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    • Go to the slc website See if you can register and look at your file on their portal we have found lots of people can still view their stuff.    
    • See if this is in order please. I photo of the chimney and Hale Surveys remaining.   Bundle 24 JanM.pdf
    • Hi all,  A good friend of mine recently had a similar issue and this is my first car. I've had a consistent barrage of problems.  I purchased a vehicle from Beavers Cars Dealership - From Auto Trader.  This is a draft I've written: Dear Beavers Cars, I'm writing to you about the Audi A4 (2007) I bought from you for £3200 on Sunday January 09 2022. The vehicle had prior faults before purchasing the car, during the test drive the Engine Light came on.   This being my first car as I've recently only passed my driving test, Amir who dealt with me re-assured me that this fault is nothing serious. I phoned a friend who advised me that this is a major fault and that needs to be looked at.   Amir took me to a local garage 1 minute from the Offices and had a mechanic he knew inspect this fault. The mechanic advised that the throttle flaps are shown as an error code on his machine and need to be cleaned, he took the throttle flap device off to clean it, the fault still persisted, he replaced the entire unit which then cleared the fault. I spent roughly 3 hours in the garage trying to resolve the fault error codes. I then was shown that these codes were cleared and that its all now in good condition and working.   only test drove this vehicle at maximum of 40mphs and as it was central London taking it on the motorway was a long way away. I paid a £200 deposit initially on Saturday the 8th January 2022 and went to London on 9th January 2022 to check this car. Once everything was sorted at the time, I was convinced by a sales pitch of Amir that this car is road safe and I'm able to drive it back to Brighton with no issues. I paid the remaining £3000.   Upon leaving to the motorway, the engine was struggling and it was making a very seriously bad noise, the turbo was not picking up properly and it really felt like there may be something seriously wrong with the car, when I would pull up to roundabouts the car revs would flicker and the car would shake.   I then had it serviced and got a Carbon Clean on the engine and everything seems to be in order, it started to drive a little better, but I barely ever gone over 40mph.   I wanted to speak with Amir to discuss this and tried calling on the 20th January 2022, knowing I still have my rights under the Consumer Act 2015, but wanted to address the issues and find a solution. I was unable to get hold of him.   The third time I went onto the motorway on 22/01/2022 after going around 65mph the Revs just went to 5 and my car started to slow down, I was not able to push more than 35mph in a 70mph, which almost caused a collision. I luckily was only 20 minutes away from home and was able to come off the Motorway and get home safely.   During some of the inspections that I had the engineers that Amir took me to by Beavers Cars dealership is called Speedy's Autos. He said that the car is road safe and being a mechanic shop re-assured me.   Since I had the car, the drivers seat-belt would unclip from time to time, I was told the tread on my left front tire is below the legal limit. I've had the sensors, electrics and front and rear brake lights needing replacements by what it sounds like the Turbo completely went   and I should not have been allowed to drive this car back to Brighton. It put me and others at risk especially when they knew I've only just got my drivers licence and was still a new driver.   I would like a full refund for the £3200, I've already spent money on a set of new tyres, wheel alignment and brand new brake pads and brake disks and a repair on the seat buckle luckily the parts can be returned and wheels aren't due to be fitted until Monday 24/01/2022.   I've also already paid for Road Tax, Parking Permit and insurance on this car which I will have to sort out. . The Consumer Rights Act 2015 makes it an implied term of the contract I have with Beavers Cars that goods be as described, fit for purpose and of satisfactory quality. As you are in breach of contract and I've owned the vehicle for less than 6 years, I am within my statutory rights to ask for a refund at no further cost to me. I look forward to hearing from you within 14 days with details of how you plan to resolve this matter. Yours sincerely,   ........................     Any help would be appreciated.  I've sent this over to them via text to Amir who I been dealing with from Beaver Cars in Hounslow - I do not have an email for them.    Amir Beavers Cars 61 – 67 Salisbury Road Hounslow Middlesex TW4 7NW Dear Sir/Madam Ref: xxxxxx On 09/01/2022 I purchased, and took delivery of, the above vehicle an Audi A4 Avant 2007 from you. On 22/01/2022 I discovered that it was not of satisfactory quality: the turbo cut out and car would not go over 40 mph, even after restarting.   The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract.   I am legally entitled to reject the vehicle and to be reimbursed the original purchase of £3200. I look forward to receiving your cheque or banks transfer refund to my account: xxxxxx – Account Number: XXXXXXXX Sort-code: XXXXXX the total sum of £3200 within 14 days. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you. Yours faithfully   If they refuse to refund me, what would be my next steps? Thank you
    • The mediation went ahead in the first week of January and I was surprised at how confrontational the mediator was.  The call started on time and as usual I was asked to briefly explain the situation which was pretty standard.  Item posted using Hermes – item never made it from pick up to depot, Hermes deny any responsibility.  I was asked if I understood the mediation process and to confirm that I agreed to compromise.    I said I was happy to participate and that by way of compromise I would be happy to forgo the interest – but that I was looking for the full verified value of the item (sold price plus postage minus the £27 unilaterally paid by Hermes).  I went through the reasoning explaining the unfairness of the policy whereby the customer is asked to take out insurance to protect Hermes from its own negligence and criminality etc. and sat back waiting for the mediator to respond saying she would now speak to Hermes.    She didn’t.   She explained that this wasn’t a compromise, that mediation does not work like this and that she was ending the call and that I should now continue through the court.  I insisted that she puts my offer to Hermes but she refused.  I then knocked 10p from my demand which she could then not argue was a compromise and which forced her to communicate with Hermes.    I was on the call for about 30 minutes – I’ve read on here that others have ended the call and been rung back several times – I was placed on hold briefly during the mediators exchange with only a minute or so between interactions.  The frustrating thing is that every demand I made was immediately accepted by Hermes and it was the mediator who was the obstacle – at one point she even advised me that Hermes had no obligation to pay the costs and that I shouldn’t press for that.  I ended up negotiating it up to £350 which is £18 short of the total claimed; but to be honest I was past caring at that point.   It is of note that Hermes exploited every deadline and have made the process as long as possible.  I had to provide them with my bank details within 5 hours and they then had two weeks to make the payment which they did on day 14.  I’m happy with the outcome and that I forced them to pay but it’s frustrating that a company is obviously training their staff to treat their customers with such obvious contempt.    I will never use them again and have already bought something on-line from a company but only on the proviso that they don’t use their usual shipping solution (Hermes) – to which they agreed.   Thanks for the great work on this forum and to all who are taking action against Hermes – keep it up!!
    • Hi    Thank you very much indeed Mantis .  I really really appreciate your advice.  He had high blood pressure Thursday so I left it, but told him I had good news from CAG and arranged to meet up with him on Sunday to go through this matter.    Thank you again    Have a good weekend  Warm Regards  W.
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Repossession Hearing - Santander ***Suspended***


