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  1. Thanks, is there a template available which tells them they have failed to compy with the consumes act and the LBA, thanks
  2. once the engine was replaced they returned the car on the back of a flatbed, a few days later collected the car to fix the body damage, apparently the delivery guy drove it onto the flatbed and hit the underside of the front bumper on the ramp and snapped the headlight mounting, as well as misaligning the grill (nose) from the bonnet so much so that the bonnet would not close. after the nose was realigned, nothing else was fixed, they took it upon themselves to send it in for the MOT which failed. I don't understand why the MOT check was done as there was only body work done. MOT failed on rear Brakes and falls under the new rules as dangerous and cannot be driven before it is fixed. When they replaced the engine they replaced a 1 inch piece of wire on the fan and charged me £100 claiming the fan was the cause of my engine failure in the first place, I know my engine failed due to timing chain, AA diagnosed. So I am a bit reluctant to pay them for brake repairs and recheck of MOT. I have looked up this garage and found a number of bad reviews on Honesjohn and AA forums, unfortunately I didn't find these before I sent my car in. https://www.honestjohn.co.uk/forum/post/index.htm?t=85360
  3. I paid through Paypal with a debit card attached to my paypal account. Paypal advised them to request the case be closed. I closed it but arranged with paypal that I get 14 days to reopen. Paypal now have a ticket open escalating the case to senior management and will update me in 72 hours. My concern is , am I poking a hornets nest if I start down the court route. What happens if the garage removes the engine and leaves my car and engine outside their premises, refusing to deliver.
  4. can someone please advise. I sent my car to national engine center to have the engine replaced. the car was returned with body damage and had 30Miles extra on the clock. I paid for it through paypal and after opening a dispute this garage finally agreed to take the car back on condition that the paypal case be closed, they agreed to repair the list of damage I provided and within 7 days return the car. on day 14 they sent the car in for a MOT without consulting me first, the car failed. it has now been 3 weeks and they won't return the vehicle, they say I can fetch it if I want as they are waiting for an order from my area and only then will they be able to deliver my car. the only way I have of fetching this vehicle is to have it transported, something they should be doing as this was the agreement they entered into on Paypal and it is part of their service they offer. They wanted to drive the car to me from Cardif to outer London (without asking me). Every time I speak to the Owner he threatens to remove the engine refund my money and return the car with the original engine on a pallet. so I am in a bit of a pickle as to what course of action to take, and how do I get them to just bring my car back
  5. I think the court rout would be best as I have seen most people get as far as filing the papers with the court, at this point Cap1 tend to pay up. I just need to get the wording right so as not to further delay it by miswording the letter.
  6. I found the other half of the letter (page 2) it says that if I accept the offer then fill in the attached form and send back within 14 days. since the 14 days have passed, can I assume that I can send them another letter I have found one on the internet please let me know if it should be changed in any way before sending. Thanks Dear Sir/Madam, AC/ No 1234567890 On 07-05 2013 I sent you a letter regarding the PPI policy I was sold by you, Capital One in conjunction with my application for a credit card. I have since received your reply and note that you have offered me £557.32 as settlement. I do not believe that this amount is sufficient to cover a refund of all premiums and subsequent interest on the payments that I have made towards this policy plus an addition of the 8% statutory interest to which I believe I would be awarded by a court. However, if you were to increase the settlement amount to £ 1818.18 that of which was originally claimed for in letter dated 04 April 2013 I would be willing to accept the offer and to close this matter. If I do not receive a response from you within the next 14 days confirming that you are willing to increase your offer as requested I will be taking my complaint to the Financial Ombudsman. Yours faithfully _______________
  7. I Still keep up with payments, the credit limit is 1000 outstanding is about 450
  8. the date should be up until 04-04-2013 [ATTACH]44349[/ATTACH]
  9. I have sent in a claim for missold ppi to Capital One , dating back to 2002. I filled in the spreadsheet FosCISheet. using 29% apr the amount totalled £1818.18. Last week I received a letter offering me a settlement of £557.32 of which the 8% added will be taxed at 20% deducting 17.13. is there a letter (sample ) I could use to deal with their reply. I have about 6 days to reply to this letter before they consider it settled. below is the part of their letter which contains the important bits Dear sir/madam Thank youfor your correspondence bla bla bla Our investigation I am sorryyou have had cause to complain – bla bla bla The outcome As a resultof my investigation I am upholding your complaint. I have decided to refund thefull amount of PPI premiums and associated interest charged to your account. The total redress payment is £557.32, which is the total of £265.92 inpremiums, associated interest of 222.84 and a further 8% interest of £85.69. Wehave deducted basic rate income tax of 20% on the 8% interest element, whichequated to £17.13, as we are obliged to do by HMRC. If youraccount is in arrears or over its credit limit, any refund will be set offagainst the arrears or over limit amount to bring your account up to date. The remainder if any will be sent to you by way of cheque.
