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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 – who were the owners of the house. This was in 1999. We talking about 20 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 story 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 wouldn't supply this to their solicitor but 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 but 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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tarm39

CLI threaten doorstepper over Enagic Europe FB business ads

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it says we have been instructed.

By whom?

you need to understand things like AGENCY and LOCUS STANDI, ie who can sue you and who cant.

CLI are not solicitors so cant act on behalf of someone else and they dont own the debt so cant sue in their own name.

that is why they dotn actually say they are going to do anything.

Also an email isnt a PAP letter, another thing you need to read up on.

 

Next....

 

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Enagic Europe GmbH are the client and people chasing me for the money 

 

Creditor: Enagic Europe GmbH

CLI reference: EB / 

Debt Amount: GBP 757.24 = ?792.00 (contractual)

Interest: GBP 214.14

Compensation: GBP 0.00

Debt Collection Costs: GBP20.00

VAT on Collection Costs: GBP4.00

Balance due: GBP 995.38

?

Following non-payment of your overdue account, we have been instructed by our above client to proceed with formal recovery of the outstanding balance.

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how do they know you are getting and reading the emails?

that's why I said block and bounce.

 

 


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

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

 

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They don't but I don't want to ignore something and then get a court letter. 

 

I just want to know if I will actually have to pay this and if I can be taken to court by Enagic themselves (the client of CLI). 

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you cant ignore something you have not received.

stop fretting.

 

 


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

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But what about court etc? What if they sent letters but to an old address ? 

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1 hour ago, tarm39 said:

the appropriate Court in your jurisdiction

 

they don't even know what country you are in!!

as above..

if they knew they'd not make the stupid above comment.

 

for the rest I refer you to my post 20

well they'd have to follow the legal rules

which means they must WRITE to you.

as to date they haven't 

email are not acceptable as they don't ever know you've read them.

 

forget about 

go enjoy your life.

 

dx

 

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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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Appreciate the feedback.

The 48 hours they gave before taking legal action ended on Saturday and I was expecting an email today but I didn't get one.

Maybe tomorrow... 

 

This is the main worry in my life right now above everything and I dont think it's just going to disappear.

What happens when CLI don't get any responses from me...

What will Enagic do? 

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what part of they cant do anything are you failing to understand?

 

BLOCK and bounce their/all email addresses

it is NOT a recognised mode of communication concerning legal issues

let alone for a foreign debt.

let alone from a dca THAT IS NOT A BAILIFF

No DCA ever can be.

let alone are NOT even registered in this country with the appropriate authorities in the UK.


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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stop worrying and take the advice dx100uk is giving you, don't let it take over your life

 

when i first started to get emails i was worried too until i read the advice off this forum and did a little checking up on CLI, now i honestly don't think about it, they threatened me with a doorstep visit

 

it never happened

 

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im not so worried about CLI now but I am worried about the debt itself and Enagic (the company who are trying to get the money off me and who i actually owe the money to). 

 

I know that they cant do anything but threaten etc but what happens to the debt now?

What happens when I ignore them?

will Enagic take it further themselves?

Will they give up? 

this is what i am worried about deep down as I can't imagine this sort of thing just "goes away"... 

 

Thank you for reassuring me about CLI.

I'm not really worried about CLI themselves to be honest,

im more concerned about the actual debt itself and Enagic who I owe the money to.

Will they take things further after CLI have had no joy?

I just don't want to think im all clear and not to worry about anything and get on with my life, for a letter from a solicitor / Enagic themselvs  in 6 months time. THIS is what I am worried about primarily.

 

CLI can email me all they like but I just dont want to assume nothing will happen to this debt now if there's a chance I could end up in court one way or another. 

 

Sorry if it sounds like im ignoring what you're saying, trust me, i am not.

 

Your advice has been priceless and I am deeply grateful for your help because without your help and this website I would honestly be going out of my mind with worry. 

thank you again. 

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go find any evidence anywhere on the interweb that proves your worry Enagic have issued any court claims in the UK for a foreign debt...

there are not any.

 

dx

 

 


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

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So all has gone quiet from CLI. No emails in over a week after the last and final reminder... Im guessing they have now told Enagic that they've not been able to recover the money. 

 

Now what happens?

I'm worried about getting a court letter through the post from Enagic / solicitors. 

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stuff all a solicitor can do to you...

stuff all Enagic can do to you..

 

 

move on with your life..

 

dx

 


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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Agree, move on with your life.

 

However, If you do move address, it may be worth sending a letter or email to any companies you have had dealings with including Enagic, just confirming your new address.  This is to ensure you receive any future communications, to avoid any company using your old address, to gain any Court judgement by default, as you could not defend.


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On 06/10/2019 at 16:44, unclebulgaria67 said:

Agree, move on with your life.

 

However, If you do move address, it may be worth sending a letter or email to any companies you have had dealings with including Enagic, just confirming your new address.  This is to ensure you receive any future communications, to avoid any company using your old address, to gain any Court judgement by default, as you could not defend.

Won't that make it easier for them to take me to court? 

 

I've not heard anything at all since that last email but I'm guessing now that means CLI have informed Enagic that they were unable to retrieve the money and now Enagic could be preparing to take it further? Or they might leave it? 

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39 minutes ago, tarm39 said:

Won't that make it easier for them to take me to court? 

 

I've not heard anything at all since that last email but I'm guessing now that means CLI have informed Enagic that they were unable to retrieve the money and now Enagic could be preparing to take it further? Or they might leave it? 

 

No. 

 

Are you one of these people who just move addess and don't bother advising your new address ?  I have known people like this and they tend to be the ones who always seem to have problems.

 

CLI were a cheap option for Enagic, aa CLI just provide standard letters to chase for debts.

 

Up to Enagic what they do next.  Just make sure you can receive their communications, that you read them and if you ever receive a Solicitors letter or Court claim, that you seek further advice.


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