Hi all A couple of years ago I left my work after being diagnosed with 2 neurological illnesses, this meant I could no longer work and am now on a long (3 year) ESA award and am awaiting a PIP assessment in a couple of weeks (thats another story sigh) I owed £300-400 to Capital One and due to the illness, depression, hospital stays and lack of money I just stuck my head in the ground and ignored everything. Today court papers arrived from Lowells (attached) apart from filling them in online what else do I do here? The debt is only 2 years or so old so not statute barred and probably half of it is fees and interest I think as the original debt wasn't that high. Thanks for the help

I did come to the forum sooner I said this was a simplification of the long running thread because no one was replying anymore. I did start dealing with everything then and I followed as suggested unfortunately the trader has made life really hard, lied on numerous occasions I won't go into it all again. The bankruptcy only cane to light when he filed his defence, he lied repeatedly about that, he said he was resigning for personal reasons on top of that as I said I am extremely ill so I've been dealing with it as best I could. Tbh I don't think speaking to me like a child is very fair at all, going back to my profile to look up my membership length then tell me off tbh feels rather ott no? So the fact that I have it in writing that my reasons for rejection are not accepted, not to mention it's the director that's bankrupt the company isn't he's just effectively walked away from it. I can't walk away from it as it stands the car is worth over a grand as spares when your income is ESA I'm sure you can imagine that's a LOT of money & why should the garage be able to take it to recover any money they claim they're owed. I'm sorry if you didn't mean to come across that way & I've taken it the wrong way but I don't post on forums lightly as I don't like social interaction much and I don't like being accused of things & defending myself. I just wanted some advice without the attitude Also I suffer from 2 neurological conditions so calling someone you don't know crazy whilst not deliberately malicious as you don't know me that's the situation that can occur & is rather hurtful nonetheless. I'm not naming anyone until it's sorted as I don't want anyone to know what is going on given how awkward the OR, the director & the garage are being Thank you for the helpful suggestion I will write to him tonight & see what happens

No he refused to accept the rejection (in writing) & we never got our £3000 back so seeing as the only way of recovering a tiny fraction is to get the car back that's what we're trying to do. I know the storage charges are the Ltd Co's as they arranged it (at least that's the logic I had in my head lol), but I'm trying to explain it to the garage who are claiming I need to pay & have refused me access (again in writing). I don't really know how to deal with them, what laws to quote, who to go to etc No one is contesting my ownership of the vehicle

Ok sorry 1. Bought a car from limited company in June 2. Spectacularly failed in July was returned & rejected 3. Lots of arguments I was blamed for damage by Ltd company etc 4. Issued court papers after director resigned from company & said "eventually will be struck off" basically walked away from his limited company & he moved car to the local garage he paid to do his repairs - no mention of fees & assumed car was his at this point tbh 5. In Nov 15 only director filed for bankruptcy 6. Am now attempting to recover car from the 3rd party garage where it is stored but they are claiming that I owe them £7/day storage fees. Does that make it any clearer? To be honest at this point I'm just trying to retrieve the car from the garage where the limited company decided to store it but am being refused access and car is being held hostage racking up more & more fees on top. Not trying to elicit sympathy just fill in the financial situation but I'm extremely ill & my income is ESA & the car is worth no more than £1000 as it probably needs a new autobox. I've had a quote of £100 to bring it back here & am prepared to do so at a moments notice but am being blocked.

Ok not getting replies on other thread guessing length & protracted look putting people off & situation changed so.... 1. June bought new car 2. July car broke, rejected & returned to vendor 3. Various arguments etc no refund. 4. Vendor moves car to 3rd party garage tells me (no fees mentioned) but not bothered as rejected car already. 5. Ltd Co goes under, director goes bankrupt 6. Go to claim car to minimise losses garage wants £7/day storage fees backdated to November 2015, they admit they're pursuing director already for other bills but say I am liable for storage fees. How do I deal with this? I'm already £2000 down I'm not paying storage fees when I didn't agree or even know about them. They're refusing access to MY car.

Ok update The limited company strike off still on hold BUT the director is now in process of bankruptcy (having removed his wife as director beforehand of course). I presume I might as well now cancel the court action with the company not trading & director bankrupt? Secondly the garage (which the director owes money to too) is refusing me access to my car & demanding £7/day going back to Nov 2015. As far as I was concerned the car was rejected & I was awaiting a refund I'm only now after the car as a last resort. I've told them to go after the director for their storage fee but they're insisting I pay it. How do I approach this? I'm thinking of writing an LBA to the garage giving them a last chance to allow an agent to collect or court but I don't know what to say, laws to quote etc Please urgent advice required I'm seriously ill & need to get this wrapped up ASAP.

