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    • First of all, liability is completely with the seller. Not only that, because the seller assessed the situation and specified a particular solution for £2034, that is all you should have to pay even though it now turns out that the equipment you need is more expensive. In other words, there is no reason why should have to pay a single penny more than the original agreed or expected price. A contract is an exchange of reasonable expectations. Lumb expected to receive £2034. You are expected to receive a solution to your glass washing problem. He did not contract for a specific machine. You contracted for a specification which you were informed by an experienced professional would satisfy the needs of your business. You paid 100% – but you received in exchange less than 100%. Even though the required equipment might be more expensive than that which was specified, if that's what it takes to provide the solution that was promised to you by Lumb, then that's what you are entitled to get and you shouldn't be required to pay any more for it. Please let me know if this is getting a bit too technical in legal terms. I understand that the moment that you don't have an adequate glass washing machine. Clearly for the sake of your business, you need to get this issue resolved quickly. If you hold out and have an argument about money which has to be paid or not paid et cetera then you may well find yourself several months down the line without the last washing machine that you need. You may well find that you will have to sue Lumb on the contract that you made. Obviously you are better placed than me to understand what you need and what you can afford, but I would recommend that the best thing to do is to pay whatever Lumb demands at the moment in order to get your existing glass washing machine exchanged for the model which addresses your needs – and effectively provides you with the solution that you paid for in the first place. Then afterwards, sue Lumb for the money back. We'll be happy to help you. I would rate your chances of success at better than 90% in the County Court. An added advantage of this is that once you have the new machine in place, you will be able to assess its effectiveness and its adequacy to your needs – on the off chance that also has been under specified. Handling it this way will have the advantage that you will have a new machine installed probably in a week or so, you can get on with your business, and then you can embark on a reasonably cheap piece of litigation because the amount of money that you will be suing for won't be too great. The alternative will be to stick with your existing machine, having to put up with the inconvenience et cetera and then eventually suing Lumb for a much larger figure – the value of the replacement machine. An additional advantage would be that if you are suing for smaller sum, then it is much more likely that Lumb will put his hands up and pay you out because it simply won't be worth his while digging in on a dispute with only a few hundred pounds. Of course you can't guarantee this. Some people take this kind of thing personally and they try to resist even though it makes absolutely no business sense at all. If you want to do this, then you possibly need to flag up to lump that you're prepared to go along with what he is insisting but also make it clear that you're not happy about it. You certainly shouldn't sign anything that says that you agree this in settlement of all disputes. Or anything like it. If you end up being presented with something like that then let us know. But probably that will mean that you will have to sue for the new machine with all the business inconvenience that that entails.   Of course if you feel that you need to retain a good relationship with Lumb because of possible future dealings, then you may need to consider your entire approach to this problem. Another part solution might be to threaten Lumb with an action for all of the excess costs of the new machine plus the engineers visit – and then back down and agree to pay the entire cost of the new machine as well as he will forgive the engineers visit. This is a compromise that Lumb might find attractive because he will be able to save some Face. Often it's all about Face. Frankly if you think you don't need the guy in the future then I would be going for the lot – but you know your own business interests better than I do. Does this make sense?  
    • Ok another update and its all rather confusing, ive been trying to work this out for hours now and I cannot make any sense from it all.   Apparently the meter was put in on the 1st of April, I was sure it was July. However what makes sense is that I gave a reading in August, which I thought was for the month but it was for the quarter. I must of written it down wrong for a monthly reading, when it should have been written down as a quarter reading. I may have wrote the date down wrong when to read the meter.  However I do know that I contacted bulb a week before the meter went in, that I am very sure of. Which would of been about the 27th, They have it registered that I gave a reading on the 29th of March. However they have an opening reading from the 12th of March.    Im confused with that date as I know I contacted them a few days before and they put the meter in as an emergency and was definitely done the following week. Despite my memory being shot at the moment I do have some dates written down and the date of the change is on my meter. However its a little hard to read, it does look like the 1st of the 4th but it can also look like the 1st of the 7th. I was with 2 previous companies so July would make better sense. I moved into the property mid January, EON was the provider and I changed that within the first month so would have been February, then I went with OVO and changed them as they couldnt provide the normal meter for about 6 months at the time so changed to Scottish power. I know I was with them for at least a month before I contacted Bulb as they also couldnt change the meter to a credit meter.    So April doesnt seem to fit here. Im still trying to find any paperwork I might have to verify all this but I know everything was done via phone and online. I wish everything went back to paper bills, it was so much easier to try and trace back.    Anyway they have done a closing account for the prepayment and im a little confused at this.   The charges from the 12th of March 2019 to the 4th of April 2019 are £376.91.     Now I know that there is no way I put this amount in the prepayment meter. I had no heating on in that month, I remember it was such a mild Spring and I rarely had any heating on as this bungalow is very well insulated. The most I topped up in just one week was £25. So how they can justify that amount, I cant even guess.    Im worried they will use this amount to estimate my usage. I still cant get to read my meter, even if I stand on a ladder as its so high up and it just looks like a bunch of zeros, Ive even taken a photo but it still looks like a bunch of zeros, even when blown up. It was hard to balance on a step ladder as it was with one hand trying to take a photo, so not the best.   Ive managed to get into a link they sent me, its a portal. The balance is showing nil owing. and there are no statements showing.    So basically all they have sent is a closing balance on the prepayment meter and log in details for a portal with zero balance. Ive requested the meter be read. Which I keep asking for, but my landlord will come and try read it for me so I can send it.  Im just worried when I do im going to get such a large bill I cant pay. These people just seem so elusive on what I should do despite asking these questions. The only answers im getting doesnt seem to make any sense.    I know its partly my fault, I should of kept at them, but its not been an easy couple of years. 
    • But they added £60 on top of the £100 before court costs Thanks though, how do i file a defence , do i do it by hand?
    • If the hire purchase agreement ends in your husband's name then it will be your husband who will have to bring any complaints, bring any legal proceedings – et cetera. Write to Blue Motor Finance in the way that I have suggested. Point out that you have asserted your rights under the consumer rights act to reject the vehicle and that is the end of the matter. Tell them to start making arrangements to refund your the money and tell them that you won't stand for any nonsense. If you have pointed out to them already tell them that there will be legal proceedings unless they sorted out extremely quickly. What have you done to get rid of the car? If you've got Blue Motor Finance's prevarication in an email that that is excellent and you will use that against them. This thread has already been tweeted out to them and they will see the tweet on Monday and they will understand that they are been discussed on social media – and that it doesn't look very good. I'm sorry to say that you have to keep the pressure on very hard. You expect this of these kind of car dealers. You don't expect it of a regulated finance company – but am afraid that some of the poorer ones do act like this all too often. You can certainly call them if you want. What you definitely want to see what a reference number and if you call them tell them that it is a complaint. You can also tell them that they are been discussed on social media. Please keep us updated. I'm afraid that this is unlikely to be the end of it.  
    • So got the official judgement  sealed on 15th June , but refers to handed down 9th June    doesn’t say when to pay by - is it 14 days of the 9th or 15th (to stop any enforcement) or 28 days from 15th or 9th to stop it appearing on credit file ?   also I’m hoping it’s the legal jargon -    bur says each defendant is to pay  £25,000 and interest £1644    I know I brought his up before , but it’s just legal jargon for each defendant is liable to pay for the £25,0”” and £1644    rhey don’t actually order us to pay 54,000 for a  25k claim ???!!    
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P2P Loan - Legal advice needed


