Hi, I wanted to know what the situation was with regards to selling our house whilst under an IVA agreement. Is this allowed. I realsie any monies would go direct to my IVA but do they allow you to seel the house in the first place?

Hi, i need some help, i recently sold an expensive watch on ebay. I wanted it collected in person with cash as didnt want any come backs. It was as advertised with pics ect, also had it authenticated in writing. i had 1 winning bid, the chap asked if i could courier watch to him and he would transfer money into my bank account. money got paid in ok and recorded delivery to him. i thought everything was fine until i have just returned from working abroad and to my dismay i have a court letter saying that he is claiming £470 because the watch needed servicing ect. Can he do this? Thanks.

Reading through this judgement may help others who have issues with retailers and poor quality goods, i.e. not fit for purpose.

hi not sure if this is the correct place for this but will post up and see what happens last year I sold my house but have recently received a letter from my solicitor claiming asbestos has been found to the rear of the property and the buyer wants me to pay to remove it when I moved into the house some ten years prior there was an area to the back of the house next to the garage which was fenced off and I assumed belonged to the electricity board who owned a substation next to said area.this area was full of rubbish and could easily be accessed from the rear for more dumping to take place it was only in later years I found out half the small area was actually my land but as it was pretty much dead space I never bothered doing anything about it during the course of the sale the buyer viewed the house multiple times including bringing a builder and all through negotiations seemed to want every last drop of blood from me! I have had one letter which states the asbestos is within the garage structure even though this was brick walls with wood/felt roof yet the quote provided only mentions some asbestos to the side of the garage my point is I do not see who can be shown to legally own the said material and also that it could be moved from one side of the boundary to the other quite easily also the conflicting info 're its location confuses me one final point during the course of the sale it seemed as if the buyer was planning to rent the garage out as a living space is this legal? apologies if this is a bit confused but I would appreciate any help or advice and any questions just ask many thanks

Hello I split up from the ex nearly 5 years ago. He still lives in the property we bought together and whilst he paid me back my share when I left, to date will not remove me from the mortgage (tennants in common). Things are acrimonious between us and we don't speak. He is a nasty bully. I have requested he remove me from the mortgage and he said in the past he didn't want to as it would cost him money. I gave him a month on the 6th December to give me an update and to date he's not responding. I think I will need to raise a claim and do this through the courts as he appears to have no intention to remove me. Probably because he will need to remortgage I think and the bank assesses his finances etc. When I knew him he had plenty of money but perhaps that's changed I don't know. I really want to be rid of him and all ties and if he defaults the bank will come after me which isn't great as I'm unemployed. Can anyone advise me on if I'm in my rights to raise a claim and what points I need to put in there? I can't afford a solicitor but I can't have him bully me over this any more. Thanks

Horse DNA has been found in some beef burgers being sold in UK and Irish supermarkets, the Republic of Ireland's food safety authority (FSAI) has said. The FSAI said the meat came from two processing plants in Ireland, Liffey Meats and Silvercrest Foods, and the Dalepak Hambleton plant in Yorkshire. It said they posed no health risk. The burgers were on sale in Tesco and Iceland in the UK and Ireland. In the Republic of Ireland they were on sale in Dunnes Stores, Lidl, and Aldi. "In Ireland, it is not in our culture to eat horsemeat and therefore, we do not expect to find it in a burger.” The FSAI said the retailers have stated that they were removing all implicated batches of the burgers. A total of 27 products were analysed, with 10 of them containing horse DNA and 23 containing pig DNA. Horsemeat accounted for approximately 29% of the meat content in one sample from Tesco. http://www.bbc.co.uk/news/world-europe-21034942

Hiya, I apologise in advance if I am posting in the wrong thread. I'm just wondering... Does a company have to provide you with a copy of something proving you agreed to T&C's before you purchased something online if you request it or can they refuse to do this? Thanks in advance

Morning All! Hope you can advise.....this is for an assured sht gone periodic due to old ll not renewing, though we have sms confirming acceptance of extension to 1/5/13. New ll is happy to keep us as tenants however long we wish to remain. The property we rent was sold. We were not informed of this until mid november by the new landlords agents. The sale date was 28/09/12. We paid via bacs the october and november rent to the old ll. The old ll did not protect our deposit. The new ll has not been sent this deposit. Questions are: Who is responsible for informing tenants of sale old or new ll. I know we should have been sent these.... Old Landlords Letter of authority Notice under s.3 of LTA 1985 Notice under s.48 of LTA 1987 Never received - though notice off new agents for new ll - apparently old ll and his solicitor was not forthcoming with our details! We have asked old ll for a return of the monies, he is not going to due to a dispute will the new ll over the sale ! - this is clearly nothing to do with us. LBA action sent to old ll - no response nor payment I issued a CC claim issued yday for: the two months rent plus the unprotected deposit and a claim for the penalty for non protection under housing act / localism act 2012. Total exceeds 2,400 plus fees. I am confident in winning, this is not the issue! - Anything i need to be wary of ? Also would it be possible for old bill to advise, i believe there is a criminal case here - theft or fraud..... Thanks Numbers

