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    • Question please, if you switch to the free Experian ac when you login within the 30 day free trial period, will the subscription of £14.99 be taken? Do you have to cancel the Experian ac entirely to stop the subscription?   Thanks to all
    • You need to beef it up a bit.... your 11 is tad tame and limp wristed ...you are appalled ...shocked and horrified ...get the word screen shot in and reproducing data without your consent.It has no connection to the claim or add any weight to their evidence in convincing the court  thats charging extortionate fees once a contract is terminated is fair or legitimate and the claimant is put to strict proof to disclose a breakdown of the fee and quantify its losses.   And yes thats a very important valid point you raise by way of you took out this contract in store with ID, which is false, I bought it online with no ID.Show the court that they talk nonsense and know absolutely nothing about the debt they bought for peanuts and that the contents of their statement contain numerous errors and false information......cast doubt.
    • Suggest that you also send a letter to your Insurance company as well.   A third party can simply enter a registration into the Askmid system to find Insurance details.     But mistakes can be made, Enter one letter wrongly and the wrong Insurers receive the claim. If the make of the car was for example a Ford Focus, it is possible a local dealer sold several with very similar registration plates. So even the mistake is not always found by asking the third party to confirm make/model of the car which caused the damage.   Your Insurance company would not advise you of the third party details, due to data protection. They might provide a registration number and advise the third parties Insurance company details. This would give you opportunity of contacting the third parties Insurers to advise of the error that appears to have happened.   Dented door not a problem. Looking for damage that relates to the alleged accident event.   Yes if you were not contactable, the Insurers may have paid the claim. But you could still have made a complaint or took other actions to resolve the matter.
    • Well thats okay...lets see if they comply with the rest of the directions on time.
    • Seriously ...a company that is raking in billions by overcharging its customers and shes haggling about £500 interest which is only awarded at the discretion of the court.   Complete the I&E and attach a covering letter stating what you discussed  over the phone and with whom and that you are open to settling the full debt amount of £4K plus court fees and state your monthly offer.You do not agree to interest being charged which is only awarded after judgment at the discretion of the courts pursuant to sec69 County Courts Act 1984  at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt..   You reserve the right to bring this to the courts attention should your offer be denied.
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DCF88

ecarsuk/RS Cars - Advice on small claims on faulty vehicle

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That's why it's very satisfying to put the sheriffs in to enforce against somebody who has really treated you in a very dismissive way. I'm afraid that the County Court bailiffs have comparatively little teeth and also they don't levy this fee at all.


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Incidentally, if they do manage to enforce the judgement it could be that they are offered a cheque for the money. It is highly likely that the sheriffs will phone you and ask you if that's okay. The answer has to be a definite – No. It's either cash – or equipment/vehicles.

If you are prepared to accept a cheque you could find that you have been given a bouncer and then you have further complications to deal with.

Cash only.


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16 hours ago, BankFodder said:

Incidentally, if they do manage to enforce the judgement it could be that they are offered a cheque for the money. It is highly likely that the sheriffs will phone you and ask you if that's okay. The answer has to be a definite – No. It's either cash – or equipment/vehicles.

If you are prepared to accept a cheque you could find that you have been given a bouncer and then you have further complications to deal with.

Cash only.

 

Very good point which I thought about a couple days back actually, I didn’t know if I had a choice in the matter of how I receive payment but if I do then yes cash would be the obvious answer.

 

Ive kind of told myself that he’s going to wriggle out of this so receiving any money from him doesn’t really come into my thinking at the moment.

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Also the other thing whilst all this is going on I am still paying out tax and insurance on the car, when could I possibly end this?

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I can't give you an answer on this.  The risk is that while the car is still technically yours then you will have certain liabilities.  

It's not a nice position to be in.  I'm sorry


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19 minutes ago, BankFodder said:

I can't give you an answer on this.  The risk is that while the car is still technically yours then you will have certain liabilities.  

It's not a nice position to be in.  I'm sorry

 

Yeh understood, just have to suck it up for now. At what point is that car not mine is my question I guess?

