Hi, As a manager of a large dealer and bodyshop they should have completed a few things which they may not have that can help you out here. 1) Upon collection from your wife a body damage form should have been completed and your wife would have signed this. It would detail the whole body damage on the vehicle and wheels / wheel trims, mileage etc. Not a great documnet by itself BUT, am I am guessing here, the bodydhop you used was your insurance companys 'approved repairer' rather than a bodydhop of your choosing? If so it would be a condition of your insurance company that this form is completed. A kind of mimimun standard the bodydhop will have to agree to for the volume of work that the insurance company will put their way. No form means poor admin / practices at the bodyshop in question and this will help your case. 2) The bodyshop would have a 'Duty of Care' towards you. This is a legal requirement. They are the experts who are working on your vehicle and as such should be checking basic things on your vehicle before releasing it back to you. Items such as tyres, for tread, all lights working, exhaust secure, oil level etc etc. If you drove off their forecourt and crashed into another car due to worn out brakes that filed to stop you they would have had a duty of care to you and would have failed in in so would be partly responcible. Ask for a copy of this report, its often called a 'Visual Inspection Report' dont let them fob you off with a body damage report, if thats waht they tell you it basicly tells you they have not done one. 3) When the vehicle was delivered back to you, you should have been made to sigh a 'Satisfaction note' to say you were happy with the repairs. A copy of this would have been sent to your insurance company with the bodyshops invoice. If it has not then 95% of insurance co's will not pay the invoice, if for nothing else other than keeping the money in their bank and not the bodyshops for another month or so ! You may find the signing has been forged as oftne the invoices and paperwork is done a few days after the car is delivered back by an admin clerk. Ask your ins co if they have had a signed satisfaction note regarding your car. Many other items will come up as these questions are answered that can help, post replies and I will try to help. Regards BVG

My only snagging item is this; The default letter rom Llyods TSB shows the account number of the LLoyds account as they had it - A 16 digit credit card number. The number that McKenzy hall, who I assume have got the debt from 1st Credit is a diferent number, I am guessing its their internal referance number. To link the documents, would I not need a first the document that states LLoyds have sold it on and the account number that it was know as, and then the document from 1st credit that shows the referance number it is known as now? Once this is tied up I can prove that the default is for the same debt and use cputr ? Regards BVG

Hi and thanks for the advise. There is only the one default under my name, not one from Lloyds and the DCA. I think the debt has been sold on again from 1st Credit to McKensy hall or something like that. Not sure if 1st credit owns Mckensy hall etc... So not sure if asking 1st Credit to remove due to incorrect infomation etc will store up a hornets nest or not. The post copied below intrests me tho, any more details would be great! any duplicate defaults can be removed quoting not only the data protection act but cputr the sad thing is, not many people know there rights to have this done ist crud did this to me default gone with in 48 hours What is CPUTR ? Regards BVG

I have a debt that LLoyds TSB sent me a default notice on in 2002, I still have the letter as proof so it should be statute barred by now. It would seem the debt was sold to 1st Credit Ltd at some point although I never received a letter stating it was sold so cant be sure. Thats not to say the letter was never sent etc, I just did not revieve it. 1st Credit have placed a default on my credit file in 2004 for this debt. Can they do this? If the debt was already under default can the same debt default twice with no contact or payments from me? I understand that if I had had contact with them or made payments then the 6 year period would be 'running' again and a new default could be placed on the debt, but without contact / payment and still on the origional default?? Regards BVG

How do I address the court? Silly question I know but dont want to upset them!

Update - Connaught have written to me and the court saying they will not be attending and have no objection to it being set aside. The date the court has given me is when I am on holiday. Typical ! I would like to write a letter to the court asking for it to be set aside in my absence and try to get some costs awarded for my time prepairing all the paperwork etc but am unsure what to put or how far to push as I wont be able to attend the hearing in person. Any guidance or other threads with simular letters? Regards BVG

Ask for a full history print out from their records - This will show all claims made, both to VW warranty and also any items they paid for internally. Dont let them tell you its data protestion etc. ou now own the car and have the previous owners details so they would not be giving you anything that breaches it. They are intitled to 'black' out all figures on the paperwork so you cant see the costs to warranty etc. Once you have this you will have a better understanding of the cars history.

Hi, the problem is not just on the 110's its also on the 90's. Peugeot UK are giving goodwill on OOW (Out Of Warranty) claims as they know there is a problem with them. Clutches will also be covered if they are found to have been servicable when the damage occured - ie they were not worn out and the only reason the clutch is being replaced is due to damage being caused by the dual mass. Sensors - Always covered with goodwill if damage was caused by dual mass.

Having worked for BMW Franchised dealers for many years I would advise you to call BMW Customer Care UK and get them involved. They will assist in sorting out this mess for you. Depending on what dealer it is they may or may not be owned by BMW UK. Either way, they will assist as they hate bad publicity concerning the dealer network. As part of the sales hand over pack you 'should' have received or it what dealers call 'the deal bag' of 'deal file' will be a copy of the HPI cert - Ask to see it, they are date and time stamped and will show if one was carried out prior to the sale or not.

Hi, I would have thought you would have to repay the money, but installments would be acceptable. A few things to consider would be : How much is involved? Is it a large company with endless resorces? On the whole what is the company like, do they chase every penny? Is it worth the hassle to them?

MBNA Have now replied to my Subject Access Request but what they have sent in not really acceptable as far as I am concerned. They have sent me 1 page of a statement covering only a small part of the period I was with them and a copy of what would seem to be their current terms and conditons. Is there a standard letter to send them telling them they have failed to comply etc - Seem to remember reading a v.good letter in another thread. Oh, also posted my postal order back.

