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  1. Hi, I stupidly took out a log book loan, I am up to date with payments but my query is does the bill of sale have to be witness signed by someone other than the person that issued your logbook loan? My Bos is signed by the exact person that gave me the loan, no witnesses were present.
  2. I wonder if you can help. I purchased an item from Laura Ashley online. It was very heavy and I couldn't lift it, when it was delivered. The delivery driver placed it down and it did not move after his delivery. I booked a handy man for three weeks after I placed the order (the time they said it would take to arrive in the order confirmation email) It arrived earlier than that, but I couldn't change the date of the handy man When he arrived we unpackaged it together, too heavy for just one person. It was broken. Laura Ashley wont do anything, they say they will not replace it. The sale of goods act when I ordered it stated a reasonable time of 3 - 4 weeks to claim for damage. When I stated that to the customer relations manager, I was informed that halfway through this month the act changed to 14 days, and as such I am out of time, so goodbye. Can anyone advise me on this. Yes perhaps I should have opened it earlier, but I was in danger of damaging it if I did it on my own. They are just wiping their hands of me.
  3. Hi Everyone Looking for some information please thinking of selling my house should I request a SAR before I put it on the market ( would this possibly slow the sale of the house down ) we can sell the house quick very interested parties who wish to buy it and have a mortgage in place or should I sell then activley persure for late payment charges, intrest charges etc any help greatly appreciated.
  4. Hi there, i really need some help with this, i'm not very good at explaining it in short so apologise in advance but here goes: Partner had credit card in sole name with MBNA around 2003/4 approx. £10,000 balance. MBNA kept on adding late payment charges and then interest at extortionate rates so fell behind with payments, they then instructed Restons to act on there behalf. Feb 2009, after being hounded by Restons, i sent them on behalf of my partner a CCA request unsigned with £1 cheque enclosed. Restons replied stating that they were not the creditors and that the format i had used was widely available on the internet and it couldn't possible be a genuine request as it was unsigned and therefore they would not accept it, on the very same day received another letter from them offering a reduced final settlement. March 09, sent CCA request directly to MBNA same as above. March 09, received a "Judgement for Claimant" (in default) from Northampton County Court, then about a week later received a notice which literally said that the claim had been transferred to Edmonton County Court for enforcement. April 09, sent the no response CCA request to MBNA direct as we hadn't heard anything from them since sending the first one. May 2009, MBNA sent a blank unsigned photocopy of T&C's with a covering letter saying they were pleased to enclose a copy of your most recent T&C's and then goes on to say they we shouldn't forget the other fantastic benefits of the account! April 09, i receive addressed only to me a B136 (CO) notice even though its a joint mortgaged property. July 09, Restons send both myself and my partner a copy of Interim Charging Order, it read as if there wasn't anything we could do about it even if we did attend court on the day, my copy even stated that i shouldn't even acknowledge receipt of the application. Aug 09, my partner received a Final Charging Order stating that we were not aloud to sell our property until we had discharged our liability to the claimant and that they may apply for an order of possession. and that takes us up to the present day when out of the blue we both individually receive a notice of a claim for an Order for Sale from Restons BUT its on behalf of ME111 Ltd and not MBNA, its dated 15th May 2014. The bundle contains letters they are claiming to have sent us after the final charging order but with which we have never received, and to make matters worse has been compiled by a trainee solicitor who comments that she believes this is the only way to make us pay. I really need some advise as to how and even if we are able to defend this as i'm absolutely petrified that we are going to lose our house and i have no idea how to even start completing the defence response so if anyone can help it would be greatly appreciated.