Hi I was wondering if anyone can give me advice, i have a car on finance with ACF, funded by cynet fiancal, i have paid 17 months worth of payments totaling 5100 i have 7 month left which is 2100, this is on BILL OF SALE, i thought it was HP but was told its not by them, but yesterday the car broke down as result of flood damage (i live in devon) insurance wont cover and engine is flooded so car is a write off, i call cynet to explain this was told its my own fault we still have to pay 2100 for a car which book price is 1000 and not working, ask to lower payment was told no, missed one payment as they have no recorded of me changing payment date so got sent a £25 letter charge, they told me they will reprosses the car which is fine by me, but if they does anyone know if we can put outstanding amount on our debt managerment plan (debt managermen know we have car on finance) as im the only person working and supporting a family i know this is not ideal as i will still pay outstanding just can afford 300 a month for a car which is a write off,, which i cant scrap as i dont fully own it!!! i really stuck and everytime i speak to them they make me cry!!! by shouting, being aggressive and rude PLEASE HELP Keeley

Hi Has anyone opposed an order of sale and possession order? My ex, who jointly owns the property that me and our 2 kids live in was made bankrupt in Oct 2011 now that a year has passed his trustee is looking to force a sale. I tried to negotiate to buy his beneficial interst but the trustee wants £40k I offered £16 as I have paid the mortgage and joint securred loan on my own since Jan 2010. I will also be left with the securred loan of £36K. A loan the was taken out to clear some of his debts - he benefitted £30k and I benefitted £6k out of the loan. I have proposed to his trustee that as section 283a of the act doesnt apply - we never married and our property was not his sole or principle residence on the date of his bankruptcy and cos the property does not vest back to him after the three years in fact there is no time limit in which the BT has to deal with the property- me and the kids stay in our hime until our youngest son (14) finishes his education. She has refused this proposal though she has said if I could find prev cases where this has happened she will reconsider. We will use this defence if we have to go to court. Any ideas? Thanks

