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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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SavoyTruffle

EMC car sales of Bagshot - 30 Day Right To Reject - Vehicle Casualty Report

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everyone now has their OWN TOPIC

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this topic is for advising ST only.

please read our rules.

 

dx


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A bit of an update for you all,

 

I completed a N244 change request form and sent it to the court. This was necessary as:

 

A. EMC are not a limited company

B. EMC have stopped trading

 

The court have accepted my request, so the case is now against the parent company. The court and CROWN MOTOR DIRECT LTD now have all the documentation that I will personally present in court on 29th November ( now that I will not be overseas on this date). My claim amount is now FAR more than the purchase price of the vehicle. I'm rather optimistic, and quite looking forward to the hearing in all honesty. 

 

The defendant's never opted for mediation, but I stand to gain much more now through the court anyway. Let's see what goes down in a few weeks. 

 

@ admins. Is it worth changing the thread title to highlight the defendants name change ?

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That's great news. I'm just submitting my court paperwork now. 

 

FYI EMC say they have ceased trading but they have not. They have changed their name to Chobham Central Garage. The new website even lists the same registered company number (which actually belongs to Crown motor direct Ltd). 

 

For anyone that received a letter from EMC Sales saying that they have ceased trading. Do not fall for it. Send all communication to Cmd.fca@hotmail@com 

 

All the garage names are just trading names of Crown Motor Direct Ltd. And according to companies House the company is still active. Hope this helps. 

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Good luck with it all.

 

Do you have CROWN MOTOR DIRECT LTD as the defendant's name? You'll need to, as they're the Ltd company. 

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Wow guys,
I am not sure where to start. I am glad you have all got further in your cases and I think I need to really take the next steps on mine.

When I was there Nathan was the only name I had who was the person who sold the car to me.
When I picked up the car it was an Irish man who was the manager but I can't remember his name...

Aside from that I have Mikael Shamir the complaints handler. But I am sure you all have his name.

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Noel Quail was the sales manager who sold our car. Also I just got Mikael in email to confirm it is in fact Crown Motor Direct Limited who were trading as EMC. Chobram Central Garage is another trading name under same company number. Good luck everyone. I am sorry this has happened. 

Also EMC were previously Surrey First Cars. They have just registered a new company at the EMC site 8 Swift Lane, too...Automotive Vehicle Brokers Limited. 

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They won't turn up mate they will leave it to last mi ute and send defence via email make sure you take the original auto trader add that's what my judge looked at and was in shock. 

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The court have the Autotrader add already bud., but I'll be taking it to court as part of my defence package.

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its a witness statement 

and you are the claimant not the defendant.


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13 minutes ago, dx100uk said:
16 minutes ago, dx100uk said:
17 minutes ago, dx100uk said:

its a witness statement 

and you are the claimant not the defendant.

?? 

 

 

 

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1 hour ago, SavoyTruffle said:

as part of my defence package

ST is the claimant

doesn't defend anything...

 

bundles to court at the hearing are called witness statements and need to be exchanged 14 days before the hearing date of 14th nov

 

has the defendant contacted you by email at all ST?

but you gave one on the n180?


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1 hour ago, dx100uk said:

ST is the claimant

doesn't defend anything...

 

bundles to court at the hearing are called witness statements and need to be exchanged 14 days before the hearing date of 14th nov

 

has the defendant contacted you by email at all ST?

but you gave one on the n180?

You're right. I used the incorrect wording, so apologies for the confusion.

 

I've had no email correspondence from them since end of March. I did fill my own email address in on the N180. I can't remember if I added their own email address in though. The form is at home in Scotland, and I'm in Finland right now.

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Is not your ws due today?


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Everything was paid yesterday. The courts have all the forms and witness statements already. 

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I am well shocked reading all this.

 

We had the same situation with EMC Cars over 12 month ago.

The car started to chuckle the same day we picked it up

 

we went to the garage next day to return it and they refused to take it back but they offered to fix it.

After driving 284miles when we were about to take off to the airport the engine did not start. let us completely down.

 

EMC of course refused to take it back or repair it and asked us for the registered engineered report.