  5. Hi all. Iv purchased a 1999 reg land rover freelander off auto trader through a dealership. Thing is I don't know if this is a full on dealership or some other form. I have their name but the car was purchased from a big posh house out in the country with many new 2012/2013/2014 plate audis and bmw's for sale on the estate. iv bought this car after reading the description saying how it has x and y and has mot till October. Good runner etc etc... No mention of any problem. And the dealer said nothing about problems either. Intact he said and I quote "you won't find a freelander of this age as good as this. Iv been using it on weekends to go shooting. But I can't offer warranty on a car this old" Only had the car just over a week and there is some very loud scary noises coming from the back end. Iv asked around on land rover owners clubs and forums and they said it sounds like the rear differential which is an emergency repair and will cost big!! What are my rights to taking this car back? I part x'd my car for this one too
  6. Hi Can anybody offer me some advice please Situation : house is in joint names although now divorced and I currently live in property with my daughter who is 9 and I pay all the bills There is a charging order on the property in favour of ME III Limited as I understand it - I have today received a claim form from stating they are applying for Order of Sale. I did offer back in October 2013 to pay £10 per month and asked they provided me with bank details to set this up, they never did this although amazing a letter has appeared in the witness bundle which I never received. What is my next course of action I called them today and s aid I am happy to pay £15 a month ( I thought that because of the charging order they would get there money back when the house is eventually sold but obviously this is not the case) I am not sure how to proceed Any advice would be great From a worried Mum
  7. I bought a laptop from PCworld, in the first year of ownership it started to over heat, I sent it away for repair and it came back and worked ok for about 3 months then it started to over heat again and I sent it away again and it came back fixed. About 6 months ago the fault started again I arranged again for it to be repaired, this time stating the sale of goods act because it was outside of the warranty, it came back again after about 2 weeks fixed. The fault has just started again and I will be contacting them again to get it fixed, the issue I have is if it keeps going wrong every 6 months at what stage will they no longer be obliged to fix it, it is an i7, 17 inch laptop so its a good spec and I like the laptop. Should I request a more permanent remedy, ie replacement, refund, I understand it would possibly be a partial refund because I have used it a lot, just wondering the beast plan of attack.
  8. Hi All, This is my first posting, so apologies if I am not posting in the correct thread. I have an issue with a mobile park home site. My parents bought a static caravan on a site near [edited] in 2009. They paid £XX,000 for it. They did not use finance. In the latter part of 2013 my dad's health declined and they decided that they wanted to get out of the static into a house. The site they are on keep their residents on a 51 week licence - although they do have a 52 week licence. They keep their residents on 51 weeks in order to prevent them being classed as residential - so they are classed as holiday homes. My parents paid council tax on their home, although when they bought it, they were told that they wouldn't have to (and they didn't at first). When they came to sell, they honoured their part of the contract which states that they had to offer the site owner first refusal of the home. They did so. XXXXXXX offered them £XK initially. The second time they asked a couple of months later, they were offered £XK. My parents refused and asked if they could sell privately (as per the contract). They were told yes. They sold privately but the day before completion, after my parents had signed a contract on another house and paid for it (and the buyer had given notice on his accommodation), The owners of the site, saw fit to block the sale. They refused to allow the sale to go through/allow the buyer to purchase. As you have no choice but to sell to them (and they even have the cheek to charge you XX% commission PLUS VAT to sell to THEMSELVES), they make a massive profit. We ended up having to remove the home from their park. They do have a contract which states that they are allowed to sell privately. What that contract doesn't say is that they will threaten to put the new buyers' site fees up (my parents site fees had already risen £xx from 2009) .They put the site fees up so that they can no longer afford to live there, then once they cotton on that you want to sell, they move in. They paid £xxx for someone else's I was told yesterday. The site owners are also allegedly collecting VAT. They are charging all residents VAT on their site fees, which I believe is illegal. I do know they were confronted by one person on the site about it, and were told that if they make a fuss their site fees will double and they would move that person's caravan to the 'back of the park' (i.e. in the bushes!) Can anyone offer any advice please. Legal standing? I would like to take this further and try and get these sites regulated in some way, offering a protection for those residents. It's a loophole that they don't inform people of.
  9. Not sure this is in the right area.... We have a situation arising within the family....The father in law separated from his wife nearly 20yrs ago but the continued to live in the same home up until 6weeks when the mother in law decided to move to her friends house, The mortgage has been paid by the father in law and the bills split in half,the mother in law gave up her job through ill health and has paid nothing towards the mortgage.... Now the question is because she wants to get her own place has no money has said because shes on the mortgage she wants to force the sale of the house from under the father in law.... basically I'm after any information to see where this can go. many thanks.
  10. Hi, Am I right in thinking that if you get a top up to your log book loan and sign a new agreement, a new bill of sale has to be registered within 7 days?
