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  1. I have searched online for help but not much to go by. My story: I bought a car from carcraft 3 years ago via hire purchase and they also sold me their drive happy extended warranty for 5 years, the period of the hire purchase . The warranty was on a second finance payment by their all in one finance. And I have been faithfully paying. I have had to make a couple of claims as the car kept having issues, which they repaired. So I decided to Voluntarily terminate the hire purchase, which went through smoothly. But Carcraft drive happy keeps taking payments. I have contacted carcraft to cancel the extended warranty and issue a refund for the remaining unused time and they say it is uncancellable. I stated to the carcraft that I had checked the contract agreement and there was no indication that after the initial 30days the contract could not be cancelled if the vehicle was not in my possession. The rep said oh...it was in their booklet. but I never signed the booklet ...should this not be in the contract ...like every other contract out there. Even the hire purchase contract had clear termination clauses on the contract, why then could the carcraft warranty contract not have clear termination clauses, why did they have to hide it in the booklet ..a booklet which I was not even given when i signed up. the carcraft rep bfobbed me off , saying I have to pay for the warranty even though the car is not with me any longer . am seeking advice on how to get a refund on the remaining value of the warranty. I am ready to go to small claims court on this, but I need help on what legal argument I can state in my petition. Can anyone help please?
  2. Hi all, this is my first visit I have a 14 year old son who was recently diagnosed with Aspergers syndrome, which is a form of Autism. He has obsessive tendencies, which is one of the symptoms, and as such 'demands' that I take him to his favourite places on a Saturday. I approached my employer and asked for my hours to be amended to accommodate this and was open and honest and explained the situation fully. They made me fill in the relevant forms, and then knocked me back, stating their reasons, all of which dont hold any water. They first claim cost when I proved that cost would be zero and also that they couldnt 'cover my duty' of a Saturday, when I have evidence that my job has been covered every time that I was off on holiday on a Saturday. I have since become absent due to stress and anxiety and have attempted to contact my manager by email, requesting various documentary evidence that he claims to have to support him, but he has not answered three emails. My simple question is, where do I go next? Any help greatly appreciated
  3. I have worked for my current company over 10 years and have been a successful manager for over 8. 10 months ago my unit ceased trading due to rental contract renewal issues. I transferred to another unit as manager to run that for it's final 3 months (same rental contract renewal issue) and then moved to another unit in a different town. I unfortunately suffered a stress related mental breakdown and was signed off work with depression after attempting suicide. When I was well enough to return to work I felt I was still not strong enough mentally to return to work as a manager so requested that I might take a voluntary demotion to deputy manager at a different unit for the sake of my health. This was agreed verbally and in my letter to personnel I explicitly stated that I was requesting a demotion from manager to deputy manager. Fast forward 2 months and I have just been informed that there is no room for a 2nd deputy manager at the unit I am at, and that my position is actually a shift manager. 6 months previously at this unit there were 2 deputy managers and I was introduced to all the staff & management team as the new deputy manager but I have yet to receive a new contract. There is no difference in basic pay, but there is a large difference in potential bonus. If I decide to move on from this company, my CV will look awful having the drop from manager to shift manager, the drop to deputy manager will look bad enough. So my question is, is the verbal agreement worth the paper it was written on? can they refuse to honour it and not give me the position of deputy manager?