 

Even if he paid, I still have the logbook in my name at that point.

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Maybe @Chuffnut or @Manxman in exile or @Dodgeball can chip in on this


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OP - Hope you got this resolved during the last week.

 

If not, I would only add that HCEOs should be able to take an electronic debit card payment (not credit card) which I presume is as good as cash.

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On 05/05/2019 at 08:40, BankFodder said:

Maybe @Chuffnut or @Manxman in exile or @Dodgeball can chip in on this

Don't you think it would be appropriate to update the 

with the correct info re rejection ? You are still promoting misinformed bad advise. You aren't helping consumers. You've admitted your wrong (with no appologies) to retailers, do something about it Bankfodder.

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10 minutes ago, stinky-pants said:

Don't you think it would be appropriate to update the 

with the correct info re rejection ? You are still promoting misinformed bad advise. You aren't helping consumers. You've admitted your wrong (with no appologies) to retailers, do something about it Bankfodder.

 

You are quite right. Please would you mind crawling over the site and finding anyplace where you think there should be changes and flag it up to us with a suggested form of words and will have a look.

Thanks


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On 13/05/2019 at 12:09, Manxman in exile said:

OP - Hope you got this resolved during the last week.

 

If not, I would only add that HCEOs should be able to take an electronic debit card payment (not credit card) which I presume is as good as cash.

 

Hi, I have today been notified that the high court writ is received so to expect 13 more days before they can actually attend his location. 

 

I can see @BankFodder has tagged you in a post above, are you able to advise on how I go about ownership of the car in this situation, when do I actually not own the car anymore which would enable me to then cancel insurance, tax etc on it?

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Can't really help I'm afraid.  BF thinks I know about cars because of an exchange we had on another thread, but I don't (apart from common sense!)

 

What I would say is:

 

1. I presume you will want to retain ownership until you've got the judgment paid

 

2.  Then you want to make sure you are no longer the registered keeper.  Look on your V5C and it should tell you what to do if the car is returned to trade (I assume this is how this should be interpreted).  In any event make sure DVLA know you are no longer the registered keeper.  Might be an idea to call them for advice - though I understand they can be hard to get on the 'phone.

 

3.  Not sure how ownership formally transfers eg is documentation needed?  Note the registered keeper is not necessarily the owner of the vehicle - in fact the V5C says it is not evidence of ownership.

 

4.  Also not sure about how the insurance works.  If you are no longer registered keeper, does that mean you are no longer responsible for insurance?  Or do you need to transfer ownership first?  You could try asking DVLA about this too.

 

5.  There is a DVLA board on here where you could ask for clarification on these questions.

 

As I say I'm no expert so I wouldn't describe the above as "advice", but it may be a starting point for you.  I'm sure other posters are in a better position to give advice you can rely on - don't rely on me!

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14 minutes ago, Manxman in exile said:

Can't really help I'm afraid.  BF thinks I know about cars because of an exchange we had on another thread, but I don't (apart from common sense!)

 

What I would say is:

 

1. I presume you will want to retain ownership until you've got the judgment paid

 

2.  Then you want to make sure you are no longer the registered keeper.  Look on your V5C and it should tell you what to do if the car is returned to trade (I assume this is how this should be interpreted).  In any event make sure DVLA know you are no longer the registered keeper.  Might be an idea to call them for advice - though I understand they can be hard to get on the 'phone.

 

3.  Not sure how ownership formally transfers eg is documentation needed?  Note the registered keeper is not necessarily the owner of the vehicle - in fact the V5C says it is not evidence of ownership.

 

4.  Also not sure about how the insurance works.  If you are no longer registered keeper, does that mean you are no longer responsible for insurance?  Or do you need to transfer ownership first?  You could try asking DVLA about this too.

 

5.  There is a DVLA board on here where you could ask for clarification on these questions.

 

As I say I'm no expert so I wouldn't describe the above as "advice", but it may be a starting point for you.  I'm sure other posters are in a better position to give advice you can rely on - don't rely on me!

 

Thanks for the help, much appreciated.