Hi. I have just joined and need some advice. The issues are around a Xerox DC250 we bought on 7th June 2006 from a Premier Partner of Xerox called Zerographic Systems Ltd that failed massively to perform as specifications. I have just been to a CMC as a litigant in person As a result of a long legal battle I have very serious issues to how I was treated at this CMC I have also given a brief history below these questions. Consumer questions To get to the key of the dispute 6 years ago it was disputed that the machine had no fault and was working as per spec and the last 2 entries in the logbook were not Xerox engineers. This was made in statements and correspondence from as far back as December 2006. This has now in Feb 2012 been divulged that they are Xerox engineers. In recent documents and statements by Xerox and Zerographic’s they have now said the logbook is completed by Xerox engineers and have used a document Customer Expectation Document (CED) that says the machine is only capable of between 10,000 and 40,000 clicks per month. The brochure I bought the machine on with the advice of Xerox at Ipex April 2006 indicated up to 200,000 per month. The 10k to 40k is 5% to 20% at best as advertised. The logbook has entries as listed here a) 24th July 2006 – “problem” with “cyan spots on prints” b) 10th August 2006 – “jams” and “finisher will only take approx 300 sheets” c) 16th August 2006 – “duplex jams, “still having problems” d) 18th August 2006 – “paper curl”, “advise of known problem with paper curl, no short term fix available” e) 25th August 2006 – “fault still present” f) 31st August 2006 – “ghosting” g) 7th September 2006 – “curl!! mega problem” h) 12th September 2006 – “visit to look at fuser curl and colour change – advised curl was a national problem – will add this machine to database”. 2. The CEC was produced on 24th June 2006 2 weeks after we were bought machine so therefore was not available to use in the selection of the machine. 3. We have 3 statements supporting the selection in 2006 at Ipex was by consultation with Xerox and we were told it would do as per the brochure and easily do our calendars. This raises these issue and questions to what to do next. The machine has now been divulged as being sold to me with A known Fault Knowing it was not suitable for the purpose to which it was purchased (CED) Specifications indicated on sale literature that were grossly exaggerated Failed to comply to the sale of goods act Made false statements Manufactures withheld crucial documents from their partners therefore hindering their ability to comply with the sale of goods act. Namely the CED. Refused liability for defective equipment Failed to comply to trading standards Infringed advertising regulations by over specifying a product As a result of both of their actions since October 16th 2006 to March 2012 have perverted the course of justice and our rights under the sale of goods act. Infringed our rights under EU Treaty. Lied to the court and us for over 6 years concerning the CED and logbook. My legal questions are: 1. Is there a limit on time to present a bundle and skeleton argument to allow a litigant in person to get legal advice? We were only allowed less than 48 hours to which the judge was informed. 2. Is it correct that a lay representative has to have legal knowledge? We were refused a Lay representative on the grounds he had no litigation experience although he was a Chief Inspector 3. Is there a statute of limitations on evidence unearthed 2 years later that cannot be re-opened? I am in mind how the Hillsborough case was re-opened and the resulting issues. Our evidence came about by recent statements, after 6 years, and these contradicted ones previously given and also was found to be contrived between a claimant and Part 20 defendant. This had a massive effect on our defense for over 6 years and decisions we made on the evidence now being told was false. 4. Zerographic’s were awarded another £400 per month on the £2000 already being paid. I protested that this was not possible to which he snapped back at me ‘If this is the straw the breaks the camels back, then so be it’ and adjourned the hearing. Can a judge mock a situation as he did by saying what he did at the end? Is there what we see as irregularities in the actions of the court to our rights to a fair hearing? OUR HISTORY We have been in an expensive long battle with Xerox and Zerographic Systems Ltd concerning a large digital printing press (DC250) we bought through their Partners on 7th June 2006. In September 2006 Xerox asked me to go to a meeting at Uxbridge to sort out the machine issues that were clearly evident in the machines Logbook. I hade a contract for service from Xerox. At that meeting they accepted that there was a fault and offered a loan machine for 2 months from 16th October. They offered to print our backlog of calendars to ease our problems. We are seasonal company in Calendars and Christmas Cards. They agreed to look at some sort of recovery package once our season was over. Good result. I worked with them by traveling twice to 3 times a week from Bristol to Uxbridge to pick up calendars they produced as per the agreement On the 16th October they withdrew the offer of a machine with no reasons accept that they had none in stock. I tried to contact both Partner and Xerox with no response. This started what was a very long and bitter legal battle. In December 2006 Both of them said, via letters to our solicitor, as far as they were concerned the machine was printing as per specifications with no known fault. We set them a very detailed history of the faults. This included the Xerox Logbook. In May 2007, by then our business had suffered considerable financial damage, we had a meeting with Zerographic's director at our works. He refused to accept there were any problems with the machine. When shown the logbook he said Xerox had informed him the machine was working as per specifications and with no faults. I did loose my temper at this point and had to leave the meeting. The meeting after was a a farce and they left. On 7th June 2007, one year later we bought the machine the best Zerographic's could do was take the machine back as we had chosen the wrong machine and that it we were using the machine well beyond its specifications. I must point out that we challenged this by asking what specifications were they using as on the sales brochure it says the machine will double side A3 and print up to 200,000 per month and pointed out in 12 months the machine had only done 54,000 and that was on letterheads and leaflets as it was not capable to print A3. We accepted the offer to take the machine back but reserved our right to sue for losses and that they accept the logbook as being a true reflection of the condition of the machine. They relied by refusing our demands. In August 2010 a judge ordered Zerographic’s to Part 20 Xerox. We had no contract with Xerox so this was a major event in our defense. In February 2009 we were sued for non-payments mounting to £52,000 for rental and clicks (minimum clicks 10k per month). We had defended this with a counterclaim. 