as well as informing them of a fault, you must also formally assert your right to reject the vehicle under the Consumer rights act. This must be done within 30 days of purchasing it.
if you haven't done this and it is still within the 30 days then you should do it immediately by email and confirm in writing
Good point from HB.
Before you see a solicitor start trawling everything you have for relevant papers - emails, letters etc. + All the documentation you have relating to the purchase of the house. And copies of everything else that you mention about bills, tenants etc. That could all amount to a lot of paper.
Then take a photocopy of everything you have found ready to give to your solicitor.
And make some notes for yourself in detail about everything you remember.
Incidentally, it's just my opinion that will need more legal advice than can be given here. Maybe someone will come along who is an expert in this. But TBH I think that is unlikely, that's why I recommend you get your own solicitor asap. Because (a) it's legally complex and (b) there's a lot of money at stake for you.
I represented a family member in an Employment Tribunal which was awarded in their favour.
Background: The respondent failed to provide a bundle and came unprepared as he had planned for their finance employee to attend, but they were ill which left the respondent with no information on the day.
The Judge gave the respondent the opportunity of 3 hours adjournment over lunch to get bundles but he declined and agreed to accept whatever decision the judge made.
Once the judge verbally provided their judgement (recorded by herself for court process purposes) which was in my family member's favour, the respondent asked if he could appeal. The judge advised that the appeal process would be advised within the judgement documents (sent in post) and he could follow them once received.
The respondent posted a small bundle of documents to both the tribunal and ourselves, but did not include any letter or application for reconsideration within the 14 days but the judge has decided they add nothing to the case and has closed the case, placing his bundle of documents on file.
I have spoken with both the Tribunal office involved (case closed) and London Court of Appeal who have received nothing in this matter.
Firstly, Which is the best way to secure payment from the respondent?
Secondly, The Judgement states that the Claimant is eligible to claim 8% interest but is this from the day following the expiry of 14 days when payment was due, or the day following the expiry of 42 days which the respondent has to appeal? and how do I calculate the daily rate please of £2,500?
Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.
Particulars of Claim
What is the claim for – the reason they have issued the claim? The defendant owes the claimant £481.16 under a regulated loan agreement with casheuronet llc t/a quidquid dated 03/01/2012 and which was assigned to the claimant on 20/12/2017 and notice of which was given to the defendant on 20/12/2017 (debt). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £481.16 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 3.91% per annum amounting to £18.83
What is the total value of the claim? £584.99
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
Did you inform the claimant of your change of address? N/A
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PDL
When did you enter into the original agreement before or after April 2007 ? After - 03/01/2012
Do you recall how you entered into the agreement...On line /In branch/By post ? Online
Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No
Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lantern
Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes (via email) from MMF with no letterhead
Did you receive a Default Notice from the original creditor? No
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No
Why did you cease payments? Couldn't afford them
What was the date of your last payment? 25/02/2016 then again 01/06/2018 (yes a paid again when they chased me)
Was there a dispute with the original creditor that remains unresolved? No
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - rejected my DMP for one I couldn't afford.
I think friends worry is that that the original initiator of the Claim will step in again.
The original Claim and repo hearing was made by the freeholder for non payment of service charges.
The bank stepped in and paid the service charges.
Then when friend didn't pay mortgage the bank asked the judge to re-open the Freeholders Claim.
Friend paid the bank arrears.
But now friend is worried that the freeholder will return to re-open the same Claim. Ping-pong between bank and freeholder !! Unless this particular Claim is stayed/ struck out
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!