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21 hours ago, BankFodder said:

 

You are quite right. Please would you mind crawling over the site and finding anyplace where you think there should be changes and flag it up to us with a suggested form of words and will have a look.

Thanks

It's not for me to crawl over your site, that's for you to take responsibility and ownership. I'm very surprised you haven't already taken ownership in this matter and updated each post where you have stated a buyer can simply reject a car within 30 days.

 

Don't you think it would be pertinent to update those posts with an acknowledgement your advise was wrong. I think that is the very least you should do. I'm thinking of all those people who are currently pending a court case with a belief their case is based on the correct advise, when its been in fact totally wrong. 

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I think the only issue with that is that the site is voluntary run

 

It relies on people helping between their day jobs and to be honest between other things that they have in their lives as well

 

I'm sure things will be updated but it can't be expected to be instant unfortunately 

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Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Small update,

 

defendant has actually wrote on the judgement letter ‘THIS COMPANY IS NOT IN BUSINESS’ which has returned the letter to the sender which in turn has been sent to me.

 

Ive informed the enforcement officers who have basically said ignore it as he’ll have to prove this when we attend his address. He’s obviously in a rush to shut this company down and trade under a new name which isn’t good news for myself.

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Thanks for the update.  I suppose that it is not unexpected


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So I have an update and sadly it seems he’s got away with it which is not unexpected but disappointing that someone can do that so easily. That seems to be that, I don’t think I can really take it any further?

 

Quote

ENFORCEMENT AGENT ATTENDANCE REPORT: FIRST ATTENDANCE ENFORCEMENT AGENT MR BUTCHER ATTENDED THE WRIT ADDRESS OF UNIT 11 FREEMAN’S PARC, AT 09:50HRS ON THE 30TH MAY 2019. THE AGENT CHECKED ONLINE FOR THE COMPANY PRIOR TO THE VISIT AND CHECKS SHOW THAT THE BUSINESS IS PERMANENTLY CLOSED AND DOCUMENTS ON COMPANIES’ HOUSE SHOWING THAT BUSINESS WILL BE INSOLVENT. THE AGENT ATTENDED THE ADDRESS AND THERE IS A COMPANY NAMED RS CARS WITH THE DIRECTOR BEING A MR ROBERT SMITH. THE AGENT MET WITH MR SMITH AND WAS SHOWN SUFFICIENT PROOF TO STATE THAT ITS IS NOW RS CARS TRADING FROM THIS ADDRESS WITH NO ASSETS BELONGING TO ECARSUK LIMITED. YOU MAY WISH TO TRACE THE DEBTOR TO FIND A NEW ADDRESS FOR ENFORCEMENT. YOU CAN INSTRUCT AN INDEPENDENT PERSON, CONDUCT THE SEARCHES YOURSELF OR WE ALSO OFFER A TRACING SERVICE FOR £75+VAT. UNFORTUNATELY, SHOULD THERE BE NO FURTHER ADDRESS FOR ENFORCEMENT DUE TO THE INFORMATION PROVIDED, WE ARE UNABLE TO SATISFY THE WRIT AS WE HAVE NO VALID ADDRESS AND WOULD NEED TO CLOSE THE CASE. AS ADVISED IN THE TERMS AND CONDITIONS A COMPLIANCE/ABORTIVE FEE OF £75 PLUS VAT WOULD BE APPLIED. IF WE DO NOT HEAR FROM YOU IN 7 DAYS, THE CASE WILL BE PASSED TO OUR ADMIN DEPARTMENT TO CLOSE.

 

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I think you're right. I'm very sorry. All I can suggest is that you keep an eye on the various trading names of this company and make sure that it appears in reviews around the Internet as a warning to others. Also the names of any directors.


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Posted (edited)

Hmm...  Sounds like you're stuffed.

 

Wait and see if others have any further advice.  You may need to bump this thread a few times if they're going to close enforcement after seven days.

 

EDIT: Cross posted with BF.

Edited by Manxman in exile
cross post

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He already has the new company set up and I shall definitely be leaving some tasty reviews to warn other people.

 

Thanks to everyone here who helped me.

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