NYGIRL
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Hi,

I’m hoping someone can help me understand what is going on with my mortgage lender.

I fell into 4 months arrears but have a repayment arrangement in place for the mortgage amount & to clear the arrears this was arranged by another organisation who work on their behalf.

 

I have now received a court hearing date letter for 20th December for a possession hearing and I’m really confused as to why I’ve received this.

I’ve contacted the organisation I arranged the repayment plan with but haven’t had a reply yet.

 

What is the best thing for me to do now to get this resolved? 

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What organisation?

 

 

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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Do the same as you did in 2015

Go read that thread. Click your username to find it.

 

Also reading that thread, you always seem to liaise and pay? A 3rd party. Id be communicating and paying satans bank directly. Not through i 3rd party, which continually seems to go word for you??

 

another observation??.. You appear? To cease payments whenever there is an issue?? Dont, keep paying as was till the new order gets in place.. Sorry if i misread that bit and i' m wrong..

 

Dx

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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Thanks for your help. 
That post was a different lender but it seems it was a similar situation although it was a long time ago so I didn’t think it would still be there.


Just one more thing:

If I am struggling to attend the hearing date (due to work commitments) they have given can I get it changed at all? 

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Ring the court directly and ask what to do.

 

Yes i realise it was a diff lender in 2015, is that spo still in place?? 

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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Thanks.

 

Yes that SPO is still in place.

 

Aberdein Considine have replied to say that as long as I continue on my repayment plan the possession order should be suspended. They note I have kept to the repayment plan.

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good.

 

is ittime to look at tyour overall finances?

 

if you are paying dca's etc on other non priority consumer debts, that might not even be enforceable ,do we need to investigate those for you?

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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Hi, you should go to the hearing if at all possible - if you don't you will have no idea what the lender tries to get the judge to agree to.   There is nothing to be afraid of at the hearing it's just like a meeting.  

I  don't understand why they ate applying for a judgement when you have been paying consistently - or have you missed any payments?

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I was intending to go as I realise it is important.

 

I don’t understand either. The arrears are £1,609 and I have made all the repayments since the arrangement was made. The repayment plan includes my usual mortgage payment & roughly £60 towards the arrears every month. 
 

Aberdein Considine have stated that because the time limit had expired to get a repayment plan in place they have been instructed by Santander to carry on with the court proceedings.

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sorry, double post

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OK,   well I think you should definitely enter a defence - I can help you with that - there is absolutely no reason for them to ask for a suspended possession order when you have made all payments under the arrangement.  How many months mortgage payments does the arrears figure represent ?

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Did you get notification from the court of the hearing on 20th December ?  if so you should have a defence form in the pack - N11M.

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Did you get notification from the court of the hearing on 20th December ?  if so you should have a defence form in the pack - N11M.

 

That's unusual -  however we can just do a defence and you should hand it in to the court at least a week before the hearing.  Do you have a printer and able to edit Word documents ?

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I thought it was unusual too. 
 

Yes I do have access to a printer & also can edit word documents.

 

I have emailed the court to ask if they can change the date of the hearing as I’m supposed to be at another office on the 20th & 21st for work. I did call twice but no one answered.

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You need to keep on at the court as they will have to obtain the agreement of the lender to change the date and I wouldn't count on them agreeing - in which case you will need to ensure you can have the time off to attend.

 

In order to draft a defence I need you to answer the following:

 

Is the mortgage in joint names or just you own ?

Are there any children living in the property ?

How long has the mortgage left to run ?

How long has the agreement to repay the arrears been running ?

Do you have written confirmation of the repayment arrangement?

 

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ok thanks for the heads on the court date. 

 

Below are my answers to your questions:

 

Is the mortgage in joint names or just you own ? Just my name

 

Are there any children living in the property ? No

 

How long has the mortgage left to run ? 3 years & 8 months

 

How long has the agreement to repay the arrears been running ? 4 months

 

Do you have written confirmation of the repayment arrangement? Yes from Aberdein Considine

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Hi, thanks for the info.    I have affixed a budget sheet which you will need to affix to the defence so the judge can see that you are able to afford the payments you have agreed to make (the budget sheet calculates automatically as you fill it in)    Please let me know when you have completed it and I will complete the defence statement.   You will also need to affix a photocopy of the letter of agreement for the payment arrangement.

NY Girl budget sheet.xls

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Use open office if you don't have msoffice it's free

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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Share on other sites

Hi, thanks for letting me know.

Just one more thing -  what was the reason for your falling into arrears ?  the judge will want to know the background and how you came to recover the situation.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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