  11. Most of the advice on this site seems to be aimed at people having homes repossessed /handing back the keys. Currently I have a house that I’m wanting to sell and get rid of the house and debt. The house is in larne NI-UK and I’m in Scotland, the house was bought under a NI co ownership scheme where they own part of the house 25% and the other 75% is mortgaged (interest-only – deal expired 3 years now and on SVR @ 4.99%). The house was bought pre-boom but i’m finding its worth less than I paid for it in 2005 and less than the mortgaged part alone! If I were to sell then repay the scheme + the mortgage the amount achieved - the shortfall would be approx £40k (30% of the current total liability mortgage + scheme share repayment). I’m making nothing from this and its rented (moved on due to work) and its not paying its way... I’m topping it up monthly a few £100 pcm and its an old house in need of constant repair. I’m projecting that it would take 10years to walk-away ‘breaking even’, with years of hassle and risk of interest rates going up, topping the payments etc etc – im sure you guys have heard it all before  - i’ve just started running my own Ltd business as director so cant go bankrupt I want the bank to allow me to sell so as i can get as high a price as possible to lessen the shortfall – then after the sale negioiate and possibly try and F&f settlement on the shortfall. Has anyone seen any templates asking the bank to allow Shortfall sale? Has anyone any helpful comments on the situation and/or my approach? Any help/advice is greatfully received! Thanks for looking
  12. Hi, not sure whether this is in the right area.... My friend invested a third into purchasing a property with another couple. For a while they rented out the house and shared the income. The house was refurbished and put on the market for sale. The house sold with completion last month. She was hoping for her "share" this month, however the couple have stated that her money will only be available in April after his accounts has been finalized, income tax for the year. I assume he his self employed. From what she tells me, it seems she will be penalized for his tax deductions ? - which i find strange. He also stated that her name isn't on the deeds,being part of the reason he says?, however she has a signed declaration of any share. thanks, any advice grateful
  13. Hi, Cant believe this is coming back to haunt yet again. Bit of history ... My Wife and I had 2 seperate loans with Northern Rock, entered a battle about PPI (before it came to light just how much the banks were ripping us off), went to court a few times, long story short, they obtained charging orders. Below are the links to the previous threads. http://www.consumeractiongroup.co.uk/forum/showthread.php?198906-Court-Case-2-Northern-Rock http://www.consumeractiongroup.co.uk/forum/showthread.php?201020-Court-Case-3-Northern-Rock-(-Eversheds-) No conditions were ever applied, and the understanding is that the debts were secured and presumably they would cash in when we sold the house. Never heard anything from Northern Rock since. A few months ago we received a letter (as thousands of others have) saying the debt was bought by marlin and they wanted to know how we were going to repay them? This came in the form of a letter from Mortimer Clarke solicitor(s?). Pretty much ignored them and felt that if terms were to applied to the order for payback, we would have known about it, so I dont believe we are breaking any terms of the order because quite simply there are none! Received a letter today from the same ****bags saying they are applying for an order for sale "solely on the basis that you failed to provide acceptable proposals for repayment." No doubt my wife will also receive the same letter soon. I am confused like many others as to how a charging order can be sold on??.. and how these numb nuts can possibly force repayments when the judge did not?...and how far can they take it? Sounds like a threat at the moment until they actually apply for an order for sale, but need some advice if anyone has any please? If you work for Marlin, then stick your opinion up your arse and count yourself lucky youre not on the end of the phone if and when I do call. I have attached the letter to view. Please, as always, any advice is appreciated.
  14. Friend bought a car from a guy who runs a business with a website offering 'Cars for Sale' and his business has a companies house registration showing 'Nature of Business - 45112 - Sale of used cars and light motor vehicles'. He paid for the vehicle by bank transfer into the guy's business bank account and the seller scribbled him a pencil receipt (which my friend also signed), part of which used the phrase "sold for sum private by bank transfer". The car started to go seriously wrong a few months after purchase and my friend phoned him and texted him (the dealer) multiple times asking for help. He was brushed off. Eventually my friend had to have it repaired at his own expense. They were severe engine management faults that caused the vehicle to stall in dangerous situations. He had to sell the vehicle (as he relied on it for work) and took a loss of several thousand on the original purchase price. The repair work cost him an additional £750. Is this a private sale? My hunch is that it was a car dealer sale by a business, in which case presumably the six month rule under the SOGA applies? As he refused to have the car back and my friend was forced to sell it at a loss, does he have a good case to litigate to recover the loss at sale, as well as the repair bill? Many thanks for any helpful pointers!