Hi Rory32, thanks for the very quick reply and usefull info. On the 6.5 Form you very kindly helped me write, at the footer you put Further, I invite the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof. As I have started the court process against Connaughts now I take it, it will go to court to get set aside? I have a feeling from other posts that they will write to the court before hand and say they are no longer chasing it etc and have no objections to it being set aside / withdrawn. If this is the case can I still go after them for costs etc for my time?? Regards BVG

Ok all papers submitted to the courts and before the date expired. Thank you all for the help. I have also recieved a letter back from Connaughts saying my file has been closed by their office and sent back to 1st Credit, they have also returned my postal order. I guess that case is closed for now..... However, I have just got a letter from Lowell saying they may be taking me to court (CCJ this time, not an SD). I will sent the same letters off to them etc. My question is; If they try to get a CCJ against me, do I have to be invited to the court so I can defend myself or can they just do it and tell me after the event? Thanks in advance, BVG

Nothing yet

In answer to your questions Rory32 A Default Notice. No A Notice of Assignment from MBNA informing you that the account has been assigned to 1st Credit. No A Letter Before Action informing you that a statutory demand will be issued if you do not make payment on the account. Yes a few weeks before the SD Regards BVG

Thanks, have found this site wher you can get the forms in .doc format rather than .pdf - Filling them in is easier in MS Word. England and Wales Forms Help with the reasons to get it set aside are what is needed. Apart from just it Statute barred I would like some other things to make sure it gets set aside. This is because the 6 years should be up by now, or even over by a few months but I cannot be 100% certain, only 99%. By the time it goes to court etc will have added another month or so on to it moving the dates more so in my favour. egards and thanks in dvance, BVG

Sorry, no just worked it out. It needs to be by tomorrow!!

Ok, letters sent away - Thank you all for the help with them. I now need to fill out the 2 forms for the SD to be set aside. I have read GaryH post on how he filled them out etc but like other I would not want to put the incorrect things. Other questions that have been asked in other posts when they have asked this question are as below with the answers that apply to me; 1) No contact with Connaught / MBNA in many years, untill the SD arrived by 2nd class post. 2) Own my own home, No or little money in it - On a good day it may just cover this debt. 3) Spoke to MBNA the other day, Very helpfull - They looked back at my account and it was started in 1998 - All ballances showing as zero - Nothing owed to them & they provided all account numbers which I did not have. SAR Sent off. 4) Last payment of debt was early 2002 - No acknoledgemnt since then of debt. Any help greatly recieved, Think I am on day 15 ish so have until Monday to complete - The SD is not datestamped by the post as it was sent 2nd class business post with UKMail so can get away with a day or 2!

Thanks for the link. So I should send of the templace letters M & N or just one of these? - And would these go to Connaught who are chasing and iussued the SD or do I send them to 1st Credit or to MBNA ? Also I take it I should sent of the S.A.R. - Would this goto MBNA or 1st Credit? Are they the same company?? Plus also fill in forms 6.4 & 6.5 and go to my local court and ask for it to be set aside - But on what grounds? Statute barred / No proof the debt exists ? Thanks for your help 42man. Regards BVG

Hi, I have decided that I want to get the SD Set aside. What details do I need to put on form 6.4 & 6.5 as to why I want it set aside? Just the fact its statute barred or will I need to sho that I have asked for proof of the debt etc 1st? Also should I send out any other letters, back to MBNA who the card was with in the first place, 1st Credit who 'own' it now and to Connaught Collections? If I should write to them what as I stating, via use of the templates 1) Statute barred letter? 2) Request a copy of the credit agreement on which the debt is bassed? 3) SAR - Is this the letter that will show a breakdown of the account? Any thing else I should be doing? All help greatly recieved. BVG

Hi all, the debt was on a credit card and is for about 9k. The card was with MBNA and it looks to have gone to 1st Credit, hence Connaught getting hold of it. I have since moved and the SD was delivered to an old address but I managed to get hold of it. I guess it could be said that I have never received it etc...? No other letters or anything from them in recent years, just this SD by post - Not sure if it was 1st or 2nd class as its got a UK Mail sticker on it, like franking but not. Yes to home owner but will not be putting that up for security!!! Thanks in advance to you all.

Hi all, After some general advice from people who know more about this subject than me. I have received a Statutory demand under section 268(1)of the Insolvency Act 1986 Form 6.1 etc issued by Connaught Collections. Firstly I am not sure if its real or just a final bluff from them as the default date on my credit history is showing late summer 2002. The last time I would have acknowledged the debt would have been Feb / March 2002 by way of payment. Hence the defaulted date starting 6 months after this. Am I correct in saying that? Is the date defaulted generally 6 ish months after last contact? But the statute barred rule comes into play from the last time you acknowledged the debt? Saying it’s a real Statutory demand (don’t think it was correctly served, was posted and no attempts made to doorstep call etc) – But say it is real for now, what is the best options for me? To do nothing, call their bluff and wait for a summons to arrive, go to court and get it set aside on the grounds its statute barred. Write to them with the letter templates (which template) and ask them to prove the debt is legally enforceable? But surely by doing this I am admitting the debt but am only asking to prove it is legally enforceable, even by heading the letter “I do not acknowledge etc……” Or do something else??? One last thing, surely on a real Statutory demand, under rule 6.4(2) – They would have to name the court where I could apply to get it set aside? They have just put “YOUR LOCAL COUNTY COURT” If I turned up at my local County Court, they would know nothing about it, so surely I would need to apply to get it set aside at a court that was dealing with it? Thanks in advance. BVG