  10. I am in the process of moving out and have had 7 years of on-going problems with my landlady, recently I spoke to one of her other tenants whom she is evicting, this teneat informed me that the landlady had discussed all my personal and financial details with her, this other tenant also knew almost everything about my circumstances for moving, my son's medical condition, and my financial situation. I have never met this other tenant before today so it would not have come from me. can anyone advice me on how to deal with this as she has also been telling me about the circumstances of some of her other tenants.
  11. Myself and my wife have two credit cards between us credit card 1 is at £3826 of the £4000 limit with a min payment of £150, credit card 2 (wife's) is at £756 of the £800 limit min payment is £37. I always pay £200/pm on card 1 and £100/pm on card 2. I have been trying for the last year to pay the balance but unfortunately I have also had to use the card to survive, although I only use the card as a last resort. I can see that within a month or two both cards will be maxed out and all I will be paying is interest with a few pound just keeping the cards from going over the limit. Is there a way for me to cancel the cards, freeze the interest and pay the cards off monthly at say £100 p/m. I have read a few threads here where people discuss freezing interest but cannot find anything on cancelling an active account.
  12. Thank you for this I have just read through the tenancy agreement and can't find any mention of increases. regarding the visits the only entries I found were the landlord must give 24 written notice for any inspection and 24 hr notice within the last 28 days for viewing purposes for new tenants. no pre action letter sent. I must add she did pay us a visit today and gave me a list of new calculations this time with the correct figures from the council, although the figure dropped to what looks close to what I have worked out as being correct she added a further 1700 according to her this is what the council is claiming from her yet they are already deducting an overpayment from my contribution, my wife is going to the council tomorrow to see if there is any and all outstanding overpayments. she given me in writing that she will compensate £500 for the hot water/boiler problems, there was no mention of the two rooms conservatory and washing/boiler room being unsafe for up to 6 years.
  13. the tit bits are answers to questions posted, I did not realise the amount if information needed on this site. My wife is mentioned as she is on the Tenancy agreement and to give an idea as to the nature of the LL The S21 was issued although the LL says she will not follow through with it, I don't believe her, but that will be another matter as this court case is about the outstanding amounts. Regarding the Carer Allowance, My wife was registered as a carer to my son until the Gov changed the rules on disabilities at which point my son's condition was deemed not a disability and therefor the allowance stopped, the council were notified of the change of circumstances yet did not remove it from their calculations when determining their contribution. As soon as we received this document and noticed the discrepancy we asked the council to rectify it have a new reassessment done during this time they had already paid a reduced amount to the LL
  14. Thanks she is being paid direct. She dropped her calculations in the post box in my door, she called me on the phone later that evening and asked us to leave as the amount was £9000 I told her I will go see the council as the amounts didn't seem right and true to word the council verified this with a printout of all payments for the full period she is claiming for. she then visited a day after submitting the court claim indicating she has a copy of the council payments with the amounts the council has paid, she also has on her list of calculations 59 months of 1150 totalling 69000 already there is an error as 59 months will be 67850. she is of the belief that she has full access to the council, and if she drops a few names here and there no one will question her she does this with my wife. My wife is very timid and does not like confrontation and fears my son and her (including me) will be out on the street if we oppose the LL, The LL plays on this and comes to my house only when I am at work so that she can deal with my wife.
