would you recommend She sends them something with the new address just to make sure they don’t send a claim form to the old address to catch her out with a ccj ?

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was she the sole person renting?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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