Ok thanks

Yes couldn't find the original thread thanks

If you've got legal cover on your car insurance pass the whole sorry mess over to them

Hi But of advice please have a long running argument with a local trader who was trading under a limited company. The car catastrophically broke the latest letter from him says he's resigning as director and the company will eventually be struck off. I presume this now means we've lost £3000 of our own money? Desperate for any advice feel really ill over it, it's a lot of money we'll never have that kind of money ever again as am now seriously ill. Feel bad it tbh that he can do this and walk away. I assume there's nothing we can do about it? He's NOT gone bust btw he's just said for personal reasons he's resigning as director

Hi all just to update the ESA is now sorted I phoned and whilst they didn't explain why they hadn't paid it ("it doesnt show that on my screen") they have said it will be paid at £173 per week paid fortnightly. The next day I got a 4 page letter from them explaining nothing but showing the payments made from January from assessment phase then into support group, so fingers firmly crossed it's sorted and looks like my MP intervening sorted it out. Just tax credits to sort now but at least we have money in the bank and a full freezer now which is always a bonus! That's my mission for tomorrow phoning tax credits to try and get them to use the correct figures for this financial year that was provided to them back in July when we renewed... Thanks for the advice and support to all who replied

Thank you for the apology it's appreciated. Tbh I felt the same until it happened to me I hate having to claim it myself I'd rather be working but there you go....

Ah ok that sounds good then. I could cry tonight so relieved to have some money. I had the local church offering us money the other day which was really kind. Well we'll see what they say tomorrow, huge thanks for the replies.

Hi quick update just checked and all money they owed me from August to today was put in my account late today. Only thing that worries me is instead of saying EESA in the reference it says JSA so at least we can pay the bills & get food shopping now. Just hot to find out wth has happened here, I've had no paperwork saying I've been moved to JSA & was only put in support group 6 months ago & award was for 3 years. OK so I feel a little less intimidated about speaking to them now. Will update again tomorrow I'm really confused

Thanks for the suggestion, will have to be later tho as getting kids out the door to school at that time of day. Hopefully feel better tomorrow often have to back to bed for a bit after getting them out the door as knackered. I'll aim for around 9am as can have a bit of quiet time to psych myself up for it. Thanks again I really appreciate it

I don't see how it's any of your business for a start & secondly we don't have a choice because we live in a rural village, there's minimal buses & it's the only way I can get to the various hospital appointments. We can afford it because it's necessary. The car I drive right now cost me £500 last year when I was EMPLOYED I have since left my employment by mutual agreement because I am too ill. The reason I had money to buy this car was because a little old lady didn't stop at give way & wrote my car off, because she's had so many accidents (local car crash celebrity) her insurer instantly paid out a large sum which bought this car. My insurance is only £200 a year & I save up pennies all year round to pay it off all in one go so avoid interest. Your flippant disgusting comment about maybe leaving your job is quite frankly outrageous. Up till this year I'd been employed since 16 working my arse off I now have TWO neurological conditions which causes constant pain everywhere for which I am on opiate patches (they help a BIT) plus I get uncontrollable muscle spasms, burning feet, I can't do things like play football with my kids, I suffer from random bouts of vomiting where I'll be sick many times an hour for 24-48 hours at a time, I'm perpetually tired, all of this drives me to suicidal tendencies because my life is so miserable on a day to day basis. I haven't had a Penny of ESA since August I don't know why, 2 adults & 2 children are living off £79 a month tax credits & £137 a month child benefit. SO YOU TELL ME DO YOU WANTS THIS AND GIVE UP YOUR JOB??? I dream of being able to even get a mortgage let alone pay one so I suggest next time you're "curious" you just shut your mouth ok?

Hi thanks I'll try all that I have called several times already & been given the you'll be called back within xx hours I'll see what I can do. I applied in January after a mutual parting of the ways with my employer. I forget when I was awarded support group around April time I think I'll look for paperwork tomorrow to check but think it's right. I spent 2 weeks meticulously filling the form in with lots of detail as I have very variable illnesses & also am on opiate patches so let them know about that. It was a straight into support group no medical required, I assumed because I'd been very clear on the form & included consultants letters etc. Thank you for your suggestions

