Here for some advice, although after reading some of the other threads of more unfortunate people, I am quite lucky in my situation! I bought a £11k BMW convertible a few weeks ago. After getting in my nice new car driving down the road, the roof started to lift of. I stopped, and went back to the dealer. The roof wasn't locking in, it had dropped on once side, thats when my concern started. After discovering the "Full Service History" in the ad was really only partial service history, and in the previous 40k miles only 2 oil services had been done, a leaking, non-working convertible roof, (confirmed by BMW that the roof was twisted, even with a £2000 change of seals was likely to still leak afterwards) and several trips to the car dealer for engine issues, I told the dealer I wanted to return the vehicle for a refund, explaining I knew the law and I'd immediately start county court proceedings if he didn't take the car back, return my car that I gave as P/Ex, settle the finance and return my deposit. He knew i had him, the misrepresentation in the ad, misrepresenting the vehicles condition and the leaky twisted roof. But, he has refused to refund the money I paid for the tax, refusing to refund for warranty he purchased for the vehicle and charged £40 for cleaning my P/Ex. I didn't argue at the time as I just wanted rid of the car and my old one back. I'm returning in a few days time with the documents I'd already sent of to the DVLA to get back £100 which he had withheld until I return those. I just don't see why I should be out of pocket because of his mistake. Am I being unreasonable.

I've read that, could you clarify where it answers my question? I'm aware that I would have been responsible for return costs....but I didn't return. I didn't receive the goods in the first place, I can't return something I didn't receive.

OK, so some different answers. Company is Allcocks Outdoor Stores. I think I'll just go ahead with court action, as I'm fairly certain TNT don't charge £50 to return an item. I'll be back I'm sure once I receive a defense from them. I just don't understand, if I didn't receive the goods, how can I be charged for return of them?

Hi, thanks for the replies so far. Chargeback isn't applicable unfortunately. Am I responsible for the costs for the item to be returned after I refused the delivery? Obviously I didn't return the goods, as I never took delivery of them in the first place. I've studied all over the net, and I can't seem to find a definite answer. In my opinion, the company are responsible for the goods until they are delivered, and in this case they weren't, and I think I am entitled to a full refund.

Here is the link to their t&c's. http://www.allcocksoutdoorstore.co.uk/store/content/75/Terms-and-Conditions/ Can they charge for return costs if I didn't take title of the goods?

I bought an item from a UK shop online. I changed my mind, around 10 hours after I purchased I sent them an email informing them I'd like to cancel. They dispatched anyway, and I refused delivery when the courier arrived. Only after 3 emails did they refund, but almost £50 less than the item cost (The item was £160, they only refunded £110) I sent a letter advising them that the DSR's apply and that they cannot charge restocking fees and that they must refund the original postage. I was under the impression that as I never took delivery, I should receive a full refund. I've attached a screenshot of some of their terms. I received a reply to my letter stating trading standards had checked their terms and had agreed that they complied with the DSR's. I was just going to start small claims, but the response I received made me doubt I am right, and need a few opinions! Thanks[ATTACH=CONFIG]46755[/ATTACH]

In a similar situation, I got a family friend to phone him, under my supervision pretending they needed work doing on a car. Due to working 8-8 everyday, we agreed I'd drop the car off at his house on the way to work. Make sure it is his house. Then a letter before action.

Hi, All (Again) Kept upto date with all payments. Have even being paying extra each month to get the mortgage paid off as quickly as possible. However, my request to the lender to have the Possession Order Discharged, Cancelled etc was refused, citing the "Banks financial interests" I've searched high and low to find an answer as to how I go about applying to the court. I found somewhere that I had to file a notice of discontinuance, I found that form on the court website and that seems to be related to family matters, not what I need. Any help would be hugely appreciated!

What are the current arrears? How long is left on the mortgage? Is this the first eviction date you have received? If they agree to put a hold on things, I would still be very tempted to submit the N244. You may get in front of a judge tomorrow yes. People have had hearings the same time the eviction was due to take place, with bailiffs literally waiting for the call whether to go ahead or not. Things may be different with you being in Scotland, but i'd go to the court first rather than wasting money with a solicitor. There is nothing in the English process that you cannot do yourself.

I am no expert (far from it) But I have been in a similar situation to yourselves. Rather than rely on the lender to play ball and put a stop to things, get control of the situation yourself. Get yourself down to the county court tomorrow AM. (Check opening times, usually 10am) You need to go armed with a completed N244 form, and the £40 fee. This will get you a hearing in front of a judge. As long as you can afford the contractual monthly repayments, along with an amount towards the arrears, you'll have a very strong case. There is plenty of advice here on how to fill in the N244 form. Hopefully you have a printer at home. If not, fill the form online, save it, and go print it at a friends/library. Good luck. But please, don't leave it just waiting for the lender.

So, an update. The bank actually capitalised the arrears back in November, when they were at around £1000. I've made Nov, Dec & January's repayment in full + £165 & on time each month. Is it just a case of asking them to agree to cancel the posession order? If/when they refuse, what is the process with regards to going back to court? I've searched all over the net and cannot find anything. Thanks

Was in Court earlier this month, facing a second eviction date. N244 submitted, and the eviction was suspended. I've managed to get the lender to extend the term of the mortgage. It's reduced the CMI by £150 so that is going at the arrears as well now. The arrears were rather small compared to some at £2100, they are now £1800. By Christmas I should have them cleared. Can I then get the suspended order discharged? I don't like the way they can just get an eviction date whenever they feel like it. What if I'm on holiday? Ill? And don't have time to react to it. Also, is it possible to claim back some of the fees on the mortgage? I have read some confliction advice regarding this.

It's a tough one. Without confirmation from the court, I'd be tempted to file a N244. Purely for the piece of mind. Don't take the lenders word that it's been cancelled.

Yes, sorted the statement no problem. Got to court to be met by the rep from the mortgage company. He told us that as far as he is concerned things can stay on the current repayment schedule. He said that after they received a copy of the N244 form and our statement, it prompted a review of the account and they found payments that had not been properly added to our account. We then went in front of the judge. We had a local solicitor speak on our behalf, he approached us at court and explained his service was free of charge to us, so that was good having someone else in there fighting for us. After the judge listened to both reasonings, our solicitor requested that the costs of the hearing incurred by us be credited to the mortgage account. I thought this was a very good arguement seeing as we had paid and were not in breach of the order previously set by the court. The judge did not agree however, and refused our request. We keep our house though, and after our comments in the statement regarding the mortgage company's, what feels almost like obstruction; to sort things out and work with us to clear the arrears, the rep from them advised that they were now willing to enter negotiations to change the mortgage product. All in all, the morning couldn't have gone better. We were in and out within 45 minutes, and that included chats with the duty solicitor and the rep from the other side. I will be making a small donation of £20 to the site, sorry it's only small however every spare penny is going towards the arrears at the minute. When I have time, I will drop in to see if I can be of help to others, as I found just reading success stories from other people a great comfort during the 2 weeks we went to bed every night counting down the days to eviction.

I'm no expert, but have been through a similar situation recently. Firstly address the payday loans. Cancel the continuous payment authority as well if the bank will allow. I'd suggest a new bank account, the Co-Op seem to be highly recommended on here for wages and mortgage/council tax direct debits. That way they will have no chance of getting any money. It won't look good, 2 payments in 8 months. Do you have any proof you were off ill? That will help. Also proof of the offer from your stepfather that was rejected? Do you have any money to pay now? Your council tax arrears are wrong on the budget, what exactly are they? As £600 or even £200 a month is too much.