Show Posts - Hroogar

Quote from: JulianV on 18 Oct, 2025 09:51The mot was some 10 months ago and I do not suspect any fowl play there. The chap who collected it did sign a receipt that said "sold as seen" and he did take some photos and sent to me when he collected.The rust is underneath and would be hard to see without a ramp.If I issued a small claim, how would I quantify the amount? Could I claim for the full amount? Also, how long would that process take?~You would probably have to get a quote to say that is what the repair cost would be."No" does seem a very definitive answer but if he decided to defend any claim he would say that in a conversation with you he did make it clear that it was "as far as he could see" and by your own admission you say it would need a ramp.One line of enquiry could be that you could have checked the previous MOT's using the Car MOT History on GOV website prior to purchase thereby exercising due diligence.  To buy blind is a bit daft in my personal view.  Why did you buy blind?  My guess would be that the car was a deal too good to be missed?

Quote from: Southpaw82 on 14 Nov, 2025 14:43Acceptable evidence is whatever evidence the court deems to satisfy the relevant standard of proof.Thank you for your response.And that depends on whether civil or criminal I would imagine.  Civil court - small claims in this instance.

HiI have a screenshot of a tracking number for a document which was sent 6 years ago.The screenshot is from my Royal Mail Click and Drop account.The tracking number obviously isn't found as so much water has passed under the bridge.I also have other screenshots which don't show tracking numbers either but do show the date of postage and, in one example, the other side has sent me evidence of one letter received just after that date which also shows the tracking number.  What they aren't admitting to is that they received other more crucial documentation.Any insight would be greatly appreciated.

Quote from: Southpaw82 on 25 Aug, 2025 10:03They would be stupid not to plead it, so they probably will. The real point is that there’s nothing inherently wrong in making a claim that might be time barred. Just done simpler separate post on this matter. They have until tomorrow to defend. Is that not the same as pleading?EDIT. Please see immediate post above as post has now been merged. Thank you. Andy Foster. Thanks for merging.

Received email to say I have no legal basis under Section 140 of the CCA 1974 to bring a claim against the bank for PPI redress as this was amended by CCA 2006 Para 14 Schedule 3 Transitional Provisions.I've read them and do not understand them.  My loans ended in 1993 and CCA 2006 points to credit agreements in place after 08/04/2008 according to their solicitor.  They have asked me to discontinue the claim within 2 weeks. Not sure what happens if I don't.My understanding of S140 CCA 1974 is that the judge has wide ranging powers to make an order regarding an unfair relationship.They have also asked for an extension of 28 days saying it would be mutually beneficial. From what I can make out, it would only be beneficial to them to give them more time to file a defence.I don't want to unreasonably withhold agreement to extend as I understand costs could be transferred to me?  Is this correct generally?Feel like I am up the Creek.

Quote from: JoCo on 22 Sep, 2025 17:46I live in a conservation area, and even so I didn't need planning permission to replace fence.I would be astounded if some permission was not required.  This may well be the case if you replace 'like with like' but get a stickler of a Conservation Officer and you could be up the creak especially with the typical NIMBY's that tend to live in such areas (of which I would be one...).You certainly need consent to demolish in a Conservation Area.  It used to be called Conservation Area Consent but this was abolished in 2013 but mechanisms do still exist.

Quote from: kno on 02 Sep, 2025 18:53Can you also try putting in a post in each subreddit https://www.reddit.com/r/UKPersonalFinance and https://www.reddit.com/r/LegalAdviceUK?Thank you. I am really very grateful for that idea.Thanks to SP to for their valuable input.

Sorry to hear this.The MOT link you provided shows it failed on a missing wheel nut which was rectified the same day.I'd be interested to know what, in the eyes of the independent assessor, makes the car unroadworthy.  If it was tyre damage then of course that would easily be batted back as "Well! It wasn't like that when I sold it".I agree with others that it does certainly look like a trader masquerading as a private seller and I hope you have screenshots of all the other vehicles he has sold before now. A good liar will wriggle themselves out of most corners I imagine.I don't think the Police will be interested but it is certainly worth making calls to Trading Standards and DVSA. I'd doubt TS will act on one call. They are more likely to want to hear more than one complaint unless it is sufficiently serious but action could be slow.  DVSA are more likely to be hot on a garage overlooking things but I am not sure they can offer your friends' son any real assistance.

