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    • Many many thanks for the reply.    I have already given them 7 days notice on 10th May. Which they have not responded too.    If I sue at the registered address (likely to be accountant) and I win and they don't pay,  how would baliffs be able to collect, as their stock is at a home address?   Best wishes 
    • Well I'll deal with the questions as well I can. Normally speaking you would be required to give 14 days notice. This is a protocol and so it's not completely fixed. I would suggest that you at least give seven days' notice so if you give notice today by email then it would be reasonable in the circumstances to begin an action next Monday. I will explain in the email why you are shortening the normal period of notice and also point out to the fact that he has been uncooperative so far whereas the circumstances are extremely clear and your rights under the consumer rights act are extremely clear. I don't know any way that the case could be expedited – but certainly when you receive the directions questionnaire then you should explain to the judge at that point the urgency of the situation. You will have to put some amount so if I were you I would estimate the maximum amount of likely damages and then claim for a figure "not exceeding £XXX". Of course that will mean that you will be paying a higher claim fee. You could explain in your letter of claim that this is what you will be doing and why you're doing it. You don't need to put a lot of detail at this point. Have a look at that and see if it sums up your case correctly. Sue them at the registered address. Get all information you can from the mechanic including photographs et cetera. Also get your independent report. You were not needed at this point to issue the claim but it will be extremely helpful later on. You will be able to claim for the cost of this as well.  
    • A complaint 12 Months after the event.....................   Complaints about GP's are taken very seriously. Its not surprising he wouldn't want to see you alone, maybe with a chaperone, but not alone.   So you intend to complain again................................   You had best be careful or the Practice will strike you off and then you might be stuck. Just see another GP at the same Practice and move on.   H
    • Good Afternoon all.   Please forgive my naivety, this is my first post and I would really appreciate some advice.    I purchased a Ford Ranger 2015 plate from Ron Whites Trade Cars in Wakefield on 18th Feb this year. I paid £6,700 on debit card and was given £4000 trade in for my 2010 Nissan Navara, so £10,700 in total. Inclusive of 6 months 3rd party warranty.   I had recently been diagnosed with secondary cancer in my bones (including spine which affects my mobility) and needed a reliable vehicle to travel to and from hospital of which I made him aware of. Also that I have several dogs and horses and therefore needed a pick up.  My dear Dad helped me with the cost of the car.    At my request, he put a new MOT on it and I collected it a few days later.    On Thursday 9th May, having driven no more than 500 miles from collection,  I was driving at about 45 MPH, when I was approaching a 30 MPH zone and a busy crossroads, and went to apply the brakes. The brakes failed (as in nothing at all) and I had to slow the car through the gears and apply the handbrake narrowly missing several cars.  I can't tell you how frightening it was, and I have been scared driving since.    I called Ron Whites Trade cars ltd and spoke to the dealer.  He told me to call the warranty company. Which I did. They advised me to call a tow truck and tow to a VAT registered non-main dealer.    The warranty company - clearly not worth the paper it is written on - said I need to show full service history. I realised then (my bad) that it never came with FSH, despite the advert declaring that it did. I have screen shots of the advert that verify this.   The garage where it was towed to called me the next day and asked how long I had had it. I explained not long. Their head mechanic said an unaligned fitted part - fitted prior to purchase (vacuum pump to brake servo?) has caused the damage and it was likely to be a very large bill. He advised me to call the dealer and under the CRA 2015 ask him to repair it or reject it.    I called him back and without going into details - he refused to help. The mechanic from where it is currently sat also had several conversations with him. Apparently the dealer became quite threatening and abusive.  The mechanic advised him to come and collect the car and repair it as he should do under CRA 2015. The conversation ended with the dealer telling him to just fix it and bill me.    I emailed and sent a recorded letter on 10th May, advising them to collect the vehicle and repair it or pay the garage where it currently stands or I shall take legal action.    I heard nothing.   I am now going to authorise the garage to carry out the repairs and will be seeking costs through the small claims court.  I have researched the company and they have a large selection of vehicles, last assets were recorded at just under £600k.  Most of the stock is stored at the Director's home address. Which is where I purchased the car from. Although the receipt states Ron White Trade Cars Ltd.    I desperately need the vehicle and although I have an old Peugeout 106 as a loan car - I can't possible carry out my hobbies and usual daily life in it.   My poor Dad is lending me the money to repair it.    My questions are:  A) Can I start the small claims process now? The reason is that I have a DS1500 form - which basically means I may have less than six months to live - but hopefully more! Could the case be expedited in order I can settle things sooner for obvious reasons?  B) Do I sent another email/text advising that tomorrow I will start the claim? B) I have no idea what the total bill will be until the car is fixed - so do I claim an 'undisclosed amount?' C) What wording do I put on the form - what detail should I absolutely not miss out?  D) The registered address on Company House is that of an office elsewhere. I assume the accountants address. I collected the car from his home address (approximately 30 other cars were there) so can I send the court papers to this address? E) Who do I put on the papers? Ie Ron White trade cars ltd. Or the director I dealt with (of which there are 3)  F) I have been advised to get an independent report - but this is going to delay the process even further. The mechanic has advised he will take photos and written evidence. Would this suffice before a judge?    I'm very grateful to anyone who has read this, and apologise for such a long post.  Many thanks         
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies

