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Alloyz1

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Alloyz1 last won the day on October 8 2014

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  1. Thank you for the great advice I have so far done exactly what you have suggested even to the point of sending them links to second hand wheels. I have also said a repai is not an option and a second hand replacement is the absolute minimum. Okay great, keeps me on the right track- thanks again
  2. Hi I purchased a used car 4 days ago BMW 325i Convertible M Sport for £10,989.00 from a BMW specialist. On day 2 the tyre warning light came on so i checked and inflated the NSR tyre. On day 4, on the first motorway journey, the NSR tyre deflated and shredded the inner wall. It was a run flat so I made it to the nearest garage for a replacement tyre. The garage pointed out the alloy wheel had been welded at least twice and one of the weld repairs had failed. The new tyre would not hold its full pressure and leaked when it was inflated. I took photo's and a video of the issue.
  3. I think the OC not signing the agreement is going to be a tough one to get by a DJ. But if you do go with that I would probably state something along the lines of 'The OC did not sign the original agreement contrary to consumer credit (agreement) regulations- reg 2 and schedule 5, paragraph 1 'the creditor’s signature did not appear in the form of a signature box prescribed by that paragraph'. That is subject to s127 (3) of the CCA 1974. In Carey summing up un-executed agreements are dealt with at para 26 and 27:- 26- The signed application form, detached from the booklet, is th
  4. If you let me know a couple of days before the mediation I will have a look over your thread and give you a few pointers that may help
  5. They have until the 3rd week in Nov to send you the information so they have a little time yet and it will be interesting to see if they pay the fee to proceed. It may be worth waiting until the end of Nov and if you receive it you can ask for comments on here, and if you don't receive it maybe advise the court of their failure to provide said information, after all it is a 'court order' they have failed to comply with. I think they are playing games with you re the mediation offer and unless the £2800 is acceptable, I would sit this out because you have the advantage of knowing they
  6. I had a similar offer to pay a reduced amount or the whole amount in installments. We eventually agreed to a 75% reduction, zero interest and a fixed payment and period There is hope A
  7. Personally, I would ask them to forward a draft Tomlin Order, based on their original proposal for settlement, for you to consider. People on here can have a look and suggest adjustments and you can then send it back drafted as your proposal. It is as simple as that. A
  8. Its good they accept you want to go away and consider a counter offer. It suggests they are willing to move further. Just consider 'is drawing a line under this important?' If it is then really try to strike a deal but make it affordable to you so you are not setting yourself up to fail, and share that with them. If its not important to get closure, keep on with your case evidence and go for it. In the TO I would consider a clause that states 'this is a fixed amount over a fixed period with no review of the terms unless both parties agree in writing to such review'. That should give
  9. Morning AT Appreciate you have your targets and outcome aims, which is good, however hoping the claimant discontinues is not something in your control and if the claimant does not discontinue, the decisions are in the judges hands. Mediation is a good way to narrow the gap between the parties and manage negotiations closure to your aims, than the uncertain judges decision. Andy can give you the very best ammunition to get the best possible result in court and his work may force a discontinuance, but keep an open mind on mediation and the risk/ reward on betting they discontinue.
  10. Morning All I may be wrong so correct me if you need to, I thought the defendant had 33 days to file the defence, including date of service i.e. service 3rd Oct, AoS by 21st Oct, defence submitted by 4th Nov? Again just trying to help so shoot me down if needed A
  11. The agreement that a CRA and the DCA or OC have, is that the reporter will check the data is accurate prior to submitting. It is not for the CRA to check its accuracy. That is the fact, like it or not. And people who are trying to help you on here do not need "which part of this don't you understand". A
  12. If they eventually produce the agreement its £4000 and a CCJ If they don't produce an agreement its £0 and no CCJ If you settle, its £2000 easy payment terms no CCJ You just need to make the decision now A
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