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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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German Car Shop , Leicester - sold unroadworthy car - won't take it back


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Hi

I purchased car 5430 f on 22 may 2021 .

 

Within week I discovered faults : vibration , rear brakes down to metal , no oil / filters provided as on advert .I got official report from garage .

Dealer didnt accept that report.

 

Apparently I bought on trade basis but I m not a trader .

Dealer didn't agree for refund or repairs ( accused me of knowing MOT tester on personal basis so he rejected MOT results , telling me to go his chosen garage which was some kind of non accredited  / non established garage on residential street )

 

In the end I did MOT at my chosen station  which confirmed faulty brakes and vibrations which needed further investigations plus some part need replacing otherwise brakes will go to metal again very soon.

 

Also recently I paid 3 hours labour 90 f to find out about reason and cost to repair vibrations. 

 

Before MOT repairs I accepted 330 pounds so called "goodwill gesture to end the matter" from dealer which I covered repair for brakes ( total bill 327 f plus 35 f mot ).

I only accepted as dealer warned me when I contacted him deal is only valid till midnight and if I go to to court he will make himself available beginning next year the earliest.

 

Dealer thinks its over but I believe he limited and restricted my customer rights - 30 days to reject faulty item by creating that settlement and tried avoid his responsibilities from the beginning.

 

I m now look for some advice please

 

 

 

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i will gather english is not your 1st language, so i've corrected your post above to make it easier to understand.

 

can you name the dealer please.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to German Car Shop , Leicester - wont take car back even though faulty.

Okay this thread has history. I'm pleased that you have come back and that you have decided to try again.

So that people understand where we are, you bought a car for cash about 150 miles away. When you got it home you found very quickly that it was not in roadworthy condition. I advised you put it through an MOT and in fact it failed the MOT, particularly because the brakes were down to the metal. This is clearly a very dangerous situation and you were advised no longer to drive it. Selling you that car was an offence committed by the dealer under the Road Traffic Act 1988.

I think you were also given advisories on the MOT – in particular the tyres which apparently were at the edge of their useful life and also I believe that there was a comment that the brake cylinders were extremely stiff and say they weren't withdrawing smoothly which meant that even though the brakes might be changed, they would soon be down to the metal again.

I understand that you have had the brakes done and it has been MOT' d again and it has passed but with the advisories which I have mentioned above.

There were also vibrations and I understand that this is now been investigated and it seems that it is a problem with the fuel injectors and that you have received an estimate for repairs and the whole repair bill is something like £2500 – although maybe you need to confirm this for us.

I recall also that there was an extensive exchange of messages between you and the dealer. They were extremely threatening and you were very frightened and that eventually you got so concerned about the threats they were making that when they offered you £300 in settlement of everything, you accepted it.
I've already pointed out to you that this was a mistake. However, the circumstances are such that I think we may be able to overcome that.

Please can you let us know whether this is an accurate summary of the events so far.

Have you kept all the messages that were exchanged? If you have then you should make sure that they are fully saved and also printed out. Can you do that? It may be easiest if you forward them to yourself by email and then print them out. Can you do that?

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Thank you for explaining the story, BankFodder

 

 

Brake calliper not brake cylinders

Total bill yes around 2500 £ that including 330£  from dealer .

I totally forgot I paid 70 pounds to the guy who took us from Hull to Leicester (  I dont have receipt for that ) 

Yes I still have messages .

 

 

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Okay. Print out all the messages and start opening a file and put them into your file and make sure they are properly organised.

Are you able to use an Excel spreadsheet? If you can then start indexing your documents as described in the advice we give on organising your court bundle.

 

Monitor this thread for a further apply tomorrow.

Please make sure that you are fully up for this because I expect that they will give you a bumpy ride. But if you stick by us this time, you can see it through.

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I m not into Excel at all  but will try my best . 

I m expecting the worst from Dealer ,  I think nothing will surprise me anymore ,  so I m ready for it . 

