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Mr-Pieman

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Posts posted by Mr-Pieman

  1. Name of the Claimant ? Hoist Portfolio

     

    Date of issue 26 /4/ 16.

     

    Date of issue 26/4/16 +19 AOC by 14/5/15 DONE

     

    Date Defence to be submitted 29/5/15

     

    What is the claim for – the reason they have issued the claim?

     

    This Claim is for the sum of £ 4***.00 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no.

    The debt was legally assigned by OC to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.

     

    The Claimant claims

    1. The sum of £ (less than 10k)

    2. Interest pursuant to s69 of the County

    Court Act 1984 at a rate of 8.00 percent

    from the date to the date hereof xx days is the sum of £ (not a lot)

    3. Daily interest at the rate of £ yy

    4 . Costs

     

     

    What is the value of the claim? less than £10k

     

    Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan I think

     

    When did you enter into the original agreement before or after 2007? Before 2007

     

    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser

     

    Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I think it was one

     

    Did you receive a Default Notice from the original creditor? Yes INVALID

     

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

     

    Why did you cease payments? Lost High paid job had to take lower paid one

    What was the date of your last payment? could be over 6 years or very close to.

     

    Was there a dispute with the original creditor that remains unresolved? YES UNPAID PPI REFUND

     

    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? I tried to contact them by telephone and even offer payment they refused to allow me to pay by standing order on the

     

     

    Prior to action I submitted a s78 request this was not furfilled no CCA no Terms No account balance.

     

    I will post by CPR 31.14 today.

     

    Things I will request and probably not get I have dealt with the Claimants Sols before

     

    1. Copy of the CCA +T&C

     

    2. Default Notice

     

    3. Assignment Notice and proof of service.

     

    4. Termination Notice

     

    5. All statments

     

     

    Should I mention that the response to the CCA request was invalid in the above?

     

    "Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored."

     

     

    Thanks in advance

  2. Many years ago I had serious financial difficulties.

    One of my loans was defaulted and terminated within the default period (nice).

     

    the account was sold over a year ago to a certain Crusoe brain trust

     

    I requested a copy of the CCA.

     

    This was a year ago after several letters saying they were trying to get a copy from the OC (good luck with that).

     

    Finally a letter arrived last week saying a copy of the original or a reconstructed CCA was enclosed

    which it wasn't nothing was enclosed not a sausage.

     

    It looks to me to be an automated letter.

     

    I know for a fact that the CCA does not exist as I requested it from the original OC a long time ago

    and also requested a full SAR it wasn't in there either.

     

    My question is do I just leave this as the account is very close to be SB?

     

    Would you contact the idiots or just let it ride?

     

    Thanks in advance

     

    Mr P

  3. I just received a phone call from Toyota I explained the problem.

     

    I believe the main points are as follows

     

    1. The vehicle was not fit for purpose and not of sufficient quality especially in reference to durability.

     

    2. Charles Clark Toyota misdiagnosed the fault and over-quoted for the work to be done resulting in a free warranty repair turning into £1200.

     

     

    Toyota GB have said they will re contact Charles Clark and get them to phone me. They say as the repair was done by a none Toyota garage there is little they can do.

     

    It certainly looking like a small claims court case to me. Out of interest would you go for the full invoice cost or part of it?

     

    thanks all

  4. I finally got a response from the garage they basically said that the bite point was high indicating it was the clutch and that they would have do do further investigation work.

     

    This is incorrect my Dad was told it was definitely the clutch and it would be £1100 they never mentioned any investigation work. They also said that they quoted him £800 this was for the none Toyota clutch they initially told him it was £1100.

     

    They said that he should have bought the vehicle back after the fault was diagnosed with the flywheel this would have been impossible the vehicle was in bits probably with the gearbox out.

     

    They have basically said they can help no further as the vehicle has been repaired by a none Toyota dealer and they cannot put forward a warranty claim.