  15. Hi, purchased a Range cooker (gas + electric) in June 2012. After about 9 months the central ring started playing up and they sent out an engineer a few times as it would start working and then stop again. After about 15 months the oven/grill selector switch burned out. We purchased the item for £500 and the retailers answer was pretty much what can you expect for £500? I believe that there is some element of the Sale of Goods that says items must last a 'reasonable amount of time' in accordance to the price paid. I'd deem something for £500 to last more than 15 months! I sent the below after doing some research on the internet: Letter was sent recorded post a few weeks ago so the time for them to act has elapsed. My question is - can I proceed with a Moneyclaim online for the amount or is there something else I can do? Quite happy to do the former by paying the fees etc. Thanks for your help all
  16. Hi, I just need to know that what I’m doing is correct? I bought a motorcycle 1 yr and 2mths ago, the cam chain has snapped and caused £4300 damage, the manufacturer has kindly said they will pay 50% of the parts, but have also stated it’s a lifetime part and shouldn’t snap, they are writing this in a report for me, I’m sending the garage I purchased the bike from a letter stating the sale of goods act, saying I would like them to pay for the repairs as I’ve only covered 3-4k miles on it and haven’t had reasonable use, now the manufacturer has stated the offer is only available until end of Feb, do I tell the garage owner this in the letter or is this pressuring them? Also do I address the letter to both of the owners as there are two, husband and wife? The bike has only covered in total 23k miles and has a full service history, I’m also including the £177 it cost to diagnose the fault in the claim. What’s the likely hood of me winning? He’s gone from saying I don’t have a leg to stand on to send me the details and I’ll speak to my solicitor, do I have a good case? Sorry first post is a question. Cheers
  17. I purchased a HP Pavilion All in One computer pc in Feb. 2010. Since May last year I have been unable to use it properly as it keeps blue-screening. I have taken it in for repair to 2 different companies one in May 2013 and the other in Nov. 2013 who have both replaced the hard-drive at a total cost of £180 . It still keeps blue screening and I was told by both companies to go back to PC World and state that my machine is not fit for purpose. I was also informed by the last company that he would be willing to give me an engineers report letter and that the machine should be in working order for 5 yrs. at least. Can anyone advise me please, pin62.
  18. Hi, I recently ordered some flyers from an online printer. I uploaded my file and paid through Paypal, around £70 The flyers arrived last week, no problem. However, today I received an email from the printer stating that because the flyer contained an application form on one side I now owe them a further £17 in VAT. Their website references no mention of VAT rules or what is or isnt allowed on a flyer. Where do I stand regarding this VAT bill? Thanks in advance.
  19. G'day Folks, I purchased a used car and received the V5 and also the MOT cert. 4 weeks after purchasing a car from a private seller I have received a letter from Mobile Money claiming they have a financial interest in the vehicle and it is secured by a bill of sale. I only paid £3000 for the car. It turns out that the private seller I bought from is unaware of this issue. He only had the vehicle 5 months and Mobile Money never approached him because, 1. He didn't take out the logbook loan and 2. He did not turn up on the system as a registered keeper. The logbook loan was taken out in June 2012. The car was then sold on. It was sold on again. It was sold on again. Then sold on again to me..... Mobile Money explained they cannot give me a copy of bill of sale as they are governed by the data protection act, and so must protect the original customer. So I am now negotiating a ransom settlement, so that my car is not towed away. How can this be happening in this country?