  4. I work in the public sector my work is shift work i work 12 hour shifts 4 on 4 off it is now single manned whereas before there were 2 persons working. Its with the cctv system of my local council we had our budget cut with the efficiencies drive we were merged with the call centre where we now have to take calls from the public about everything which the council deals with as well as covering the cctv cameras in the night and now answering and dealing with the out of hours calls as well. On top of all this i am a full time carer for my mother so my health has got worse itself I'm currently waiting for a total knee replacement due to arthritis and being treated for depression. We were offered a better redundancy package for the month of october which i was keen to take up and requested my figures which were acceptable to myself. However they have now come back and told me that too many of us want to leave the other 2 workers have been on long term sick 1 has been sick the other however just does not want to do the both jobs which have been shifted to us. I was told that i may have to give up my claim to go I don't think this is right as Im now struggling to do both caring and working Im currently under my doctor the other two have gone through occ health what can i do to ensure that all is considered fairly
  5. Hi there, I hope I am asking this question in the correct section (Admins please change if not) Can someone help me understand section 147 employment rights act 1996 ( in plain english) with regards to what it says about "initiating rights " to claiming redundancy. my partner's job role as been made redundant. There is an interim post on the table ( not very appealing) and also a "voluntary" redundancy package ( which is basically the minimum redundancy package) on the table. My partner is wanting to understand the mortgage protection cover she has in regards to the above "voluntary" redundancy package. The exclusion policy states.... you will not receive monthly benefit for unemployment in the following circumstances: unemployment caused by or resulting from: ii) any wilful act by you;or iii) resignation or voluntary unemployment- for the avoidance of doubt this shall exclude voluntary redundancy where you initiated your right to claim redundancy under section 147 of the Employment Rights Act 1996 time is of the essence as a decision will need to be made early next week.. and this information will have a bearing on the decison Many thanks in advance,
  6. Hi all. Under the terms of my contract I can return my vehicle to close after x amount of payments. I've already reached this milestone so wondered what the effects of voluntary terminating my agreement would have on my credit report. See I want to change my vehicle for something much more fuel efficient but part ex amount is ridiculously low the only option I appear to have is to return the vehicle. Any advise appreciated.
  7. just came back from the job center. and was asked how my volunteering was getting on i told them i would not work in a charity shop.so was told to phone round companies asking if there were any voluntary work. i am a single man nearly 60 yrs of age. so it puts a lot of employers of. and i havent worked for 8 years, but i have done manual work all my life before being lade off. .but for one i have a pay as you go mobile phone no land line,so i cant afford to ring round companies and i do not want to volunteer, for jobs i want a job that pays a wage, could i get sanctioned for not doing voluntary work.
  8. I am being taken to court by a debt company. One part of my armoury is that I have not recieved a notice of assignment by recorded delivery (or in fact at all) The company are saying that they did send one to me, although I have not mentioned the recorded delivery. The date they say they sent it was when I was when I was staying with friends in France, which I can easily prove if necessary. Can I ask that they provide me with the recorded delivery paperwork (which they must have used by law as I understand it) under cpr31.14? Am I correct in my understanding that if they have no recorded delivery paperwork regarding the assignment, then they have no right to sue me?
  9. I am the parent with care. My ex husband worked overseas for a period of two years and the csa could not collect child support payments as he was paid via Jersey and Jersey is not in their jurisdiction. However, he did pay voluntary contributions for child support. I received a phone call from the CSA asking me to confirm that he had paid these voluntary contributions and that he had made an over payment in excess of £8K and he now wants the voluntary contributions back. To say I am flabergasted is an understatement. Surely, if the NRP pays voluntary contributions they are voluntary and the CSA cannot ask for them back. Where do I stand on this.