6 months passed and Zerographic’s released Xerox as a Part 20 defendant with a Tomlin Order. The release was on a statement from Xerox that the last 2 engineers were not theirs and were our own. That the machine chosen was not capable of the work we had bought it for. We were using it beyond its specifications. I was not happy and but was told we could not challenge the part 20 release but could demand the correspondence to look at. A large file of emails and letter arrived concerning the to and fro of the release. This started another battle as they had criticised many other issues like paper stock conditions in the workshop. You name it they said it in Xerox’s defense of the Part 20 and in the statement supporting these issues. In February 2012 we exchanged statements in preparation to trial. The statement of Xerox was changed and they now admitted that the two last entries to which the first statement had said after extensive research were not Xerox engineers were now admitted were theirs. In another statement the managing director used extensively a document called a Customer Expectation Document (CED). We had never seen this document in the brochure the machine is advertised as capable of up to 200,000 copies per month. The CED says a at best 10,000 to 40,000 depending on usage. They had used 10,000 as the key to their defense on the reasoning it was A3 double sided. Our solicitors called a meeting to which they said this evidence made our case very week and needed to try and settle out of court. We had at this point we were in shock. 1. We had been lied to for over 6 years concerning the engineers. 2 we had never seen the CED and if we had we would not have bought the machine. 3. we had spent by now over £165,000 on legal fees. Zerographic’s were open to settle but wanted £45,000 plus cost of £180,000. Our solicitor said he was shocked as they had been litigants in person until July 2011. He tried to reason with them but no response. We were advised to go on as it would be cheaper. I gave the documents of the Part 20, which we received in Feb 2011, and also the new statements. To two retired policemen friends. One was a Chief Super and the other an inspector. Both contacted me with shocking reports. 1. Firstly the very damning CED was issued 2 weeks after we bought the machine so was not available for us to see let alone use in their defense. 2. That by lying concerning the last 2 entries in the logbook were not done by Xerox engineers and then saying they were was very close to perjury in context to a co-defendant being released by a false statement and a document that was not relevant the CED. 3. They both found very serious issues within correspondence that was conspiracy and perverting the course of justice. We took our findings to a meeting with our solicitor 3 days prior to the final CMC to set a trial date. After the inspector friend presented the collective findings our solicitor said he would look at it and get back. The day before the CMC, our solicitor, who said the barrister had missed this damning evidence, contacted my wife; as such he was going to sack him at the CMC and present this evidence to court that day He did not do as we directed him to do. We did not get to the CMC. The history of why we were forced to pay them £110,000 out of court is still not clear to me but that is what my wife was made to do by both sides without my knowledge or my permission. Both my friend and I were told to not be present. My wife was only there to support our solicitor. This is where I need advice and or guidance and are in reference the questions above. We sacked our solicitor as a direct result of him not doing as agreed. We then made an application to the court asking for a set aside on the payment to Zerographic’s while his Honour reviews the evidence we placed in front of him. We sent copies of our evidence and a statement of truth to the court, Zerographic’s and Xerox The result was a CMC on Wednesday 31st October. The judge called the hearing so this was good news. Zerographic’s were not happy. Many letters later from them on the Friday 26th October at 17.05 we receive an email for Zerographics solicitor saying that as we had not sent a bundle to the court and so they had made theirs for the hearing and it was posted that night to us. A skeleton argument concerning the issues we had presented to the court will be in the post to us later. This was Friday after hours. I immediately informed the court by email that this bundle had not given me time to get legal advice due to being not delivered and not complete On Monday at 11.15 a massive parcel arrived by normal post to our residence in Cornwall. There was no skeleton argument and the first page of contents had it mark to come. Again I emailed the court to point out with less than 24 hours to sort out some advice and that it was still incomplete was unfair and unjust. On Tuesday we had to leave for Birmingham courts. We had arranged to stay with our friend who lives sin Solihull. No skeleton argument arrived prior to our leaving and has still not arrived. They did not post it. We arrived at court and I asked the court to accept my police friend as a Lay Representative. The judge refused him on a ground that although he had criminal experience this was litigation and as such he was not acceptable. I protested saying that I was not capable through illness of presenting our case to court while our friend was. The judge then went through the whole court procedure in medical aid and again refused our request. He threw out our request to stay payments on our undue influence claims. Using the skeleton argument from Zerographic’s. He halted and asked me if I had received the bundle and arguments to which I replied I had received the bundle but not the arguments and that the judge was aware of the position via my emails that I had less than 48 hours to get advice. He ignored my plea and Zerographic’s handed me a copy of what was at least 1 days reading let alone while in court. The judge accepted this as OK He then refused to visit our finding I the Part 20 documents on the grounds that over 2 years old and we had our chance at the CMC 21st March. It was to our solicitor we needed to redress this issue. He then read out the second statement of Xerox and said he could not see any conspiracy, perjury or evidence of perverting the course of justice. We were in shock because of course not as he had not used the Part 20 documents to refer to to which the second statement was complied from. In the second statement there were many references to the CED and the engineers. We were then set about being carved up like a piece of meat between their Barrister and the judge concerning cost. They were awarded cost of the CMC, the judge called, we did not ask him to re-open the case, of another £400 per month on the £2000 already being paid. I protested that this was not possible to which he snapped back at me ‘If this is the straw the breaks the camels back, then so be it’ and adjourned the hearing. I was now in a state of shock and experiencing severe stress pains and just left. My police friend said it was the most disgraceful court hearing he had ever attended and there was a definite pr-hearing agreement to how this was going to pan out. He believes our rights to a fair trial have been violated by a prudence judge who made it clear not to come to his playground and try and join in. Why did he re-open our case if he was only going to throw everything out of court and then to make us pay for his calling a CMC?