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Well doing a very simple spreadsheet like this which isn't calculating it's just for keeping a list, is extremely easy and you will probably get the hang of it very quickly.

If you don't have Excel, then try OpenOffice Apache which is a free spreadsheet program 

 

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Hi

I have been prepairing documents . So at the moment there is no need to inform car dealer about stuff ? 

So I  will be waiting for further instructions  . 

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In the next couple of days so we will simply prepare a letter of claim and send it to him.

I don't see this any point in beginning a load of new correspondence.

I think simply a letter of claim and then issue the proceedings. Once you have sent a letter of claim, you will have to you brace yourself for a load of angry messages. You should not reply to any of them that you should let us know about every one of them.

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  • BankFodder changed the title to German Car Shop , Leicester - sold unroadworthy car - won't take it back
Posted (edited)

Today I left  review about dealer and my  very bad experience with him  on website. He rang me angry started talking why I did it , as I accepted his settlment  , I put phone down , then he  tried ring me again from private number I didnt answer.

Edited by Cyrylbea
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Did you make any mention of the action that you are now proposing to take?

I suggest that you don't put up any more reviews until after it's all finished.

In the meantime, before we start doing the letter of claim, please will you go to the County Court money claim online MCOL website. Register an account and start preparing your claim. You can save your work as you go. You can start identifying yourself on the website and also the defendant. Do as much as you can do that the important thing is to understand the MCOL service a bit and to get comfortable with it.

It's quite straightforward.

Let us know when this is done.

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Posted (edited)

I m on Money Claim website , been asked about name of organisation  (claim is against organisation ?)  German Car Shop is it enough name ? 

Edited by Cyrylbea
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What does your receipt say? What is the name of their website? What name have they been using in their messages to you?

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That's who you sue

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And by the way, you need to be very careful about the postcode.

Their website has at least two different postcodes. One of them are certainly not correct.

 

Also against their Google entry they have yet another postcode which is also incorrect.

Also the company name which is given on their website is not the correct registered company name. I have a feeling that this company could be quite slippery to sue and also to enforce judgement against.

 

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Posted (edited)

I understand . I also noticed diffrent postcodes  , thank you for advice  . I noticed my bad review gone and dealer put good review using my name and city I came from , he is writting good reviews himself I think  , how pathetic .

 

 

Edited by Cyrylbea
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If the dealer has put a good review in your name – please take a screenshot of it.

This is extremely important

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If you find the review, then use your "print screen" key – prtscr – on your keyboard and take a screenshot.

Do it again using the control key and screenshot

Make sure you get a copy of that page. Where is the review? Can you link us to it please

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In fact don't worry, I have found it and I have downloaded a copy

AGA review.pdf

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  • 2 months later...
Hi
Its been over  2 months  since my last post  here and over 4 months since I bought car   and I dont know whats to do regarding the Car Dealer.
 
BankFodder promised me help in writing letter of claim before taking court action but I havent heard from him since end of August.
 
 I did everything BankFodder asked me for  ( paid 90 £ to  find out cause of car  vibration , prepared emails and text messages in pdf format , registered on MCOL , etc) . I value and appreciate advice from Bank Fodder.
 
I know I have chance in court and I want to take that risk . 
Even If I loose at least I tried.
 
I would like to ask  you for help and  advice .
 And sorry for my wording English is not my first language.
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Quote

BankFodder promised me help in writing letter of claim before taking court action but I havent heard from him since end of August.

 

Nor we from you :-)...actually BF posted July 24th and you 26th July.

 

There are plenty examples of how to draft a Letter of Claim or Letter Before Action.

Have a go and post it here for opinion.

 

https://www.google.com/search?client=opera&q=Letter+of+claim+examples&sourceid=opera&ie=UTF-8&oe=UTF-8

 

Reagrds

 

Andy

 

We could do with some help from you.

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