  10. Hi everyone! Sorry if this has been asked time and time again. I can't seem to make sense of what I am liable for. I took out a HP agreement with a company called Moneyway through CarCraft in 2012. I needed the car for a new job which would easily enable me to pay for the car. Long story short, i think two payments were made on time and then I slipped into arrears of around 3 months due to the change of employer and lower training wage. I spoke with Moneyway on occasion about getting back on track and they wouldn't agree to the timeframe i was asking for to get back on top with the agreement. So rather than go down the Repossession route, I was advised to voluntarily surrender the vehicle as I believe a default noticed has been issued by this point. My idea was to surrender the vehicle and set up a repayment plan for the debt. Original finance was for £7500 which with the interest over the duration (5 Years) was going to amount to somewhere in the £12k area. The car was collected and sold at auction for around £4k and now I am being chased for the princely sum of £8k+. I am currently paying £145 pcm but would like to enquire as to what I am actually liable for. As I had only made a few months worth of payments I am nowhere near the third or half way mark of the agreement. Am I liable for the whole amount of the agreement minus the cars value at auction? Many thanks for your time. Dave
  11. Hi I'm new here and just looking for some advice/opinions. We bought our house in 2005 with an NRAM together mortgage then a few years later took out another secured loan of 30k over 10 years to consolidate other debt and make home improvements (in hindsight this was a VERY BIG mistake!!). 4 years ago my husband was made redundant and we changed to interest only payments. He quickly found work but has been unable to earn anywhere near his previous salary and due to now having 3 children I work part time so have remained paying interest only. Unfortunately husband lost job in Aug this year and we are now 3 months in arrears. We have done an income and expenditure with NRAM but were unable to come to a reduced payment plan as we are in negative income but have made a few token payments anyway. The house is in approx. 25k negative equity so can't sell. We feel in the long term we will never earn enough to return to repayment and have the added pressure of the other secured loan ending in 3 years time and we will still owe 27k. NRAM have said we cannot increase the repayment term and they will expect the loan to be repaid in full in 3 years time. CAB have advised to save for a deposit to rent privately and wait for NRAM to repossess then consider bankruptcy for shortfall. We were accepting of this however my husband thankfully has a new job and is due to start next week. We will then be in a position to afford the interest only payment again however will still owe the 27k in 3 years time. Another debt charity has suggested we should continue with the mortgage payments and worry about the 27k in 3 years time but I think we will just spend the next 3 years worrying about being back in this position. We have thought about voluntary repossession to get this over and done with but can NRAM refuse as technically we will be in a position to afford the payments? Thanks for reading. Hope it makes sense. Any advice would be greatly appreciated.
  12. There is some really good advice on these forums so I was hoping someone could help with this particular situation. I made the mistake of buying a shared ownership property and had to move out when I made redundant. I have been renting it out for three years and it has cost me dearly - I never get anywhere near enough rent to cover my mortgage/rental outgoings. I have been really unlucky with tenants during this time. The current one is not paying or communicating and it could be months before he can legally be evicted. I'm at the point where carrying on like this is not an option. I will most likely need to stop the mortgage payments now. It has been the source of so much misery that I desperately need to get rid of it and move on. I have tried to sell it but no-one is remotely interested in buying a percentage of a flat and all the crippling restrictions that come with it. I believe a repossession is the only option as the mortgage lender has the right to sell at 100% of the current value of the flat, whereas I can't. I'm aware that I will be faced with a massive shortfall, but only by getting rid of this flat can I move on with my life. My question is really to do with the process of repossession. If I write to the lender and explain that I need to have the flat repossessed and will be stopping payments are they obliged to accept this? My biggest worry here is that they might not agree to the repossession and somehow force me to make the payments? Can they demand to see my finances? I would be grateful for any insight!
  13. long story short ! caravan purchased on finance agreement. then refinanced to pay for move to another site. been on new site for over 5 years, but due to health and financial issues, defaulted on payments over six months ago. then got a short letter saying defaulted and for 'key to vehicle' to be returned [!] at this point it would appear the finance company didnt know it was a caravan, not a car. have paid more than the required % that means they have to apply to court for return. now been issued with court date to say seeking return of vehicle and costs to remove and court costs as well as balance of debt [balance calculated to include all remaining interest rather than the settlement figure which is about £1200 cheaper]. so my question... if/can i voluntarily surrender with no further costs? OR if i go to court and plead circumstances, then i appreciate judge cant amend financial agreement so what likely hood of me getting to keep caravan and reduce payments and increase term? **************** adding to the problem is the site have refused my offer to pay the outstanding site fees by lump sum and then monthly payments to feb 2014 to clear the debt. they have notified me of their intention to sell - i have advised there is finance attached to the van. all done in writing. i have asked them to confirm the van is still sited as at todays date. ALSO caravan site have confirmed in writing that finance company rang them to see if any site fees had been paid [it implies they gave them the negative information] and the finance company told them that i had not paid my finance installments. ANY RECOURSE HERE?? for breach of confidentiality? **************** i am minded to surrender if an option. but also due to ongoing financial issues may have to sell my house to clear debts, and having now bad credit history will struggle with private landlords, so the caravan was my fallback.... have not told site i could pay site fees in lump sum if pushed; rather keep the money for longer if no caravan !! THANKS CHAPS (and Chapesses) FOR READING