Hi Everyone, I was looking for some advice on negotiating with a secured loan provider. We have a flat worth approx 80k - the mortgage is currently sitting at 70k and we have a secured loan of 23k From the sale of the property there will be a shortfall of 13k left on the secured loan - we have asked if the loan company can turn this into a unsecured loan on the same terms as we don't have any other savings etc to clear it off. We plan on renting as we can't afford to buy a new house so it is not possible for us to transfer the loan onto another property. They have said this is a possibility and have sent us an income / expenditure form and asked us to confirm the valuation, sale price etc. Has anyone had any experience of this before? I am just worried that they will see the 13k as too much and block any sale - if there any legal routes to go down if this does happen? I read on a previous post about going to court to get an 'order of sale' i have a lot of unsecured debt (manageable) so i dont see getting another unsecured loan to clear the 13k as an option until well after the sale of the flat when my credit might improve a bit. I'd imagine that there is more and more people in this situation with negative equity etc - when we got this loan they said we could have 125% of the house value - crazy! worst thing i ever done was take it out as secured I'm new to this so if you need any more info please let me know - thanks A

obtained 2 money judgments last year and have started enforcement action. judgment debtor has now issued proceedings against me for sums that have already been decided in court. this has now delayed order for sale for another three months. judgment debtor now has an unless order to file a further statement of case and set out full particulars of the claim. what if they are still identical to what has already been dealt with?

Hi there I am new to the forum and need some help my Husband (from whom I am separated) has run up Council Tax Debts - which I had no knowledge of. The Council's solicitor has been odious and would not negotiate with me when I found out and contacted her, neither would the Council - I made 2 offers before she served the Order on us - I had no idea she had even got the necessary paperwork together to get to this stage. she applied for an Order for Sale and now we go to court on Friday, and I need some help on dealing with some points of law - I was getting some free legal advice but the gentleman concerned is now overseas working on a Trial now. the solicitor has finally accepted our offer (2 weeks after we made it and only 4 working days before we go to Court on this Friday - obviously to further add to the stress we are already under) and will suspend the order for sale if we agree to some "extra" clauses she has added and which I need help with! the offer she has accepted in order to suspend the order for sale is £1,000 now with the remaining Council Tax being paid off over 18 months. Please note the council tax is for 2 years 2010/2011 and 2011/2012 and the total debt including interest / bailiff fees etc is around £4250. I have already paid off 2008/2009 and 2009/2010 for my ex. because he got in a mess. Believe it or not we have maintained a good relationship even after this! Do I contest these little extras in Court, or when I complain (to her firm / the Council) about various matters/including the contents of the Agreement? I am worried that if we contest them in Court then the Hearing will be delayed and she will say that we are trying to delay things / not pay - which we are not and then add more to the costs she expects us to pay. By the way she has already accused of trying to delay the process –which we have not! In any event, these are her little extra: If we break the agreement the property should be marketed at a sale price of not less than £150k. This is not reasonable or equitable as the drive by valuation she obtained in June 2012 was for £165k and we purchased the property 5 years ago for £182k and I put down a £18k deposit. The only reason we have any sort of equity is because we have paid off a chunk of the mortgage (mortgage now stands at £135k) but if she puts property on the market at this price we will be left with nothing. Surely it is not reasonable for us to be expected to accept this? Should we challenge in court? The property should be marketed at a value of no less than £150k - which is not equitable to us. Firstly as the solicitor obtained a drive by valuation of £165k in June 2012 and we paid £182k in 2005 with a deposit of £18k being paid. The mortgage now stands at £135k and the only reason we have any equity in the property is because we have paid off some of the mortgage. She would be happy to leave us with nothing (and probably further in debt), once the Mortgage and Council Tax Debt paid off - if for example a sale price of £145k was agreed this would leave us owing money for the conveyance / estate agents fees; Now this is the really good one and ties in with first "extra". She wants her Firm to conduct the sale of the property! Which is another little earner for her Firm (apart from her costs - which more on in a minute). Now surely this is a conflict of interest - ie she cannot work in the interest of both the Council and us? Hypothetically, she could put the property on the market, sell it to the Cousin twice removed of the head of XXX department at the Council's and leave us owing her Firm/the Estate Agents money for the sale, with the purchaser being left with a flat worth considerably more than was paid. Thus I presume we should challenge this in Court? Next she has wacked on the Claimant’s costs (ie her fees) to the tune of £2,450. Now I/My ex appreciate there are some fees involved, however if she / the Council had met me half way and agreed a payment reschedule then a lot of the fees could have been avoided. It is my opinion she did not want to negotiate and wanted to earn extra fees/kudos for herself. Thus I presume we should challenge this in Court? Finally the interest on the debt (around £500.00 to date) she wants continued to be added to the debt at a rate of £0.86 (8%) per day which adds £313.90 a year to debt. Surely this should be frozen at the date of the Hearing? Plus the interest rate is way above the rate of inflation and according to Section 17 of the Judgment Act should not be added to Council Tax arrears. As per below and again I presume we should challenge this in Court: Section 17 of the Judgment Act, states Every Judgment debt shall carry interest. However a Liability Order for council Tax should not be classed as a Judgment as defined in Section ( ) of the Same Act since it s not made in a Court of Equity or of Common Law. The fact that there is a Charging Order does not affect this as a Charging Order for Council Tax does not meet the definition of a judgment either Please HELP. I know this is long winded but believe me when I say there has even more going on in the background! I feel bullied, harassed and totally stressed and I will complain about this all post the court hearing to the appropriate people but at the moment I need to know how to proceed. I am not a bleeding heart and know my husband should have paid these costs but he was in a terrible state for a couple of years and could not cope and then continued to bury his head in the sand, hoping it would all go away. I also had cancer in 2008 and was diagnosed by my Oncologist in 2009 with Clinical Depression but neither the council nor their solicitors have taken care/note of this. The last few years have been horrible and I just want to get things sorted but I don't want to be blackmailed in to agreeing her terms, which are manifestly unfair to us. Please note we will make the payment of £1,000 and put the monthly repayment aside - if the court date is delayed because we do object to her terms, so she cannot throw this at us further.

