Hi Guys I purchased a suite of furniture, 4 seat corner sofa and two matching chairs, arranged finance with Klarna However the suite was delivered to us prior to any money being taken from our bank or credit card, we rejected the suite on the same day of delivery, 5 days later the suite was picked up and taken away, still no money taken from our accounts. Now Roseland are now saying we have to pay £250 for the return of the goods? even though we had a 14 day cooling off period, and Klarna finance did not pay Roseland for the furniture. Am I still obliged to pay this return fee? Kind Regards Mr Kinson
it is NOT A FINE. this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES. and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge dx
when did he die? who is dealing with his estate? is she an executor of his will? have payments continued since his death and shes just trying to wrap this up now? if there is no signed agreement in her name, fake or otherwise, i would not be giving them anything other than proof of she is authorised to deal with his debts an an exec. as the exec, it might be simpler to do a voluntary termination, that way she will only be expected to pay upto the 50% mark, if 50% has already been paid it will cost the estate nothing. but if not it will need paying to VT point from his estate. do NOT simply let them come and get the car. that will be voluntary surrender and will mean the estate will be liable for the FULL sum owing and be handing the car back too. you must action a VT in WRITING dx
From a quick look at other UKPC threads - they seem to rarely do court - when they do do court it is generally intimidation more than a genuine desire to go all the way to a hearing, when the motorist defends it is UKPC that discontinue - but not every time, we have a couple of cases where they have pursued the motorist all the way to a court hearing. So yes, it is unlikely but certainly not impossible that they will take you to court. BTW, are you confusing a court claim with a CCJ? You only get a CCJ if the case goes all the way to a hearing, you lose, and then you defy the court and refuse to pay. Isn't the discount period 14 days? BTW2, what you have received is not a fine, it's an invoice, a private company doesn't have the power to issue fines in the same way that you can't issue fines. Please upload their invoice and give us the information in the forum sticky - To be more precise so you know what you're risking. Last 50 UKPC cases on CAG excluding yours. 34 cases where they huffed & puffed but didn't do court. 16 cases with court, of which - 5 ongoing - 8 UKPC bottled it and discontinued when the motorist defended - 3 went all the way to a court hearing with UKPC losing all three times.
This one seems to be fairly straightforward, but I thought I'd post for opinions and feedback. a friend of mine recently lost her husband to the dreaded c word a few years ago he turned up at the family home with a lovely Audi Q7 She had no forward knowledge that he was buying the car She has not signed the finance agreement, but she thinks the finance was taken out in her name. However any agreement would not have her actual signature on it. (ie fraud comes to mind) The cars V5 was in Hubbys name, changed to her name for insurance purposes after his death The Road tax was paid by Hubby Her bank account was used as the household account and managed by hubby, and as such any finance payments would have gone through that account The car was run and driven by hubby, not moved since before his death. There are several degrees of separation between her and the finance, however she has contacted them to sort out the surrender of the vehicle and they are requesting photographic ID'S and copies of her signature to "verify herself" I reckon they may have realised the problem with the finance agreement and are trying to retrospectively correct their mistake The reason for the post is, how much, if any liability does she have over any shortfall or outstanding balance for the finance. I have told her to hold off and we will construct the CCA request at the weekend. Comments please
