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boredandtired

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  1. You can ask the court to look at your finances and consider a repayment plan. Think its called a variation order. This is what i DID do, they asked for details of my incoming & outgoings which after mortgage, food, utilities & other debts leaves me with around £250 a month - yet the court STILL ordered the full £840 to be paid in one full amount from my next wage (they werent interested that would leave me £600 short on everything else and didnt give any option to set up a payment plan other than the full amount to be paid in one lot in first month! No. But most judges when the debtor admits the debt in full and doesnt persuade the judge that the charges are unlawful, will grant the judgement in full to the creditor. The creditor then tries for full enforcement proceedings, just as has happened here. We see it a lot of the time with PDL's. They especially do it to people who they think will give an uninformed defence. In terms of admitting the debt, i entered a partial admittance based on the fact that i owed them £350 and had already made numerous attempts to setup a payment plan and being extremely proactive in trying to resolve the matter. I can assure you, my defence was extremely informed, included over 20 pages of correspondence showing full well that 1st Stop had no intentions of resolving this matter in any other way than court and in the process increasing the costs and charges along the way. Low and behold the court sided with first stop. It's beyond comprehension that the courts should automatically side with the creditor on everything even though they're completely in the wrong, going against all the rules, and know they can get away with it. Not only frustrating but upsetting that this country is now what it is towards the consumer.
  2. Hi All, Really hope someone can help me with my predicament. Around June 2013, i stupidly took a payday loan with 1st Stop Group. The amount was £250 and unfortunately i couldnt pay the repayment due of around £325 therefore i contacted them immediately and informed them. I asked if i could pay £100 per month which was point blank refused. I then heard nothing more (despite chasing them daily to resolve the matter!) for around 4 weeks. I then received an email stating my bill was now £500 and again, they would NOT accept £100 per month and that failing repayment of the full balance, they would start CCJ proceedings, i again pleaded to them to accept £200 per month for 2 months and £100 final month. They again point blank refused and would not even begin to negotiate a repayment plan to repay the debt. The next thing was court letter with a claim for £640 roughly, i replied to the courts with all correspondence showing that i had tried my utmost to resolve this matter and 1st Stop Group refused point blank to do anything but request the balance in full. I included all correspondence between myself and 1st Stop Group and low and behold, the court sided with them and entered a CCJ against me for the full amount. I stated the full amount should be paid within 21 days, which i simply wasnt able to do so i contacted the courts and they told me to contact 1st Stop and see if they will accept a payment plan, which i did. Low and behold, i contacted 1st stop who then ACCEPTED £100 per month (after the CCJ has been entered!) yet they were unwilling to even discuss a repayment plan beforehand. I requested their bank details and was point blank refused again, i was told the only way i could pay it was by debit card and i was not willing to hand over my debit card details. The next thing was a letter through the post with an attachment of earnings order application and the amount now around £840, i replied to the courts outlining how ridiculous this whole situation is, showing that they were unwilling to discuss a repayment plan before the CCJ, showing that they wouldnt give me their bank details, and i was legally obliged to provide all my outgoings which i duly did. My outgoings leave me roughly £220 per month after all bills. The court ignored my letter and replied with a suspended attachment of earnings order for 21 days, stating the full amount of £840 is to be paid within 21 days or the attachment of earnings order will be sent to my employers. When i am only left with £220 a month how can they state a "monthly payment of £840 until the full balance of £840 is paid in full". I dont want this going to my employers and quite honestly, i'm not only disgusted with 1st Stop Group but also the courts who it seems genuinely ignored every piece of correspondence i sent to them outlining the situation. They seemed to immediately just side with 1st Stop on everything despite my genuine attempts to resolve this matter on numerous occasions. I'm now in the position where i'm going to have to sell my car to one of these horrible cash for cars places to get this paid in the next couple of weeks in order to not have the attachment of earnings order sent to my employers (which would no doubt cause me lots of trouble in my job). Please, if anyone has any advice i'd really appreciate it as i'm depressed, not sleeping, and quite frankly disgusted with this company who had no intentions from day 1 of doing anything other than going through the courts. Regards, B&T
  3. I agree, their repair after 10 days in their garage came back unrepaired, and with more things broken! Hardly quality workmanship. On top of that, this car came out of their garage with all these issues in the first place. I have now written the letters and will send these off, the car has ceased being used anyway, on the basis that it cant be used when oil is leaking from the turbo return pipe. In terms of the "needing new ones" - i had a local garage round the corner from me replace these parts initially rather than the car go 80 miles back to the dealer yet again. It's spent more time with them than with me! It's Hire Purchase.