  14. I took a 4 or 5 year finance agreement on my car which ends a year in august. I cannot pay this and I am now getting into debt to make the payments. I have read that you can voluntary terminate the agreement after half the payments have been made. I'm just pretty sure it can't be that easy??? I do not want the car, I owe about 3600 and its worth approx 5000. I have no assets. Whats the worst that could happen to me? Thanks
  15. Hi I hope someone could help with some advice on this please, Id really appreciate this as Im unsure what to do. Here goes, I recently volutary terminated my car finance agreement with Advantage Finance, the car has been collected but prior to collection they did an inspection on the car. I informed them prior to the collection there was a scratch on the car which was there when we bought it and all I was told was to get a report from the garage indicating this was at the point of purchase. This was unfeasable as I bought the car over 2 years ago and I didnt get any response on this from the garage or any joy on paperwork after a number of calls. Now due to the time they took organising collection of the vehicle and subsequent phone calls from me (advantage), the car was picked up when I was on holiday (at the rediculous cost of £80 might I add) my Dad signed for the hand over in my abscence as the holiday was booked abroad and I couldn't get out of it, upon collection my dad disputed the scratch with the guy collecting the car which they noted and off the car went. At the time of collection my Dad then hears the person collecting tell his colleague, the car's in really good nick and been looked after (which it was) and we should get £6000 for that, which is quite anoying when the settlement was for £4600. Sorry to drag this story out but its helpful to know the facts, so Im away on holiday while this has happened I return and I come back to find a bill for £120 for cost of repairs to the scratch and another mystery mark on on the car (which wasnt noticeable at the time either). My dad re-tells the tale and at this point I'm annoyed and think sod it I'm not paying them anything and I leave it at that. Its important to know at this point I also had GAP on the car and was told I could transfer this to my new vehicle (the balance is £550 roughly) and I had confirmed this prior to going away and the collection. I have today recieved a bill from advantage, which I'm going to dispute tommorrow but I wanted to get some advice. I have a balance of : GAP - £550 (which I intend to put on my new car) Repairs to the car - £120 Other costs - collection - £80 (which I paid by card prior to the car going) total amount £750 Then there's a note which says I have paid £103.59 to date (I can only asume the collection is in here, I guess but no idea what the rest is) and I now owe £640. Aside from transfering the GAP which I hope I can do, I would like to know the following: A) What can I do about these rediculous charges for repair? B) Due to the GAP amount will the total cost of the car still stay on my credit file or just the GAP amount? C) As I personally didnt hand over the car and therefore didnt agree to these costs are they still valid? I hope you can help, the amounts stated are noted by them as being reported to the credit reference agency and if I dont pay this will affect my credit rating. I'm very angry at all this and feel like Ive been taken for a MUG by them, Ive VT'd cars before with none of this hassle and any other dispute on cost Ive managed to get out of. I really appreciate any advice you can give! Thanks in advance BLUEGUY
  16. hi all, not sure if im in posting in right place. i recently sent back the keys to my house to mortgage company, last week a friend got in touch to say that the door was open and a locksmith was there. so im taking hes changed the locks does this mean my house has now been repossessed and will that mean i no longer have to pay council tax for that property. thanks.
  17. I work for a large shipping company that is in the process of stream lining the business. Due to this one of our shore side kitchens was closed. The staff there where to be made redundant unless some one from the shipping side of the company would swap contracts with them, thus taking the voluntary redundancy in their place. The head chef from shore side said he would like to try working on board ship. So the company gave him a month’s trial to see weather the shift patterns will work for him. He informed them that he would like to stay so the next step was to find a replacement for his redundancy. I was said person, I was offered the redundancy on Sat 06/04/13 and asked to consult with my family as they needed my answer by Monday 08/04/13. I have formally accepted the deal, which I did on the Monday as requested, I have interviews lined up. Iwas due to formally leave 20/4/13. But on the 09/4/13 I received a call to be informed that this is now not going to happen, as the man who said he was staying has now decided instead of staying he wants to take the redundancy. Where do I stand from a legal position? I am aware that a redundancy offer can be withdrawn up until it is all legally signed but surly if the person had not signed a new contract stating they where defiantlystaying a redundancy should not have been offered to me, let alone the formal forms being completed. It seems that the other person was given until Tuesday to make his final decision but I was asked to decline or accept by Monday (the day before), should they not have had his decision before even offering it to me.