Hi Quick bit of advice. Earlier this year I was awarded 3 year ESA in support group due to Fibromyalgia and Functional Neurological disorder along with severe depression. I have been on every antidepressant my dr with prescribe and i'm being seen by mental health services, im also on Butrans patches for pain. Anyway been paid fine every since the award until 13th August when the payments just stopped, no letter, no phone calls nothing just no money. I have phoned the hotline a few times and they always say I can't see any reason on my system for not paying, i'll email another department and they will call back later the same day. Of course i've never had a phone call back. In the meantime the local job centre wrote to my wife inviting her in for a work related interview which is odd because she's self employed and does a little work here and there when it comes in makes no more than £500 a year after expenses. Anyway I wrote back to the job centre explaining she can't get there because we haven't had any money and the job centre is a 25 mile round trip, I made it quite clear it was not a refusal to attend but just not right whilst they are in breach of their side of the "contract". JCP have written back putting the appointments on hold indefinitely until they start paying me again, still no explanation why they are not paying. I've written a complaint and sent that in asking what is going on that was nearly 3 weeks ago, heard nothing. My MP has written to them again nothing. Am at my wits end over it, i'm not good on the phone when dealing with things like this because I am easily confused due to the neurological issues and I have a phobia of the damn thing so I rarely answer it unless I know who is calling. On top of the ESA problem, I returned our child tax credit renewal to HMRC and they have ignored it and rolled salaries over from last year meaning they have invented a £25,000 income we don't have slashing our tax credits down to £79 a month. So at the moment all we're getting is £79 ctc and £137 child benefit to pay for 2 adults and 2 young children. My wife and I visit the community cafe every thursday for a free hot meal to save a bit of money that way but to be honest i'm just getting to the point of snapping over all of this along with the car problems (posted in garage area) and these 2 problems (i'm hoping HMRC screw up is what has stuffed up my ESA but I have no idea on that!) Permanently on the brink of tears and feel so depressed. On top of my usual pains and problems im now losing a lot of weight because I am vomiting several times a week for now apparent reason when it happens sickness lasts 24-48 hours where I can't keep anything down, drs don't know whats causing that either/ Really feel like it's not worth bothering anymore just feel so under someones boot. We're only just managing to put food on the table at the moment let alone paying any bills. Does anyone have any advice on where I go from here i've written to everyone giving them the correct info but no one seems to be listening. I can prove that the DWP have never called back because I have extensive phone call logs showing they haven't called (no withheld numbers called either)

Hi all Sorry for not updating this sooner, we had some mail to the vendor returned so had to send the LBA again, given him lots of time to rectify this now and he's still saying he won't repair, that there's no grounds for rejecting the vehicle etc. So if I could have some help with my PoC that'd be great. This is just a rough outline of my thinking I know it'll need lots of work and it needs dates/names adding and I need to label everything enclosure up etc but any constructive advice would be gratefully received. I haven't been on top of this as much as I would've liked as i'm extremely ill most of the time and have been battling DWP & HMRC who have both made a terrible mess of our benefits meaning were all living on £79 child tax credits and £137 child benefit as not been paid ESA since August and HMRC have made up a £25k income from nowhere and it's taking forever to get sorted. Sorry for rambling on about that anyway but if anyone can advise me on what to change on the PoC below that would be amazing, thank you to everyone! On (insert date) we purchased a car from (insert vendor) with a 4 week warranty, we were told that everything worked and on the test drive everything seemed good. On collecting the vehicle it was a bit rushed as late in the day, when I started the car I noticed the SRS airbag light was permanately lit indicating a fault. The next day I noticed oil under the car which had pooled overnight. I immediately informed the vendor of this (see attached emails) Whilst driving around locally I noticed the car was very sluggish to start and sometimes started just as the battery was dying. At my own expense (£70 receipt enclosed) I replaced the battery. As the weather got warmer I noticed the aircon was not working properly so I informed the dealer and got it regassed at my own expense (£49.99 receipt attached). I did not mind paying for minor stuff on an older car. On 26/06/2015 I emailed that there was now a number of faults the 4wd select lever did not shift between 4wd & 2wd at all, oil leak, loud squealing noise under hard acceleration, 2 bolts missing holding the plastic engine cover on missing and the car despite being an automatic would stall when pulling up at junctions, in traffic etc. It was arranged to drop the car off with the dealer on Tuesday 7th July to be repaired. On 6th July I received an email saying his mechanic was away until Weds/Thurs that week so I agreed to take it there on Thursday 9th July instead. On Wednesday 8th July the car broke down and could not be moved. I called Green Flag who sent Anglia Recovery to collect the vehicle and return it to the dealer. I had a phone call on 14th July saying there was damage to the torque converter which according to his mechanic could only have been caused by driving in 4wd at excess speed or from the vehicle being towed. The damage cannot have been caused by excess speed in 4wd for 2 reasons, the first being one of the faults was you could not put it in 4wd mode and secondly on checking with the owners club and a vehicle manual there is no upper speed limit for driving in 4wd. As for the damage being caused by the vehicle being towed, I have a statement from Anglia Recovery which states that at no point was the vehicle towed it was just loaded onto 2 flatbed trucks and delivered (please see enclosed email from their MD). After considering the matter and taking advice I wrote to (insert name and company name) to advise I was rejecting the car as unfit for purpose under the Sale of Goods Act 1979, I also believe the dealer is in breach of Consumer Protection Regulations by not advising me of any faults at the time of purchase when there clearly was because the SRS light was permanently lit, I also believe the other faults all existed at the point of sale. I have asked for a full refund of £2700 via bank transfer or cheque, to date the dealer has stated he sees no reason for me to reject the vehicle as unfit for purpose. Up to this point I have not asked for a refund of ny of the additional items that I bought to fix problems on the car. The car has been with the dealer since Thursday 9th July therefore I can see no reason why he is refusing to refund me.