http://www.credittoday.co.uk/article/14477/online-news/pe-firms-bid-to-acquire-arrow-global-

Hi I have a car purchased through the funding corporation, I have one payment left and due to being made redundant at Christmas last year I cannot make it on time, I have called them and offered to pay next month they refused this and have issued a termination and seizure notice unless i rectify the situation in 5 days, ontop of this they are also asking for £900 in charges due to late payments, I have always paid but due to no job sometimes it was late. I have asked numerous times for the bill of sale and they have not provided it. what are my options as I am disabled and need the car, i am worried that they will just turn up and take it leaving me living in a small village with no public transport links. Please can somebody advise what i can do. thanks in advance

Hi Can a creditor send in the baliffs before a final judgement has been made

Hello, I bought a car 4 weeks ago via a Bill of Sale. I have just received a phone call from the company I bought this vehicle from saying that my finance application was declined and that I should return the car. I haven't even paid the first payment as yet. What are my options? They have threatened to repossess the car. My understanding is that if I fail to get finance the Bill of Sale is void. This means I have a personal loan from the company which is unsecured. Do I have to return the car?

Hi, l had an ordered for sale on my house which the court dismissed for the reasons of the land and trust act of 1996 but now the claimant as issued again citing the Judge never c=gave a reason. Can he do this

Hi folks I'm new here - so go easy. My Mrs took out a logbook loan from LBL against her car in May and fell behind on payments when she went of on maternity leave. I tried to help, but it was too late and they issued a default notice. I called them recently and they told me the car was up for repossession and give me the phone number of the agent. I called him (a lovely bloke, snigger snigger) and he filled my head with a lot of rubbish about how the car will be registered as stolen and how insurance is void. From what I've read on this site - that's not the case. Anyway - the car has been off the road due to repairs and hasn't been at the address we got the loan at. Incidently - my wife signed up for the loan in her parents home with an agent, I've read some comments on here about this being a problem, but can't really get a definitive answer on it. Comments please? We are now in a better position and are able to bring the arrears up to date (around £900) and make the weekly payments comfortably. Today I have sent a recorded letter to them to advise them of same and asked for them to confirm their acceptance and bank details by return. From your experiences - are they likely to cause a problem with this offer? I also called the High Court today and they advised me that the BOS was registered correctly, so really I'm just wondering now what I need to look for to render the BOS void? Is there anything that I should look for? I've searched and read around this forum a lot and there's lots of good advice, but any help is greatly appreciated. We always pay our debt, not matter how expensive it is and will continue to pay LBL, but I wouldn't mind releasing her car as security. Thanks folks - great forum by the way. Dave