  20. Very quick question. Other half sold a Virgin Experience voucher on EBAY between Xmas and New Year which has now been discounted as part of the Virgin Experience January sale to £10 from £40 which it was priced at before. Buyer paid £18 for it and now has checked the website finding it is of course now cheaper. Received an email from them asking how the situation can be resolved. I have pointed out that most of my Xmas present were half price on Boxing Day but I doubt I would get a refund of the difference from the high street stores and I am guessing the same applies here. I therefore do not see any problem that needs resolving however if this is wrong i would be happy for someone to correct me. Thanks
  21. I wonder if someone might be able to advise. I am thinking of trading in my car and I might even be able to do a straight swap with a couple of dealers. however they say it will be classed as a trade sale and hence no warranty.... can this be the case or does the trader have to warranty any car many thanks
  22. I recently left a house for various reasons, had trouble with landlady, solicitors involved etc etc. It has now come to my attention that one of the other tenants has sold some of my belongings left in the house as I was unable to move everything all in one go. Am I correct in thinking the landlady still has a duty of care for my belongings, and this is theft? I have had no contact with the landlady or other tenants aside from through the landladys solicitors. I have also discovered that the landlady has been discussing the matters between us with another tenant, such as her taking me to court (it was threatened but has since been resolved), me owing £2000 (not the case, and has also been resolved), my reason for leaving (bullying by tenant that has sold my belongings), and me breaking the tenancy agreement (not true and has been resolved). Does anyone have any advice on this situation??!!
  23. Hi all, Purchased car from Private seller for Cash (Have receipt, logbook, service history MOT, proof of ID etc) Did basic HPI Check which showed Cat D - Negotiated lower price for car. Forward on two months. Yesterday, I received letter from Hermes (LBL) with photocopy of two pages of Bill of Sale. In 21 days they want the car back or me to pay pretty much the same amount I already paid. BOS was stamped at court 4 days after bill was signed. Also did HPI check and it shows as registered with HPI on day BOS was signed, I have seller's mobile, email, linkedin, facebook, but no contact can be made. So right now, I guess I am out of luck. Does anyone have any ideas of help? Would be willing to speak to a solicitor, but I am not sure how to find one who knows about these things. Thanks.
  24. Hi I'm new to this forum so be gentle with me. I am in a very strange situation and I'll try and keep it brief. My private house fell into disrepair early this year and I couldn't afford to fix it. I had no heating or hot water. I had to move out and find somewhere to rent. I notified my lender, at that time, and asked if I could sell the house privately. They (GE Money) agreed and I found a cash only investor/buyer through an estate agent who was ready to buy immediately. Unfortunately, the house is in a negative equity situation and there is a large shortfall. I wrote to GE money and asked if they would accept it in full and final settlement. They declined. My proposal to contribute towards the shortfall was to enter into an IVA. GE Money declined that too, although it hasn't yet been presented at a creditors meeting so the IVA team are still hopeful. GE Money then changed their mind about the sale and said they wouldn't release me from the charge if there was a shortfall. GE Money have changed their minds several times about the sale of the house and delayed the process for 6 months. The buyer made an offer in July. This has resulted in 6 months of arrears occurring and I now have to attend a repossession hearing in a couple of weeks. If the repossession goes ahead then the shortfall is potentially likely to be even greater than if I was to sell it privately. Surely if they repossess and sell it themselves then they will have to take my name off the mortgage anyway? I am now living in rented accommodation and have absolutely no way of paying the arrears, continuing with the mortgage or clearing the shortfall. I have been in a debt management plan for 3 years - GE are also aware of this. I'm just posting here to see if anyone else has had anything similar happen and if the Hearing can rule that I am allowed to sell the house privately. The buyer is still interested. Thank you for listening to me rambling on.
  25. Hi There, I am hoping that someone on the forum can help me. I would like to know if the sale of goods act covers puppies. I have recently bought a male puppy from a breeder that is supposed to be kennel club registered. When I collected my pup the breeder said she would send on the papers to me once they had arrived. I had to email the breeder almost weekly to ask for the papers and when they did arrive they were for a different female dog. I have been in contact again and the breeder has said there are no papers left. I contacted the kennel club to see if they could help but they cannot and they advised me to check out the sale of goods act. I am concerened as the puppy is a staffordshire bull terrier and without the registration papers could be classed under the Breed Specific Legislation law as of the pitbull type. I am running out of patience with this breeder as she has started ignoring my emails to try to clear the matter up. Any advice would be greatly appreciated.
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