I now have a week left I believe to file the Full Particulars of Claim. Do I simply flesh out what I wrote on the Draft PoC which I filed online or simply wait for DQ please?Another development in the case is I received a USB stick from the bank on Saturday by Special Next Day Delivery and they are forwarding a password for it under separate cover.  I am hoping that this is a full copy of the recording of the 6th August telephone call where the agent admitted the bank had deleted documents.I have also had another knock back from the bank who say that the complaint is closed saying that they have reviewed all information.  I doubt they have because if they had they would have done the decent thing and made of offer of PPI redress.Been doing a fair amount of reading up too and am aware that I need to ask judge to restrict costs to small claims track costs if the bank try and force it onto another track where I am NOT protected by limited costs awards if the bank wins.  Don't want to end up paying £10k's if they choose to through everything at it.Hoping that I can get further advice on this as it is a biggie for me.At what point can I make the last submission of facts and provide proof of any kind?I wish this was a simple parking ticket.  It would have been far easier to deal with.Thanks in advance of any suitable responses.

Quote from: roythebus on 26 Aug, 2025 16:53Quote from: andy_foster on 25 Aug, 2025 23:23I know a Nigerian Prince who can trace cryptocurrency transactions for £200. Should be able to recover that on top of the £150.He must be about 90 now, he was writing to me in 1987 saying he had £3m to put in my account. Did Nigeria ever have a king?They had rulers or non-sovereign monarchs in the various regions.

Quote from: Southpaw82 on 25 Aug, 2025 22:18I’m not particularly au fait with PPI claims - have a look here.Did the claim 2 days ago just to be 100% sure that I could avoid being time barred.Doing it online also meant I had to forego claiming about £1600 of additional interest that would have been due had I done a paper claim but also meant that it was sealed immediately rather than a 3 week wait (which I may or may not have had iro time bar) as the different loans could not be split down to their individual dates.  I did request judge to consider a separate schedule (which will include full interest claim) which I will file with full particulars in next 10 days.Thanks for your input, Southpaw82. All I need to do now is wait to get laughed out of court.I made call to the bank same day and well, well, well they said someone was looking into my complaint. How convenient! I told them the claim was still being filed. Let's hope they do the right thing. I hold zero hope they will.  Maybe the small claims issue will make them dig their heels in a bit more - who knows?I did consider sending them an email to say it has been filed and invite them to apply for the extended period to give their department the best shot at settling outside of court rather than just acknowledging and saying they will defend.  I doubt the pressure will bother them. They will simply acknowledge and say they will defend and it is possibly the worst outcome for me rather than ignoring the time bar issue which ultimately I couldn't get a definitive answer on because of the complexities surrounding their concealment.Without your input, I probably would have failed to act.Now I just need to crack on with letters to the Coroner over my late brother's death and look forward to meeting with my consultant for biopsies for cancer tomorrow morning.  Fun times ahead...

I am a bit tired now seeing as I lost so much sleep last night but…That made for an interesting read. My understanding of Plevin is that cases can still be brought under S140a and b of CCA 1974 and it is my understanding that the claim can only be for anything over 50% of the original commission so on Mrs Potter’s case she would have been claiming 45% of the £3800+ figure (plus the interest). Of course, the bank in my case has not disclosed any commissions it paid to its own financial insurance company because it claims there is no PPI records on file. So there is a definite claim there and this is where I come up unstuck. I am looking to reclaim all the premiums paid PLUS the Plevin element but I have no clue what legislation covers the PPI element ie the premium paid.Maybe Plevin is only part of it. I read something about a “Platts Method” 2015 (IIRC) so probably have to look that one up again. Basically I am afraid that I will quote a piece of legislation that is not relevant to my claim and the judge will simply laugh me out of court and dismiss my claim. Also, can you tell me how someone (Mrs. Potter) and fund a case if it ends up going to the High Court and Court of Appeal. I guess she only funded the small claims part and Canada Square sought to appeal BUT if she only store to gain £1850 or so surely the costs would have not been viable. Maybe she employed solicitors. I don’t know. I will try and find the original judgement and read it. Just running out of time.Your input has been really helpful. Thank you.

