unimatrix1066
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hello just compiling the defense letter see below, should i mention the original problem with HSBC not acknowledging the intrerest freeze with capquest or not? Particulars of Claim:- 1. The claiment claims the sum of 3721.00 being monies due from the defendant to the claimant under a regulated agreement orginally between the defendant and HSBCicon bank PLC. 2. The defendant account number was xxxxx and was assigned to the cliament on 29/01/2013, notice of this has been provided to the defendant. 3. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the cosumer credit act 1974 4. And the claimant claims the sum of 3721.00 and costs the cliament has complied , as far as is nessary, with the pre action conduct practice direction Defense Paragraph 1 is noted I have in the past had financial dealings with*HSBC*Bank PLC but deny any monies being due as alleged by the claimant MKDP LLP. Paragraph 2 is denied I am unaware of any legal assignment between*HSBC*and MKDP LLP and the claimant is put to strict proof thereof. Paragraph 3 denied the claimant has not provided a default notice as alleged, has failed to respond to a CPR request to verify any breach nor has it served any Notice of Sums in Arrears since their alleged assignment of 2013 and remains in default of my section 78 request dated 07/05/14 Paragraph 4 is denied as yet the claimant has yet to provide any proof at all. Therefore this claim is neither admitted nor denied with regards to the Defendant entering into an agreement referred to in the Particulars of Claim. The Claimant is put to strict proof as to the existence, execution and terms of any alleged agreement. and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (d) show that they have served a Notice of Sums in Arrears (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; On receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated 07/05/14 . This was sent via recorded delivery and signed for on the 9/05/14 The Claimant has yet to comply. Furthermore, on the 08/05/14 I requested copies of the documents referred to in the Claimant’s Particulars of Claim by way of a*Civil Procedure*Request 31, PD 14. This was also sent via recorded delivery and signed for on the 12/05/14 The Claimant has yet to respond. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Defendant has no recollection of receiving a notice of assignment. Until such time the Claimant can comply with my request for a copy of the agreement and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief as pursuant to the Consumer Credit Act 1974. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Cheers I am also having trouble accessing the online account the notice was served on the 1st of may so i must have it in by the 29th
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My customer is making a Warranty claim, how to deal with it.
unimatrix1066 replied to rhysd1309's topic in Garage services
Google mobile k series gasket repairs there is 2 guys in Derby that do this all day long and know what there doing and are not expensive, I am a member of the mg rover forum there's loads of praise or them. -
Here are the details of the form Just getting a bit worried as i do not want a CCJ Name of Claiment MKDP LLP Fleming house Seebeck place Knowlhill Milton Keynes Bucks MK5 8FR issue date 01 may 2014 Claim Particulars The claiment claims the sum of 3721.00 being monies due from the defendant to the claimant under a regulated agreement orginally between the defendant and HSBC bank PLC. The defendant account number was xxxxx and was assigned to the cliament on 29/01/2013, notice of this has been provided to the defendant. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the cosumer credit act 1974 the cliament cliams the sum of 3721.00 and costs the cliament has complied , as far as is nessary, with the pre action conduct practice direction there is no section 69 as part of the form the claim relates to a credit card from a date of 2001 onward The claim is from a debt purchaser I was aware of the assignment of the debt The orginal creditor informed us of the sale of the debt I do not recall receiving notice of default sums every year payments ceased as HSBC would not recognise previous agreement in writing with a previous debt collection company reducing the balance to below 700.00 the dispute with orginal creditor remains no attempt to enter debt management plan, for the amount owed would have just paid it
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Back in 2008 my card was passed to capquest for collection, i entered into an agreement to pay back x amount every month with interest frozen. After about a year an a half HSBC took back the account , but would not reconise the new balance at a lower rate, i made 2 payments to them but stopped as they would not accept this. It was then passed to moorcroft who collected for about a year monies , but would not address the above. It was then passed to another company who i told i would not pay due to the balance issue. It was finially last year passed to mkdp. I spoke them about the issues and they said they would look into it. They came back about november saying i should complian to hsbc to resolve the issue, i did state the orginial agreement with capquest a copy of their letter agreeing this. Hsbc came back saying the debt was with mkdp now and not capquest, but never addressed my orginal compliant mkdp are chasing the debt now , i spoke to them today they suggest paying 1 pound for a statement, but i pointed out the problem is with hsbc. The orginal debt was 4800 , paid down to 2.5k under capquest and with further payments to others amounting to 568.00 so requested SARS Just got the SARS back after HSBC rung up saying they had only just received it, it does not cover the period that i am disputing which is over 6 years ago with the balance reducing as interest Had been frozen. Just wondering what the next course of action should be?
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My customer is making a Warranty claim, how to deal with it.
unimatrix1066 replied to rhysd1309's topic in Garage services
Post on the mg rover org forum you might get some concensus on the likely cause. K series are known for the head gaskets going, do you replace the lower oil rail aswell as these where modified as part of the gasket upgrade with metal instead of plastic pegs. -
Vauxhall Insignia - Coolant Fault
unimatrix1066 replied to theroyles's topic in Vehicle retailers and manufacturers
If it's the same engine as the vectra , I believe there prone to head gaskets going. I.had an 2008 vectra 1.8 with 100000 miles and the gasket went Search online to see if its an issue -
Back in 2008 my card was passed to capquest for collection, i entered into an agrrement to pay back x amount every month with interest frozen. After about a year an a half hsbc took back the account , but would not reconise the new balance at a lower rate, i made 2 payments to them but stopped as they would not accept this. It was then passed to moorcroft who collected for about a year monies , but would not address the above. It was then passed to another company who i told i would not pay due to the balance issue. It was finially last year passed to mkdp. I spoke them about the issues and they said they would look into it. They came back about november saying i should complian to hsbc to resolve the issue, i did statig the orginial agreement with capquest a copy of there letter agreeing this. Hsbc came back saying the debt was with mkdp now and not capquest, but never addressed my orginal compliant So mkdp are chasing the debt now , i spoke to them today they suggest paying 1 pound for a statement, but i pointed out the problem is with hsbc. The orginal debt was 4800 , paid down to 2.5k under capquest nd with further payments to others amounting to 568.00 i would like a bit of advice as to the best course of action Thanks
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The k series engine is known for its head gasket issues, there are specialists our there who repair these properly for about 500.00, There is an upgraded gasket and lower oil rail . A garage in Eastbourne do a 5 year guarantee on the repair but for over 1k Try the rover.org forum. However if you just bought from a dealer it's his problem. They still make the engine in china
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PCN Wimbledon Village
unimatrix1066 replied to unimatrix1066's topic in Local Authority Parking and Traffic Offences
Sorry green and mean , just thought I would post an update , thanks for the advice. -
I received a ticket by cctv for a pay and display bay in merton, after looking up the guidlines on issuing pcn its recommended that if there is no reason that a parking warden cannot be used for a pcn due to its location cctv should not be used. This in your case me be a point of appeal. The council will more likely reject this and you will have to go to the parking appeals service. However they must produce evidience to you in pictures , if they do not you need to immediatly appeal the ticket to the council in the discounted period on atleast this basis
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PCN Wimbledon Village
unimatrix1066 replied to unimatrix1066's topic in Local Authority Parking and Traffic Offences
Received letter from merton council saying they are dropping the fine due to location being wrong. Obviously they play hard ball when you appeal as they have noting to loose but you do -
Interveiw & Statement Under Caution
unimatrix1066 replied to Mark1960's topic in Speeding and Motoring Offences
Did you son take pics
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