  15. she has issued a section 21, I only found out about the outstanding amount when the LL dropped her statement of figures through to post box. the outstanding amount would have come about when the council included a carers allowance in their assessment, one which was cancelled over a year ago, they have rectified it since
  16. do I do this online and if so do I complete the defence part, I don't want to complete this online version only to find it is too late for the counterclaim and need to add additional info to the defence. I also don't want to be caught unprepared when this goes to court an not have all my ducks in a row
  17. this landlord has several houses all of which have tenants who are getting council assistance from partial to full rent paid. she claims another tenant owes her up to £20K and because of the way the council pays her she cannot keep track of the payments by council, she bases her amounts on letters received from council and not from actual statements, after this was filed with the courts she paid us a visit and informed of her intentions and revealed that she has now got the payment records from the council, I assume she now she is aware of the true amounts the council paid. The reason she also wants us to stay in the property is that she gets rent on the property and it is kept in good condition unlike her other properties according to her.
  18. none except her account in a spreadsheet of my payments to her bank and the council payments this I assume she has already submitted this to the courts, My payments seem to tally up with hers but the council payments are way out, she claims that as she has a few other houses and the council pay all her tenants in one payment to her account.
  19. she called a few days ago saying she wants us out due to the arrears being £9000 I told her to put this in writing and to this she says she will issue a section 21 eviction notice.
  20. I went online and started the 7 step process but stopped when deciding on my grounds for a counterclaim, We have been listening to this landlord's advice from the beginning especially since she knows or claims to know half the council housing staff, she even advised us that increasing the rent from 950 pm to 1150 would not affect our rent contribution as as the council will pay the difference no matter what it is. in my mind this is defrauding the council
  21. [ATTACH=CONFIG]41199[/ATTACH] Attached is the claim form issued from the court The landlord says this is the first claim she is submitting. I assume this is because there is a limit on how much you can claim at a time
  22. I need some advice, My landlord is taking me to court for rent arrears etc. my story is such, I receive housing benefit of £500 toward rent of £1150 my part is £650 I have been in the property for almost 10 years, I must admit I have on occasion been short on the rent but have caught up, the court case is for rent going back to 2008 the amounts the landlord claims the council has contributed each month is £139 resulting in an outstanding amount of £9000 this is what she is sueing for. I have obtained a complete record of the correct amounts paid by the council which bring the amount down to 2030 owed. the landlord told me not to do anything with the documents from the court for 14 days as amendments need to be made. I read the court documents when they arrived and leaving it for 14 days would mean I agree with the landlord's claim and am liable. I need to know whether I have grounds for a counterclaim and what my legal standing is for 6 years the property has been in disrepair where a room (washroom) was unusable and the conservatory was sinking for two years making this unusable. if I divided the property up into sections the house making up 8 rooms a garage and garden would make that 10, divide this into the rent and it would be £115 per section, as I have not been able to use two of these sections (rooms) can I counteclaim for a refund in rent for these two rooms. where do I stand with the landlords failure to produce gas safety certificate in the last 10 years bar one in 2010 and another a day after placing the court claim. If anyone is wondering why I stayed in the property it is because there is no deposit on this rent and I would need to find the deposit for another property. Right now I have decided that enough is enough and need to get out of here. this landlord has several other properties of which the landlord informs me of their circumstances.
  23. hi I have been giving myself a headache trawling through all the these threads looking for the right spread sheet and right templates. I have already sent the SAR to cap1 and received the reply docs with the statement, The problem I have is that they only sent statements going back to 2005 yet the card was opened in 2000, now since it has been ruled that ppi is unlawful how do I go about claiming from 2000. I did read somewhere that I should sort out the SAR documents before starting the actual claim or I could be left with a new claim. is there as template letter to request for older statements out of curiosity can I take the monthly ppi £2.02 charged in 2005 and apply it to each month going back to 2000, in indicating in the reclaim letter that "due to your failure to provide all the information on ppi payments dating back to the date the account was opened I have applied the amount of £2.02 obtained from the earliest statement you have on record." the wording could do with some work.
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