Sent the letter and have heard nothing at all from the dealer no denial etc just nothing, he still hasn't sent me this "report" either. Sending LBA now as going away next week, once we get back if the money isn't back I will start at MCOL.

I'm not saying they've done anything wrong MOT wise, it did fail it's MOT and those items were put right (well I was TOLD they were) they would probably know they'd get no business from me as i'm not local (it's a little garage in a village about 50 miles away). Appreciate what you're saying but given their relationship and the fact he repaired the car then returned to the dealer knowing there were 2 faults on it and the dealer then gave it to me again knowing (im assuming he noticed oil stains on his forecourt) that says to me either he's not a very good mech or he ignored the faults or he told the dealer and the dealer just told him to not bother. Either way it doesn't look great on them as I have emails showing that the airbag warning light was on the moment I picked up the vehicle and I warned him about the oil leak the very next day. Anyway what i'm getting at is the mech has regular work from his local trader who puts regular money his way so there's the "possibility" that he would be prejudiced against the purchaser in this kind of scenario. Not on MOT work as you've got DVSA you can go to over it and i'm in no way saying it's a dodgy MOT centre just that it's pretty likely he's going to want to keep getting his nice regular repairs and MOTs from his mate up the road. Oh just realised I never got a receipt for the MOT repairs just the MOT certificate, so don't "really" know MOT work was done and should have a copy as MOT repairs would be warrantied by garage. Anyway not that it really matters in the grand scheme because not dealing with the repairer, fortunately.

IMHO unless the damage is severe I doubt they even repaired it. I've hired many vans before now from loads of different companies and they've always had the odd nick, scrape, ding here and there. I'd suggest they're using you as a cashcow. If it was serious then they may well have had to deal with it, sometimes what looks like simple damage means a whole panel ends up being sprayed (not often on vans tho) even very simple repairs cost a fortune esp if paint is involved. I'd be definitely asking for a copy of the bill or even go so far as to go down and see the vehicle to see if they have repaired it or not.

Thanks everyone. Vendor is mailing my stuff to me as I said I could only do today and his mech has been away all weekend and isn't back until late this afternoon (bearing in mind I had that one before when I tried to book a day to return car for repairs). Once I have my stuff back I will start properly there's a security fob to the caravan storage place we use so once I have that back i'll be happier. Letter of rejection already written and ready to go, started outlining POC for small claims court if necessary, printed out all the emails to and fro where the day after I collected the vehicle I made him aware of the faults and the emails where I was put off due to mech being away. His mech isn't employed by him it's a normal MOT/repair garage but he puts all of his MOTs and repairs through that garage so vested interest in backing a big customer?!!? Instead of a face to face he's now agreed to put it in writing with photos, that way at least I can show it to one of my local guys to comment on (will upload here too for feedback) but like I said earlier even if it does show damage caused by towing/4wd being used etc there's still no proof that has happened in the past few hundred miles or whether it happened before previous owner got rid, I can't see anything other than a professional analysis by metalurgist/gearbox specialist that'd be able to age the damage and even then I don't think it's going to be easy. Don't think much to his mech because was due to collect and the oil pressure switch failed (common problem apparently) so he changed that then I collected at that point his mech has handed a vehicle back with airbag warning light on AND an oil leak, you'd think a decent garage would say look there's some other faults we've found we'd better sort them out too. Anyway am rambling a bit now, so sorry about that. Will update further once I have anything to add. I will just say that thanks to this site and everyone's comments I feel a LOT less stressed and more confident that it'll get sorted than I did before, thank you again.

Aircon was 1 hour whilst wife was at hospital, battery took under 10 mins that's all I've had done, had to top up oil, rest is fuel Anyway as I said not bothered about those bits juSt the nearly £3k on purchase price

Well had an email again today saying he wants us to go look at the faulty part with his mechanic who will presumably go on about how it can only be my fault it has broken etc etc. I need to go collect personal stuff anyway plus I put a proper size battery in because the one that was fitted was not up to the job (way too small) so I want to collect that too as I have the other one to give back. I'll listen to what they say then come home & send rejection letter demanding a full refund within 14 days. Presumably if after that I've not got my money back I file via mcol against the company? I'm down on other stuff too like fuel in the car now, oil I've had to put in, aircon recharge etc I'm not worried about those bits tho just want our money back on a car that was faulty within 24 hours of collection (I can prove this as have emails to him telling him) If I can just get the money back I'll be happy, hopefully I can keep my health together to deal with it & attend court if need be. Thanks all