  4. Thank you very much for your reply. This is the plan i think, however ive heard this can be a 2 year + process? And we must return the car to the dealer with all documents/keys etc if we reject it? We've given them the option of replacing the car and taking this one back but they clearly dont want it back (for a reason i would imagine!) - i am not willing to have their chimpanzee mechanics take it back and attempt to fix things again, as you say this is an unnerving amount of major issues in such a short period of time. I feel it's going to be a money pit I did tell the garage i would go to trading standards, their response was "That's fine, we always comply with Trading Standards investigations" - in other words, they must have had plenty!!
  5. Hi All, I'm looking for some advice please. We recently purchased a car from a dealer on finance for the sum of £10,500 around 6 weeks ago. After 1 week, a major problem developed with the car, the dealers took the car back to fix it and had the car for 14 days (a job i'm told should take 2 days tops) - the car was returned to us, the problem still present, and to add insult to injury, whilst rebuilding the car they had broken the turbo valve and glued it all back together (rather than replacing a £20 part) - needless to say, their workmanship is appalling. In the 6 weeks we have had the car, these are the problems we have had to date: 1. Vacuum pipes continually coming off the vacuum box at rear of engine bay was the first thing. No biggy.... 2. Fault codes relating to throttle malfunction - had a new throttle position sensor. 3. Popping/Rasp from engine bay & loss of power, turned out to be a broken bolt on the engine block/manifold which dealers took back to fix but havent rectified properly, it's now leaking and popping/crackling from piston 1 (plus leak around that area). 3.a (when car came back they'd broken the diverter valve nib off and glued the pipe directly onto the DV (no nib!) - So needed a new DV. 4. Rocker cover started leaking oil from seal and bolts. 5. Boost solenoid & MAF needed replacing following boost issues. 6. Exhaust rattling & blowing from various areas. 7. Front offside wheel nasty metal scraping noise progressively louder - Not discs/pads, not sure on this one. 8. Air con condensor shot, was blowing hot air, took to have it regassed, turned out to be condensor. 9. Gearbox started whining in 2nd/3rd (hasnt had ANY stick whatsoever with all these issues). 10. This morning came out to find a huge puddle of oil all leaking from turbo oil return pipe - see earlier post. 11. Really loud rattling from passenger side dash, no idea what it is but something is in there (i.e behind glovebox area). 12. Cruise control stopped working, been told this is likely a CIM fault which also controls ABS. Now, we contacted the finance company and they said they would speak to the dealer, following this, the dealer has contacted us and said basically, bring us it back, "we'll take a look at it" - now i'm sorry, but bearing in mind their quality of workmanship in not reparing the problem and breaking something else in 14 days when it first went back to them, we don't hold out much hope of anything else getting rectified. They've also suggested we drive the car 80 miles to them with a major oil leak from the turbo oil return pipe (this is fatal advice, and would destroy the turbo). In 6 weeks the car has been in the garage for 3 weeks, and for the remaining 3 weeks unusable to an extent due to the issues outlined above. We asked the dealership if they will take the car back off us and provide a replacement (as they have one on their forecourt of same age, same mileage, same spec, etc etc) - but they will not, they have simply offered to take a look at the car. All these problems in 6 weeks of ownership, and we no longer want the car, i feel it's a dud, a lemon, a bad un, whatever you want to call it, these are expensive (some major) issues, and i think the car has had a hard life. What's the next port of call please to get this situation sorted? Thank you for all help and advice anyone can offer.
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