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you have been served a notice
dptc
Posts: 1 Newbie
didnt know where to post this, if it is in the wrong place i apologise.
also this will be quite long but please bear with me.
in september 2005 i took out a hp agreement with landrover. drive the car for 3 years and then give it back or make a balloon payment. the agreement was based on 36k miles a year.
i chose to return the car after the agreement with 89k miles on it.
Point 1.
returning the car took nearly 7 weeks with landrover failing to show 7 times.
as a result i had to take 2 weeks in bits and bobs off work to return the car, having only had 6 days holiday left and three of them being pre booked for works christmas shutdown this cost me 7 days off work without pay.
Point 2.
as i had to get a new car the landrover was not insured. as a resulkt and to avoid prosecution i had to put the car into a secure storage unit.
point 3.
it was a condition of the agreement that i return the car with a valid road fund license. as they were so late collecting it i had to put 6 months on.
point 4
the week after they finally collected landrover sent me a bill for 924 saying that there was beyond resonable wear and tear for a three year old car and that my hp agreement said i must return it in good condition subject to normal wear and tear.
their arguement was that wear and tear applies to the age not the mileage and that a 3 year old car was expected by them to be in better condition.
point 4
in nov 18th being somewhat irked at this i wrote and told them that i would pay them 104.68 which was their claim amount minus all the costs that their late collection had forced me to pay. I heard nothing from them.
point 5
in dec 2008 i had a fone call from them asking me to pay the bill in full or they would start actions against me. i referred them to my letter and asked them to investigate and get back to me. two days later i received a letter saying they had investigated. decided my claim was nonsense and that they would be taking action to recover the debt.
Point 6
on 3rd feb 2009. Link Financial wrote and told me they now owed the debt and that i must contact them and arrange payment. I phoned and explained the situation and sent them a copy of my letter from november. they acknowledged receipt and said they would refer the matter to landrover.
Point 7.
Link contacted me to say that landrover consider the matter closed and i must pay the debt.
Point 8
this story has now been retold to link and copies of letters and emails sent for over a year. i keep telling them give it back to landrover and i will see landrover in court about my counterclaim. in total this must have happened at least 25 times.
Point 9
on monday morning i recieved a letter from link telling me that as i have not made any contact they are serving me a notice in accordance with section 136 of the law of property act 1925.
Point 10
i promptly sent several emails copying all of the above to the email address of the named person (cant talk to her she doesnt take calls) in my email a demanded an immidiate apology and withdrawl of the notice as they are blatantly lying when they say i have ignored them. i received and have kept the read receipts. here i am three full days later and have heard nothing.
Finally my questions.
does their notice mean that they have gone to court over the debt?
If it does will they have purjered themselves?
What should i do next?
DPTC
also this will be quite long but please bear with me.
in september 2005 i took out a hp agreement with landrover. drive the car for 3 years and then give it back or make a balloon payment. the agreement was based on 36k miles a year.
i chose to return the car after the agreement with 89k miles on it.
Point 1.
returning the car took nearly 7 weeks with landrover failing to show 7 times.
as a result i had to take 2 weeks in bits and bobs off work to return the car, having only had 6 days holiday left and three of them being pre booked for works christmas shutdown this cost me 7 days off work without pay.
Point 2.
as i had to get a new car the landrover was not insured. as a resulkt and to avoid prosecution i had to put the car into a secure storage unit.
point 3.
it was a condition of the agreement that i return the car with a valid road fund license. as they were so late collecting it i had to put 6 months on.
point 4
the week after they finally collected landrover sent me a bill for 924 saying that there was beyond resonable wear and tear for a three year old car and that my hp agreement said i must return it in good condition subject to normal wear and tear.
their arguement was that wear and tear applies to the age not the mileage and that a 3 year old car was expected by them to be in better condition.
point 4
in nov 18th being somewhat irked at this i wrote and told them that i would pay them 104.68 which was their claim amount minus all the costs that their late collection had forced me to pay. I heard nothing from them.
point 5
in dec 2008 i had a fone call from them asking me to pay the bill in full or they would start actions against me. i referred them to my letter and asked them to investigate and get back to me. two days later i received a letter saying they had investigated. decided my claim was nonsense and that they would be taking action to recover the debt.
Point 6
on 3rd feb 2009. Link Financial wrote and told me they now owed the debt and that i must contact them and arrange payment. I phoned and explained the situation and sent them a copy of my letter from november. they acknowledged receipt and said they would refer the matter to landrover.
Point 7.
Link contacted me to say that landrover consider the matter closed and i must pay the debt.
Point 8
this story has now been retold to link and copies of letters and emails sent for over a year. i keep telling them give it back to landrover and i will see landrover in court about my counterclaim. in total this must have happened at least 25 times.
Point 9
on monday morning i recieved a letter from link telling me that as i have not made any contact they are serving me a notice in accordance with section 136 of the law of property act 1925.
Point 10
i promptly sent several emails copying all of the above to the email address of the named person (cant talk to her she doesnt take calls) in my email a demanded an immidiate apology and withdrawl of the notice as they are blatantly lying when they say i have ignored them. i received and have kept the read receipts. here i am three full days later and have heard nothing.
Finally my questions.
does their notice mean that they have gone to court over the debt?
If it does will they have purjered themselves?
What should i do next?
DPTC
0
Comments
-
You need to talk to NDL or CCCS about this in the first instance and may need a half hour with a lawyer.
You wanting to reclaim your costs becuase of their incompetance has no legal bearing on any debt you might owe landrover.
However, a lot depends on the paperowrk that you signed in 2005 and we cannot see that, which is why face to face may be important.If you've have not made a mistake, you've made nothing0 -
your mistake has been with mixing moral duties with legal. the fact that they messed yu around at your own cost didnt have any bearing on the debt you owed them- and they didnt explin this t you whcih would have saved an awful lot of time- it would have been good had you gon to CAB about it and they could have told you- nw they have this notice. get the CAB involved now as i dnt think you can continue to deal with it on your own. i agree they are !!!!!!!s and hopefully yu can pay the debt but make a claim seperately to get compensation ver the incompetence.
good luck- they are !!!!!!!s0
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