  18. hi all im in need of some advice, i had a car on finance at the end of last august, the car was £3000 and with finance made it just under £4000 i brought the car from stockport i live in nottingham, i collected the car but by the time i arrived home the drivers side window had fallen down and would not go back up, i phoned the car sales and he told me to bring it back in and they would have a look, so i did and they looked and it had come out of the runner, they put it back in and i returned to go home only for it to come out 20 miles down the road, i returned to the car dealer where they spent another hour or more to fix it, i returned home for it to last 2 days before it happened again, i phoned them back up and they said theyd need the car about a week to fix it, this time they colleted it and i went up after about 4 days when they phoned me and told me it was ready, it lasted for 2 days before it dropped again, i phoned them and they said they had tried and they didnt know what to next but would get in touch with me, i couldnt use the car because i had taped a black bin liner to the hole where the window was so i couldnt enter the car from that side because of all the tape, (the car was a Peugeot cabriolet) 3 weeks went by and didnt hear anything from the dealer, during that time i found a small lump on my chest i had it checked out, and waited for the results so the car was the least of my worries, the lump turned out to be cancer and that it was terminal, that was on the 09/10/12, on the 11/10/12 i wrote a letter to the finace company expaining the situation and added a copy of my hospital report and told the that my daughter would be acting on my behalf and added her phone number i also phoned the finance company on the same day and told them of my situation and that i had to retire from work so i would not have the money to pay the monthly payments (i had only made 1 payment) they told me i had 2 options, the first being to ask the car dealer to take the car back the other was to give the car back to the finace company, i tried the dealer and they didnt want to know so i rang the finace company and told them i would like it reposessed, that was 13/10/12 i never heard another word from them about reposessing the car, but i did get at least 1 phone call a day from thier credit department saying i was late with the payment, i explained to the first caller and told him of my ill health and that i had wrote a letter asking not to contact me but my daughter who was dealing with my finances, but that didnt stop them the phone calls kept comming and i had to keep explaining my situation because it was always a diferent, that went on for two weeks, after that i never heard another word no phone calls or anything written untill 18/ 01/13 when i had a phone call saying they would collect the car on the 21/1/13, they came but would not drive it because it had a screw in the tyre , i said i would change the wheel it wouldnt take me 5 minuites so he said he would wait in his car as it was raining, there car was parked around the corner, i changed the wheel an walked around to where they had parked but they had gone, i rang the finance company and told them and all they said they could do was to rearrange the collection, for the 23/1/13, this time they came and drove it away giving me no paper work due to there hand held device not working nor was i asked to sign anything. i then didnt hear anything from them untill 03/03/13 when i received a letter saying i owe them £ 2795 and could have 20% off if i paid immediately, i do not have any savings and are on benifits esa and dla with no other money coming in, i have been stressed out since receiving this letter and i dont know what to do, advice would be greatly appreciated .