After delivering the report to them, they said we can fix it with  provided warranty - but the warranty did not covered it. 

 

What a stressful time we had.

No money, dumped car on our driveway which we could not even move and our garden project had to be postponed as we could not get digger to the rear!

 

 We registered the case with Ombudsman

- it took over 10 months of constant chasing and chasing

 

in the end they said we need to keep this car as the fault could happen within the 280 miles we drove with it!

End of the story.

 

The Autotrader Add said  ( i emailed copy of it to Ombudsman ) car is in excellent condition

- Ombudsman said

- that means for ' their age and millage ' 

 

One total joke!

They were giving week after week for the EMC to reply to them and that is why it took so long.

 

Now: We had to buy another car for the time being and now trying to sell the one from EMC cars with is already worth GBP 1500 less!!

 

Why they go away with this all???

Take the money and laugh???

And the consumer has to pay the huge price for it???

 

 Where is the law?

 

I am wonder how your court case goes.

Please let us know! It may give me the power to register our case with court as well!

Good luck!

 

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All of these cases need to be declared to citizens advice. 

 

Speak to an advisor and tell them what happened, ask for the case to be referred to trading standards. Crown motor direct (emc car sales and now chobham Central garage) have gotten away with this for too long. 

 

I have also sent my story to the Surrey advertiser newspaper. 

 

Oh and make sure your financial claim is submitted too. If you don't and Crown motor direct enters an insolvency agreement, you won't be listed as a creditor and will find it very hard to get even a fraction of your money. 

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15 minutes ago, Chickensatay said:

 

15 minutes ago, Chickensatay said:

 

 

Sorry, I'm trying to reply but I can't fix this error. Won't let me delete it. 

 

I've got a case number with citizens advice. They have referred to Trading Standards. 

I think if as many people as possible do the same, it should push trading standards to investigate. 

 

Also, an idea....if everyone could email BBC watchdog. And put as subject "EMC rogue traders" (or agree on some subject" if we all have the same subject it will stand out that there are multiple "victims". 

Edited by BlueJean
Didn't want the quote, but it wouldn't let me remove it

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Hi

 

good idea I have already had them referred to trading standards about a month ago and I contacted the ombudsman but they’re not registered with them unlike it says on their sales invoice

 

. I’m definitely happy to write to BBC watchdog as Want them to pay for what they have done

 

It really is disgusting and so dangerous selling cars that are not even roadworthy

 

. I had my six-year-old daughter in the car with my clutch went on a busy 4 lane road. 
 

I phoned citizens advice yesterday to see if I could try to recoup any of my costs and they is advised that because it wasn’t a limited company my only hope was to try and contact the insolvency department but I don’t remain hopeful.

 

 

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@JuneElizabeth emc sales is just the trading name of Crown Motor Direct Limited. It is a limited company so try with citizens advice again. 

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Hi 

 

How can I prove that EMC car sales is just a trading name of Crown Motor Direct Limited? I am asking as I am waiting for a date of hearing against EMC but they cesead trading and we don't know what to do next?

 

Thanks 

Bench

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If they are T/A then they cant avoid any legal claims against EMC under the new name

Someone needs to send in HCEO and seize assets.

 

Dx


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Anyone affected needs to send a complaint in to the insolvency service. They are now trading illegally as they have failed to enter an insvency agreement and flouting the terms of the Consumer Rights Act. The more that do the more likely the insolvency service will investigate. 

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The company is still active though? Emc has ceased trade but the company is still definitely trading. Chobham motors in Bagshot is their other dealership 

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1 hour ago, Chickensatay said:

@Bench123

 

The picture below is a screen grab for the now non existent emc sales website. 

 

'Crown Motor Direct Ltd T/A EMC Car Sales' 

 

Company number 09967993 151.38 kB · 0 downloads

 

Hope it helps. 

 

Screenshot_20191001-103639.thumb.png.695990e982f632b19cc88ca01ef131f8.png

Awesome thank you. We can't take emc to court but we can to crown motors and I know you can take the director of cmd to court as they are responsible for any debts. If they do claim insolvency you can still take the director to court. 

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