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Hello, I am new to the forum and haven’t posted before so apologies if this is in the wrong place.

 

I owe £3.5K to someone who lives in Spain.

As my payments back to her have not been consistent over lockdown she now wants to follow a legal course of action to get it back, which I know she’s entitled to do.

I’ve never denied owing the money, and have been paying back what I can afford over the past few years but my health has deteriorated unfortunately and I’m not not able to work full time. I have no assets and no savings , and I’m petrified she will summon me to Spain...

She is also claiming that she’s going to sue me for Libel and slander, which I have absolutely no idea what she’s talking about.

The debt is in the UK as she transferred me some money around 3 years ago.

What can I expect to happen? 

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Hi and Welcome to the forum.

 

I would write her a letter and explain your current circumstances and that you are trying your best.....keep a paper trail  so you can prove you are not trying to avoid payments should it be required.

 

Whether she would actually issue a claim is unknown....but i she did it wont be for Libel and slander...unless she has very deep pockets.

Any litigation must be preceded by the Pre Action Protocol process.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Libel and slander are damned difficult to prove, not because of what is said or written but because the claimant has to show they have suffered materially as a result, ie lost thier job, failed to win a new TV contract etc.

In Spain it is a criminal matter, not a civil one so you cnat be sued for that in thier courts and in the UK it is a High Court matter so deep pockets needed to start a fight.

with regard to the debt, you  admit the debt and will be best served by putting your cards on the table as far as income and expenditure go as she can only gte what you can pay s best served by agreeing something rather than suing you as a firt resort. For your side though, you need to make some sort of arrangement, even if it is a small amount each month

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Hello both..

 

Thank you so much for your replies I appreciate it very much.

 

I haven’t received anything formally as of yet but have emailed her to say I’m paying X amount back now ( after not working during lockdown).

 

Can she summon me to Spain for the debt?


If so, do you know what the legal process is.

will I get a letter first or can she just take me straight to court?

 

The debt is in the UK as she transferred the money to me a few years back when I was unemployed.

 

With regards to the Libel and Slander I have no idea what she’s taking about but understand your replies, so thank you...

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She may decide to sue you...you reside in the UK..therefore are in the jurisdiction of the UK

 

Quote

will I get a letter first or can she just take me straight to court?

 

 

Already advised above ....look for Pre Action Protocol.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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