  19. I purchased a car on finance with welcome with a massive apr of 39.9% but at the time I was in a pretty good job and needed a reliable car. The payments were £145 pcm over 4 years, the car was priced at £4,040 i think and once financed was a whopping £6951.84. I kept up with the payments for the first 2 years so had paid half the balance then! circumstance then meant i had to leave my job so reduced payments rapidly to £40 a month. the balance is still at £2130.31. I have told them to come and get it, i've had enough and its gone beyond ridiculous. I cancelled the direct debit and the following day get phone calls from Stuart at welcome finance telling me there is this amount still owing it needs paying & wait for it....... haha can i settle it now??? as you can imagine I said a big fat NOOOOOO!!! anyway what i want to know is once they collect it and obviously have paid over the odds, would i have to pay the remainimg balance??? surely they've had my right arm and half the friggin left too lol:wink:. please clarify that I am free from this burden.... Thank you xx
  20. Hi there, i was wondering if anyone would be able to give me advice on the following problem i have. I took out my car through Fortis Lease Ltd and have recently just payed off 50% of my contract. I contacted them to voluntary terminate my loan which was fine, they told me to deliver the car to an auction house in glasgow which i done today. They then done the standard checking over the car for any problems, and came back to me with a bill of £1300 for repairs. There was no problems mechanically, it was all visual. However my problem is that they have quoted me £275 and £175 for two scratches which were on the passenger door and the passenger back quarter panel, which were already there when i bought the car? Also, the biggest shock which was a small chip about 5mm wide which has started rusting that is on the A Piller, which they are charging me £450 for? They are also charging me 3 x £55 as there are scuffs and scrapes on three of the alloys which were already there when i bought the car too. When i bought this car it had one owner so i obviously expected scrapes and scratches on the car, which i wasnt too bothered about. How can they account me for these when they wernt my fault? I have no proof it wasnt me but surely they dont either? On top of that they are charging me over £400 on labour aswell, and all this is excluding VAT so no doubt it would be reaching £1500. Would anyone have any advice for me? It would be greatly appreciated.
  21. Hi everybody, my business has recently failed and I had signed a personal guarantee on the company overdraft plus used personal credit cards to keep the company going. The credit card companies have both agreed to freeze interest and accept an affordable montly payment based on my income. I've offered the same deal to the bank but they are asking for a voluntary charge on a second property I own and are charging interest at 3%. They have said that if I don't agree they will go through the courts and I will have to pay the statutory 8% interest if they win. Part of the charging order is an agreement not to force a sale as long as the agreed payments are maintained. I'm inclined to reluctantly accept their terms but does anyone have any experience or advice they can pass on? I'm concerned that I will be giving preferetntial treatment to a creditor and that I'm turning an unsecured loan into a secured loan. The amounts we are talking are aprox. £10k for the overdraft and £30K for the cards and the property is in my sole name and not the one I live in. Any advice appreciated. Thanks.
  22. Hi, I'm on EAS in the WRAG and recently a friend has opened a shop. I'd like to help out as and when I'm feeling able to, and as I understand it, this is allowed under the 'permitted work' rules. I won't be paid and it will be 2-6 hours a week when I'm up to it. Can anyone tell me if this is OK? My advisor at the jobcentre is off sick and nobody there seems to be able to tell me anything.
  23. My partner receives child support from her ex partner (non-resident) - a voluntary agreement. Her ex informed her, 2 or 3 months ago, that he had been accidentally overpaying her and ceased payments - for approximately 10 months - to make good the ' overpayment '. My partner was totally unaware of any such overpayments (not least because she was diagnosed with cancer in February). Is her ex legally entitled to do this, whatever the supposed reasons? Would my partner be advised to seek a CSA-enforced payment? Thank you.
  24. Dear Members My wife was on maternity leave from august/september 2010 roughly to september 2012. We have two kids one born september 2010 and second one born september 2011. Right now she is on holiday leave but after that she will have to leave her job because her working hours are the same as mine so there is no one to look after our kids. She was working as an employee from august/september 2006. She will be looking for job that she can do in the evenings/ nights after I get home so I can look after kids. Because she is leaving her job will that be classed as voluntary unemployment? we have no choice really, kids so small yet. my questions are: - can she register with Job centre plus? - will they pay her JSA contribution based? Thanks for advice
  25. Hello fellow people, I have a situation, I live in the USA now permanently, and don't want to keep my UK property anymore. I can't afford to keep sending money over, it's killing me. It's in negative equity, so I'm considering voluntary repossession and handing in keys. I'm sure it would damage my credit in UK but this shouldn't affect me really. Does anybody know how this would go down? Or anything I should consider or be aware of? Thanks, -givenup
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