Thank you so much hugely appreciated...

I haven't put anything in yet, beyond acknowledging the claim and requesting all this information so that I can form a defence. They haven't provided anything, so I cannot form a defence as yet...

Thanks for reply - they've filed a claim in July, and despite two requests for a signed copy of the Credit Agreement as per these notes: 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. They have not done so, so I am writing to the court requesting they strike the claim out for lack of evidence Thanks

Hello all Please can someone help me out with a template letter for a strike out application to court for a lack of evidence provided by the claimant Thanks in advance

Yes I thought it was just the car, but my brother had an identical car and his wasn't as noisy. As for the smoke - I am going to get the car inspected at ATS down the road from me, including an MOT as I don't believe it will pass that anyway, coupled with some issues in the engine.

I have found this link (sorry had to change it as I cannot post links due to post count) honestjohn.co.uk/faq/consumer-rights/ And this part seems to back up that it is down to the dealer to prove the motor was fault free at the time of sale (unlikely given its 2 weeks since the purchase)

Hello all I bought a Mondeo TDCi 2006 plate on 11 October this year with 77k, was also sold to me with 12 mths MOT and a full service history last done 2Oct. Spent £4300 on vehicle (£300 of this was cash/px deposit) It is on a Hire Purchase agreement over 3 years. Had car 2 days when noticed the fuel range after filling car was really low - at this point I called the seller who advised to "read an online forum" - great help. Called the Finance company a few days later to lodge this initial complaint with them, as the car was very noisy, and I was unhappy with it. They advised I must give the dealer a chance to resolve. Called Dealer back, spoke to same guy as before, also advising him I was now experiencing black smoke from the exhaust, under acceleration, in every gear. This helpful chap then just told me to put some redex in. Emailed him my dis-satisfaction with the reply, got response from his manager at this stage, who advised me to go to his mechanic, who advised it was an EGR Valve, inlet and manifold that gets covered in soot (crap) and is almost an engine rebuild. Was basically of the opinion these cars are utter crap and I should get rid of it. At this stage I have turned this into a formal complaint - because of the following issues Black smoke, in every gear, under acceleration. Present since the 13/14th, and its not going away Noisy, Like a 30 year old tractor, and even noisier under acceleration. I have had older, much higher mileage diesels quieter than this. Despite numerous requests, the service history the car was sold with has not appeared - so it therefore doesn't exist. The car was, to my horror after I had bought it and was trying to find some fuel range figures for the car the night after, for sale from another garage for 2895. My exact car - because I took screenshots of it. Clearly there was an issue with the vehicle to be on sale so cheap. The dealer also misled me in saying he bought the car from a trade auction. I spoke to trading standards on Friday - who advised I can reject the letter and I basically did so using their template letter, stating the points above as the reasons. It appears the finance company are "rejecting" my rejection - as the reasons are not sufficient enough. I must apparently prove that its not of a satisfactory quality. My argument with the finance company is that in them stating this - they are basically saying that a 6 year old, average mileage, well serviced (or not as may be) diesel is normally of such a poor quality. Black smoke from an exhaust is normal. A tractor engine sound is normal. Possibly my biggest refusal is the lack of a service history - it is not as was advertised to me. I said I refuse to pay for such a vehicle. What I want to know now is - do I just stick to my guns, and issue court proceedings to recoup all monies spent so far since purchasing vehicle (£300 deposit, £93 road tax, £31.50 admin charges moving insurance around, £22.73 to keep mondeo insured until 5 November) I have purchased a second hand Audi for cash on Saturday and advised them I am no longer driving the vehicle - that they must refund me and collect it asap or I will stop insuring the car and take no responsibility for it. Given the mechanics assessment, and the utter lack of trust in the dealer providing anything close to a suitable quality replacement - the only real choice I have is to reject it. Does anyone have some further advice, letters I can send, should I initiate court proceedings to return me to the position I was in before the transaction? Thanks in advance

The office was closed from 21st December 2009 to 4 January 2010, which led to me using 8 days annual leave (2 days I was on call which were deducted) As the office was closed and I had no choice in the matter where do I stand legally? I did agree to it but without really grasping what I had agreed to. Now I only have 10 days left, which means I dare not book a holiday in case I need a day to cover illness (unpaid leave for 1st 3 days off sick) Thanks