Hi there, I'm in the process of MCOL and need some advice, I wish I'd come here first due to the problems and mistakes I've made. I initially wrote a POC of a sentence or two expecting to be able to send the full info separately. The next screen was the interest screen and thought the check box here related to support of interest & out of pocket expenses rather than extended POC. I then added the full interest rather than the daily rate. I apllied for amendment that was refused. Later being told that an N215 form? to add to it would have been suitable and no fees or anything involved. I returned the allocation questionaire and a week or so later and order that the defence had been struck out arrived soon after. Hoping this would be refused reinstatement I waited. Today I received and order to reinstate the defence is upheld. The other parties solicitor seems not to have recieved 3-4 items of court mail, when at my residential address I've received everything, not one item missing. Personally knowing the the RM have to carry court and business mail first I do not believe it. I personally think as my order to amend wasnt upheld they thought it would be dropped and therefore didnt return the allocation questionaire. So I phoned the local court today only to be advised that I was taking the individual to court and not the company, which was a bit of a blow. I need to up date the statement for court and some further proof the defence has requested. However I want to make sure I do this properly. I have been told by the court I can try amend the name with another formal application & fee. There's nothing to give me any confidence this will go in my favour after the previous attempt and that the judge seems to agree with solictors first and foremost (when it seems an outright lie not to have received correspondence from the courts on more than one ocassion). The courts have advised that if I go through this and its not in my favour, I can make a new application in the company name and make sure I get the POC right this time. So with respect of this statement, I need to ensure the judge understands what the amendment was about. Then what I feel about this request for the defence to be reinstated, then my statement of events and evidence? Currently it is just numbered paragraphs with reference to the evidenced documents? The defendant hasn't told the solicitor everything, he maintains that the first he heard from me was my letter of January last year, he fails to tell the solicitor that I came for remedy in person with a friend and he would only give the bad workmanship a casual glance and offered no remedy as the guarantee was out of date by around a monhth. I suffered with a back injury so the car had broken down in Cornwall at relatives some 250 miles away. I was in effect bed ridden for about 6mths so couldnt get to the car to pick up on the workmanship. I realised under the sale of goods and services act that I have 6 years for workmanship to show up and make claim. I wrote explaining this and CPR rules and he stopped returning correspndence. I left it for another month to give ample time and show willing before setting up the MCOL. I wrote 3 formal letters in total as wanted to resolve out of court and just obtain a refund on the gearbox reconditioning, rather than the clutch failure thats related and various other expenses. Thanks for any advice in advance Jess

Hi I agreed to buy a laptop from Dell but then the laptop was paid using my parents credit card and was invoiced to them. The laptop when received was registered under my name. The laptop is faulty and I am having to take legal action. Does the sale of goods act cover me? Or is it my parents as they were on the invoice? The sale of goods act says: To me I think I agreed to buy the goods but my parents purchased it. Who is covered or are we both? Currently the small claims case is under my name is this going to be a problem?

Hi. I have a mortgage with GMAC for which the outstanding balance is £118000, a secured loan with Picture for £42000 and 3 charging orders...Lloyds TSB £4500, Moneybarn £6000 and for a water charge of £1800. I want to sell my house which is now only worth aroud £115000. I have received an offer of £105000 from a cash buyer. I have spoken to Gmac who have agreed the sale, Picture have also agreed it with a proposal to pay. My questions are: Will the presence of the charging orders prevent me from selling? And will my prospective buyer be informed of my secured debt and charging orders? The buyer is a family member and thus I do not want them knowing my position. Any advice will be welcomed. Thanks

