Jump to content


  • Tweets

  • Posts

    • First of all, I'm not sure why you want to given 30 days to do the repair. It is excessive. I have the sense that you feel that you have to be reasonable in order to gain the approval of the court if that's the way it goes. You certainly should be reasonable but 30 days is excessive. Frankly I don't think that you should get the vehicle repaired by Cinch. They have undermined confidence. They have been notified of your quotation and the cause of the problem and they either haven't responded or they have declined to help. You have no way of knowing that if they are allowed to touch your vehicle, that they will do a quality job. I would suggest that the best thing to do is to get the vehicle repaired and then send them the bill. One them that this is what is going to happen and that if they don't pay you within seven days of receiving the bill then you will sue them. So I would book the car in for repairs on a date about 10 days from now. I would then inform Cinch in a letter of claim that the car is now booked in on XXX date. They have already had the inspection report in the estimate for repairs. You're paying the bill and seven days after that if they haven't reimburse you against the bill which you will submit to them, you will have them without any further notice. This will give them about 14 days to respond with the payment. You will have your car repaired and if they refuse – which they probably will – then you issue the claim papers without any more mucking around. If this appeals to you then draft a letter of claim which expresses this plan. Book the car in tomorrow for the work. Once you know the date then jiggle the dates of your letter around so that Cinch have 14 days before you sue them
    • TINY applies here... tough It's Now Yours.  its a person to person private sale  it's not covered by any rules/regulations at all. even if the MOT was fraud a county court claim is not the place to address this issue and most certainly not using the seller as any defendant against such, nor using it as an excuse to try and get out of buying the car and getting a refund. the claim is a dead duck. simply do AOS and file a defence stating this was a private sale between 2 private individuals, the car was test driven and the buyer found no faults nor were any aware of by the seller. dx
    • You can try & persuade them not to prosecute even up to minutes before the case is heard, approaching the prosecutor on the day. IF they agree, you’d have to be able to settle the agreed amount there and then, not by payment plan. You may find it hard to persuade them, but no harm in trying if your aim is to avoid a criminal conviction (which isn’t the end of then world…. Check out the NACRO and Unlock websites) if you don’t get offered an admission instructive settlement and it goes in front of the Magistrates Bench it will no longer matter about persuading TfL you won’t reoffend The circumstances might be offered to the Magistrates in mitigation, but in terms of if they find you guilty or not, it will be in the facts of if you failed to show a valid ticket when asked (which you didn’t, and it doesn’t seem you have any of the statutory defences, so a conviction seems inevitable IF TfL don’t agree an administrative settlement as an alternative to prosecution)
    • copy of some lease pages-compressed.pdfHello Lolerz I have uploded some pages of the lease. Working on some other paperwork but only have my phone so finding it slow.  
    • Thankyou very much for your help. There was no oil leak when it went for the mot and the buyer said the oil leak was after it broke down so around 10 days after he bought it. He said it had been taken to a garage who said the car had the hole in the engine block and believed it was a fraudulent mot. But we haven't seen any report.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

can I challenge this at this late stage?


maybelline
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4991 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My finances are in a mess but I believe it is because I have always had a very limited income which was manageable until the banks etc decided to start charging every 5 minutes for the slightest thing. Stupidly, years ago, I entered into a secured loan with Welcome Finance, it started as a car purchase needed to get to work over time they offered me increases and I agreed, when I lost my job I had trouble. I have managed to get my monthly payments reduced but is still hard to manage on benefits. Each time I signed up for a new loan, it attracted a £1000 charge, I cant remember what it was called but to protect them if my house was repossessed they said, even though I only increased the loan by about £2,000 on each occasion I was charged and owed £13,000 in all. There was always lots of equity in the property so wasnt sure about this charge and the reason. When I got ill, they put me under a lot of pressure but have said I can settle at around half owed but I do not have a lump sum to offer either. I signed contracts not fully filled in at home, I think this affects my rights too.:rolleyes:

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

Firstly, you will need to do a DPA SAR request to your bank who charged you the charges putting you in the debt position in the first place.

 

Secondly, do a DPA SAR request to welcome finance to gain full details of the original loan and subsequent loans.

 

Once you have the full details you will be in a position to calculate what the bank owes you to start with, and we can look at whether the £1,000 charge you refer to per loan is a fair term within the contract.

 

There may be a possibility that you can sue Welcome Finance for irresponsible lending, but you will need complete details of your income and expenses to calculate disposable income. This will come with your DPA SAR request from the bank. WF should have considered whether or not you could afford the repayments before giving you the money.

 

Take this a step at a time. It will be quite complex and may prove to be a difficult process, so be prepared if you want to go ahead. Keep a file with copies of EVERYTHING.

 

Let me know what you decide.

Good luck,

Vamp.:)

[

Link to post
Share on other sites

thanks for your response, I think I will need a lot of energy for this, am going to tackle the bank first, just drafting letters to local council also. I dont think I should try everything at once cos I know I wont cope but I will make a start:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

Welcome Finance are beyond a joke. I stupidly took out a car loan from them in 1996 over a four year term. I realised in 2000 that the loan should have been paid up a couple of months before so I phoned them and asked why they were still taking payments and they told me I still owed over £5000 (I only borrowed £3500 and didn't miss a single payment!) It took months to sort it out with them.

 

Anyway, that doesn't help you in the slightest but good luck anyway...:) Make sure everything is done in writing and documented in a clear and concise manner. They really can't be trusted.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

Link to post
Share on other sites

Welcome Finance are beyond a joke. I stupidly took out a car loan from them in 1996 over a four year term. I realised in 2000 that the loan should have been paid up a couple of months before so I phoned them and asked why they were still taking payments and they told me I still owed over £5000 (I only borrowed £3500 and didn't miss a single payment!) It took months to sort it out with them.

 

Anyway, that doesn't help you in the slightest but good luck anyway...:) Make sure everything is done in writing and documented in a clear and concise manner. They really can't be trusted.

 

thats interesting - my car was only £3000, then I stupidly paid it off but it cost £5000 to clear the interest on top, to secure a new loan to sort out arrears with another dodgy outfit (used to be I Group) as I was in danger of losing my home, I know people will say its your own fault but all the time I now realise I was afraid and didnt really know my rights, the interest is phenominal and now owe £13000??:(

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

  • 2 weeks later...
A good idea. Good luck.

 

You say it was a while ago, but I'm assuming here, this all falls within the last 6 years.

yes, it was in the last six years but as it is secured on my home I cant do anything to risk it, but it started out as finance from a car dealership. i increased the loan twice I think (?) they sent the money to GE as it was to stave off the threat from the mortgage lender, I paid a fee plus MIG although my mortgage is for about a third of the actual property value so no chance they wouldnt be covered if it was sold. I have just negotiated a reduction in my arrangement as I have been struggling, will this weaken my position at a later stage I wonder.:confused:

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

decided to send DPA request after all, will be interested to see what turns up?

 

What powers do secured lenders have (assuming you are up with payments) if they have defaulted you in the past but made an arrangement and accepted a reduced payment, can they pursue repossession just becuase they feel like it or on the grounds that the account has not run smoothly?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

  • 3 years later...

Won This Some Time Ago!!!!!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

there are several WF threads on cag, one or two follow my case, we went to court for prelim hearing, I used a solicitor - eventually we settled, also look at unenforceable agreements, this was the main point for my case, good luck.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...