Can anyone help - see note below which is email transcript. Any Questions please ask. Basically I do not want to pay the installation fee as feel is unjustified. Neil , Thanks for your reply I am sorry that you feel I have ignored the points you have made to us. The connection charge is standard fee charged to all suppliers of telephone service by Openreach the network suppliers I know that its difficult to accept the charges because of the perceived amount of work that was completed at the installation stage however we here at BT Retail no longer have anything to do with the Engineers or the work they do. We act in the same way as all the other service providers out there that supply telephone serviced. I don’t know if you noticed but the engineer who called to complete the work in your house was not in fact a BT engineer but an Openreach engineer . When you ordered the line we quoted you the connection charge subject to survey and then we applied to Openreach to have the line connected .If this takes five minutes or fifty five the same fee applies . Indeed if additional work is required you at the point of installation you could actually be liable for the increased costs because this job is subject to survey which means additional charges could have been quoted to you before the job was completed. When the line was connected the engineer does test the line and I can confirm the line tested ok. So when the line was installed everything was correct and in order . Now it transpires that the fault is related to damp affecting the line . So if it was dry and the line was tested then everything would have been fine . I know that you will not be charged any line rental from the date that you contact BT to let us know that your line was faulty . We would not expect you to pay a rental for the service until such times as it is working correctly We do expect you to pay for the installation because it still has to be completed whether it was back 3 weeks ago when the engineer called or now when we have asked the supplier to check the service for a fault. I have asked out faults department to get in touch with you and give you an update directly about how the fault is progressing . As far as I see from the notes I have on file some excavation work is required to correct the fault and this is ongoing . I am sure you will appreciate that we do have to get permission to carry out this type of work and this can take some time. I hope that this clarifies our position Kind regards Damian From: Neil Porter [] Sent: 20 August 2009 16:21 To: Gormley,DP,Damian,M7E125 R Subject: RE: 02476422003 Dear Mr Gormley Thank you for the prompt response. I feel you have entirely sidestepped the issues raised to you on both the phone and an online chat. You stated the charge is for work carried out at the exchange and a callout to my property. My issues with this are: 1 . Home Visit The Engineer attached a face plate to the line that was already in place and visible - the wires were hanging out the wall. I could have completed this task myself. 2. BT Exchange As there was 2 minutes work completed at our house,I was advised upon my initial phone call to BT following this work that there must have been work carried out at the exchange, in light of the line not having been used for 6 years. It would be a fair assumption on my part that this would involve a new line of some sort, not simply reconnecting the old line. As is plainly evident by the fault that exists at the exchange, reported to me when using your online fault reporting service, your engineer did one of 2 things 1 - Connected the 6 year old line back to the exchange, turn the service on and not test correctly or you would have identified the fault that I did. 2 - Installed a new line that was also not tested properly. Either way, you are expecting me to pay you £125 for a poor line you have provided to me, which would have remained shoddy unless reported by me? I feel you should review your stance on this, as you have provided me with something below standard. Your installation was in my opinion a 10 minute job which does not justify the extortionate fee you are levying. Even though you may eventually repair this line is irrelevant. I pay line rental to BT every month which entitles me to a fully working line anyway - this does not have to be included in the "installation fee" as is surely just a standard expectation - I pay you money, you provide a good quality working line. I would not rent a TV from somewhere for £11 a month that has a fuzzy picture- it would be returned for a working replacement. Why would you expect me to rent a line from you that has a fuzzy noise on it and affects the calls I am making. This is compounded by the fact that the orange mobiles we use have poor signal in the house we have moved to, so am even more dependant on this line being clear. Please expand on what you mean by work outside the drive? Is this at our house? You have also ignored the request I made to receive a report of the works carried out that day by your engineer, as I absolutely maintain that he performed about 5 minutes work and possibly switched a service on at the exchange using a computer. Should you be unable to offer any further assistance - please forward my comments to a manager or complaints team. I am extremely disatisfied with the attitude that all the BT staff I have dealt with are taking, and the complete lack of genuine understanding with my issues or any hint of genuine customer service. Thanks in advance for your continued assistance. Kind Regards Neil Porter Subject: 02476422003 Date: Thu, 20 Aug 2009 15:19:16 +0100 From: @bt.com To: Dear Mr Porter Thank you for your contact yesterday .I am really sorry that your line is not working correctly . This is in hand with our faults team I am sorry that you are unhappy about the charge for the installation of your telephone line . I understand that the line has been faulty and that our suppliers are again working on the line to make sure it is working correctly . I understand how why you feel that you should not have to pay for the installation but the line is in place and we along with our suppliers will ensure that you have a proper working line going forward . The engineer originally connected the line but it has transpired that the line needs additional work as the line has been damaged and is being effected by the damp. This work is covered by the original installation fee. This fee for installation was raised correctly and we stand by this charge. We will endeavour to get the line up and running but as I understand from the faults department there is some excavation work to be carried out outside the drive and this will take a little more time. They will keep you updated with there progress as they have already done via text Thank you for contacting BT Kind regards Damian Gormley Customer Service Supervisor BT

Blair, Oliver & Scott - 5 phone calls a day until I moved, changed home and mobile numbers then wrote a letter telling them to shove it which amazingly they did, but then I hear from: iQor - bought a debt from Intelligent finance that was in dispute and kept sending letters chasing it despite being advised they had breached regulations. Mercers now chasing a credit card in dispute - requested signed agreement back in August - nothing since.