Hi Guys, In May 2012 I saw an advert for a kit car in an online classified website which caught my eye. The car was advertised as being off the road on SORN (no tax or mot) for 2 years but kept in good working order, been recently serviced (DIY) and it just needed 3 things to pass an MOT. I called the seller to enquire further and made him aware that I am quite far away and can't come to view the car so he will have to tell me the history of the car and I will be relying on what he tells me to make any decisions as well as requiring further photographs of it. He said thats absolutely fine and we went over the history of the car and why it has been off the road for 2 years and his reasons for selling it. Everything in our correspondence sounded legit and reasonable. The facts about the car as he presented them; Car was built in 2000 and had been MOT'd upto 2009 when it was taken off the road to do some modifications. then he started a family and the modifications were started but not finished and now he doesn't have time for it. It has been looked after while off the road and various bits of maintenance have been done as well as the engine being started regularly and warmed up. He stated 3 specific things which needed to be done for the car to be ready for an MOT test all relatively minor. He stated he is an engineer and its been excellently looked after - I believed him. I decided to buy the car and organise it to be picked up and delivered to me. I telephoned him and stated that I am happy to offer him the asking price on the basis of everything he has told me and his answers to all my questions. I paid him a deposit while I organised for the car to be picked up and delivered to me. I then paid the balance the night before the car was due to be transported and the seller stated he would hand all documentation for the car and some spares to the transporter driver to give to me. When I got the car; 1. There were only 2 MOT certificates from 2000 & 2001 - I was told it was MOT'd upto and including 2009. 2. The 3 things which I was told are required for the MOT seemed as discussed. 3. On trying to start the car the battery was flat. 4. On trying to start the car with a fully charged battery it wouldn't. Further investigation revealed the fuel tank was bone dry and disconnected. The fuel line from the petrol tank to the main fuel supply line was missing. 5. The car has no horn fitted which is an MOT requirement. So that means there are 4 things required for the MOT. 6. Once I got the car started I found the water pump dribbles water (is on its way out) and water overflows from the radiator. 7. The fuel lines in the engine bay which connect the carburettors leak and dribble fuel which is unsafe and an MOT failure making the number of MOT points 5. 8. I cannot engage reverse gear. I contacted the seller; 1. Asking about the MOT's for 2002-2009 He said he thought there were all together and it must be the wife has filed them with the old registration document and if he finds time he will have a look for them. 2. Empty Petrol tank; He said he drained the petrol out prior to it being collected as he didn't know how long it would be standing for and all I need to do is reconnect the fuel line to the tank and fill it up. Following that email I sent him another stating I can't start the car and that the horn doesn't work and that I phoned VOSA and they stated they have no record of any MOT for this car since 2005 - when MOT's were computerised. After that email he stopped responding to me and doesn't answer the phone or respond to voicemails for 2 weeks I have been phoning him. My Issues are; 1. MOT history has been lied about. VOSA have no computer records of an MOT since 2005 where he told me the car passed MOT's upto 2009. 2. I still fail to see any reasoning why someone would drain the petrol out of the fuel tank. With the missing fuel tank connection it seems to me that this car has not been started for some time or he did not want me to be able to start the car straight away. Especially as the battery is also dead it contradicts his statement he started the car prior to it being collected. I haven't had his feedback on the points below as he is now ignoring me; 3. The leaking water pump & radiator is also a lie or cover up. If he had been starting the car regularly as he claimed then he would have known about the leaks. So he lied it had no leaks when I asked him. 4. The leaking engine bay fuel lines are another possible trigger why it was drained of fuel. 5. The missing horn & leaking fuel lines makes the number of MOT issues 5 not 3 as I was told. 6. I haven't yet investigated the reverse gear problem. Also the fact he has started ignoring me doesn't look good. So my problem is; 1. With how the car has turned out - I would not have offered him the asking amount - especially if the car hasn't bee MOT'd since 2002 and sitting in a garage for 9 years instead of the 2 years he told me. 2. I will have to spend an additional £150-£200 to rectify the issues I know about. If the gearbox turns out to be faulty and needs rebuilding/replacement that will be another £200-£300. In my last voicemail I did mention he has misrepresented the car to me and I will be taking the matter further. What are my 'realistic' available options now? Thanks.

On the 13th of October I ordered a watch from Amazon. They were running a promotion on their 'luxury' watches and the discount was such that I finally caved and placed my order despite delivery being listed as 'Usually dispatched within 2 to 5 weeks.' I'd been monitoring the watch for a while and it had been 2 to 5 weeks for as long as I can remember. 5 weeks was approaching and there was no sign of my watch, but I had every confidence in Amazon fulfilling my order. A few days ago the 'availability guide' changed to 'Temporarily Out of Stock'. It was at this point I thought, I know where this is going. It's only a matter of time... Anyway, it happened. Yesterday morning I got the email cancelling my order and inviting me to purchase from other suppliers (at significantly higher prices) and the 'availability guide' has changed to 'Sign up to be notified when this item becomes available'. I think Amazon had no intention of providing the watch at the advertised (sale) price. They probably had no stock, but still took orders knowing that when it does finally come back in stock they can sell it at the usual, higher price. They were just using the promo to increase traffic, with no intention of fulfilling orders. The bottom line is I feel Amazon should provide the goods at the agreed sale price and I'm willing to wait for them to get hold of it. Is this reasonable? Is there anything I can do to facilitate this outcome? Or should I just forget about it? I'm really annoyed and feel like I've been robbed. I think my browser is fubar. Is the formatting in my post working? I'll have to check it at home and correct if necessary. Sorry.