Quote from: Southpaw82 on 25 Aug, 2025 22:18I’m not particularly au fait with PPI claims - have a look here.Thanks. Will do. I’ve just done the calculation again and if I add interest to tomorrow it adds another £2453!!!!So a total claim of £7500+. I honestly don’t feel it is fair to add interest onto the bank just because they failed to offer redress before now and I, in particular, have been unable to deal with it before now. Have you any thoughts on that in the meantime please?I’ll read your link now.

Quote from: Southpaw82 on 25 Aug, 2025 18:17Quote from: Hroogar on 25 Aug, 2025 16:49In plain English, when did the cause of action arise please? Bank sent their final response 04/09/2019 offering no redress.Not that date. Logically, you must have had a cause of action to complain about, some time before then.Interest is easy - you claim the principal sum. You then calculate interest up to the date of the claim. You also cite the daily rate. E.g. “The Claimant claims the sum of £[principal sum], plus interest pursuant to s 69 of the County Courts Act 1984, at a rate of 8% per annum, being a total of £[interest] between [date cause of action arose] and the date of this claim, and continuing at a daily rate of £[daily rate] until judgment or earlier payment.”Thanks ever so much, SP.I initially contacted bank on 27/08/2019 as deadline for PPI claims was 29/09/2019. That was the very first time I had cause to complain as time would have run out for claims.Principal sum is easy.  That's the £1382 or whatever it is for all 4 premiums + their initial interest (as they were added to each loan).But this is where I come unstuck I'm sorry to say.PPI claims were made on the basis of the principal plus interest of 15% up to 01/04/1993 and 8% thereafter.So if my claim had been settled on 04/09/2019 then they should have offered approx £5100 at that point. (principal plus 15% until 01/04/1993 and 8% thereafter).I am getting confused between "cause of action to complain about", "time barring" and "date of accrual".For example, let me just focus on ONE loan!One premium dated 09/05/1990 was £595.76. The bank added £274.96 charge for credit. Total of £870.72.So principal is £870.72 and 8% interest is £69.66 per annum or £0.190843 per day = £2466.07 to 26/08/2025?This ignores what was the 15% simple interest offered under the PPI redress scheme up to 01/04/1993.This gives a total of £3336.79 on just one of the loans.And then I presumably do the same for each of the 3 other premiums mis-sold.Ignoring the 15% interest which banks offered will probably bring all the loans in at under £5000 and so keep fees down.I did actually only want to charge interest up until 04/09/2019 because had they have sensibly offered redress at that point then it would have been settled and I think it might look better in the eyes of a judge to show that I am not being unreasonable by delaying another 6 years.I sincerely hope you will respond to this as I also have it in my head that I need to drive this to Northampton tomorrow to get it stamped in as I still am not 100% clear on when the 6 years is up (although next week does seem viable because I was still unaware on 03/09/2019 that they would simply reject my claim without properly investigating).I've never been in this position before.Thank you.

I am drawing up a claim against a bank for issue tomorrow and do not understand the terminology in S69 CCA 1984.There will be one claim to attempt to recover PPI for 4 loans dating back to the period 1988-1990.In plain English, when did the cause of action arise please? Bank sent their final response 04/09/2019 offering no redress.I need advice because PPI paid was approx. £1300 but interest due, if I use the calculation banks used, amounts to £3800 approx so total due would be £5100.Do I claim the £5100 or the £1300 and let the court decide on interest?  I don't understand it.  Using the lower figure would result in application fee of only £80 as opposed to £455.Thanks in advance of ANY assistance.  Hopefully this is clear and contains enough information so as not to alienate the group.