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Hi all,

i'm contacting you on behalf of my Sister who's got in to financial trouble with Brighthouse through no fault of her own and is now unable to pay them but doesn't want to hand back the items as they've paid a fair bit off of them!

 

Now, they've been with them for about 6 years and I have all of the contracts available to me

I'm hoping that the SAR shouldn't be needed and I can proceed with a claim on their behalf.

 

I'm just wondering if anyone can point me in the right direction on what to write to them,

what to put in the letter and where to send it?

 

To be honest i'm annoyed as hell at Brighthouse as they've let my Sister get in to this situation without any regard to her being on benefits and issues with benefit caps, rent, the lot as just last year they allowed them to walk out of the store with around £70 p.w worth of debt including the OSC & DLC,

all within a month or so of each other and 2 of the items on the same day!

 

I'm hoping that with any refund of OSC & DLC that they get 'should' clear their outstanding debts with Brighthouse and also possibly give them a little cash to help them with rent issues they're having as well.

 

My Sister did have a company called [removed] dealing with the case but they dropped them sometime last year after Brighthouse called them to say that they were a cowboy firm and would stitch them up - my Sister didn't carry on with the claim

 

now because of financial difficulty i've decided to step in and help them as much as possible to claim back what's rightfully theirs because then my Sister knows that no matter what Brighthouse say i'm not going to stitch her up and am acting in their best interests.

 

If someone could point me in the right direction towards what to do next or to point me towards any templates i'd appreciate it.

 

I will also be applying for all their late fee's to be paid back to them also if this is possible although I feel that the amount they've paid on OSC & DLC is an extortionate amount for which they'd be happy enough with if returned to them.

 

Just a little update,

the agreements she has (there's 12 of them) for both OSC & DLC total £3729.70 and the DLC alone is nearly £2499!

I've noticed though on 1 of their agreements for the TV that's been paid off fully that there is no mention of OSC or DLC whereas ALL other agreements do either mention both or at least DLC so we're at a loss as to why that is as the agreement was taken out in 2015 and they had other agreements before and after that date which had both OSC & DLC included in the breakdown!

 

Considering it was a 47" smart 3D TV I find it very strange to say the least so it's very possible I might have to SAR them to get the relevant info.

 

On the agreements which only have DLC mentioned there is no breakdown of the OSC

i'm unable to work that out,

does anyone have any idea on how to do this from the agreement totals or similar?

 

I also can't get my head around how to apply the 8% interest to the claimed amount because agreements were taken out over a 6 year period so obviously some items will have 5 years @ 8%, some at 4 years @ 8% and so on

 

I don't want to get that wrong when trying to claim against them and having them laugh at me for asking for too much in that regard!

 

Any help would be appreciated as i'm going alone on this mission at the moment!

 

Thanks

 

- Another thing I noticed is that their interest rates are all over the place!

I've seen 29.9%, 64.7% and more recently 99.9% APR rates,

 

i'm guessing some of these are hidden 'service' charges and I have no idea how to break them down as there's nothing stated in regards to the extra services!

 

Any ideas anyone?

Edited by dx100uk
merge/tidy ..Ingram toft name removed

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items that have had more than 1/3rd paid cannot be repo'd and you should never hand them back.

they are classed as protected goods under the CCA and can only be repo'd with a court order.

 

now, TBH i'd stuff all the above you've written

far to much like hard work.

 

read this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?484636-BrightHouse-cheque-received-today-after-complaint-advice-needed-please

 

and fire BH off an irresponsible lending complaint.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?472423-CAG-PDL-Reclaim-Guide-Indepth-Step-By-Step(6-Viewing)-nbsp

 

although the above relates to PDL's it is equally applicable to BH.

 

much easier.

 

dx


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

 

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