     

    I have emailed them back asking if 2 flywheels in 4 years and 20k miles is normal? I have also quoted SOGA with regards to quality and durability clearly there is a major problem here.

     

    Thanks

  5. Thanks Conniff,

    It would definitely be worth sending Mr Toyoda a letter. I have previously owned Honda's and the level of quality was exemplary. I really didn't expect this complete lack of support from such a high profile Japanese company. Especially one that has been trying to repair its image in the media. Obviously the UK arm has some serious issues.

     

    As you say I would hope that contacting the head of Toyota would certainly give the UK franchise a good kicking.

     

    Thanks again

  6. To keep this thread up to date.

     

    I emailed Toyota GB directly they are unable to send me the CEO's email address I have since found out that Matt Harrison is no longer the CEO of Toyota GB.

     

    I did however receive a response from Charles Clark Wolverhampton and I received an email address of their General Sales Manager. He actually phoned me on the way home and I briefly outlined the issues I also sent him my letter outlining the problems in detail.

     

    Well that was a week ago I have received no reply to my email and no reply to my follow up yesterday. I'm going to email them again today. Then I'm contacting both parties by written letter (Toyota GB and Charles Clark).

     

    I'm completely appalled by the conduct of this dealer.

     

    Can anyone furnish me with the new CEO's email address? As I said Toyota GB stated "it was not possible to obtain an email address for the CEO of Toyota".

     

    Thanks

  7. Hi everyone,

    the letters are now ready to send to the Manager of the dealer and the CEO.

     

    Out of interest I contacted another Toyota dealer requesting a price for a clutch replacement they quoted £700 nearly £400 less than Charles Clark. Needless to say this is another complaint that will be going in the letter. They really did try to take advantage of my Dad in this matter.

     

    I will update as I find out anything.

     

    Thanks

  8. Hi Conniff,

    that's absolutely correct. I would have hoped that an official Toyota dealer would know the difference between a clutch failure and the dual mass flywheel failing. Considering that the clutch was replaced 10k previously its not a great leap of logic to assume it was the flywheel.

     

    I just contacted Charles Clark Toyota apparently the clutch and flywheel were replaced on the vehicle in July 2012. This certainly indicates that the system has historic problems.

     

    Thanks

  9. Hi everyone,

    my dad recently had a problem with his Toyota Urban Cruiser 4WD Diesel. The vehicle is four years old has been serviced all its life (He bought it from new) at a Toyota garage. The vehicle has only done just over 20K

     

    He has recently had problems getting the vehicle into gear so he took it to our local Wolverhampton Toyota Dealer Charles Clark Toyota. They diagnosed the problem to be the clutch. They quoted £1000 to replace the clutch (Original) or approx £800 for a none Toyota one I find this rather odd a Toyota dealer offering none Toyota parts. The clutch on the vehicle was previously replaced at about 10K due to a major problem with the vehicle apparently Toyota only cover the clutches for 2 year so my Dad had only done 10k miles on this one. This one was just over the 2 year mark.

     

    My dad mentioned that he was getting a bit tired of the vehicle to which the dealer suddenly stated that a Hybrid would be a good idea as no clutch. My Dad and myself find this attitude rather bad basically it was your car is buggered tell you what we can sell you a new Priusfor £22K. They introduced him to the sales manager gave some story about how parents have them and love them etc. To cut a long story short my Dad left it and contacted A1 Clutches in Wolverhampton.

     

     

    When he took it to A1 Clutches the said that it might be the clutch but it could be the flywheel this part would have been covered under the Toyota warranty. Unfortunately my dad went ahead with the repair and it did turn out to be the flywheel. He contacted Charles Clark who were basically not interested they said that they needed to do the work and replace it with a proper Toyota part apparently A1 did replace it with a clutch from the same manufacturer. They stated that the teeth were worn on the fly wheel. He went to A1 as they quoted £650 for the clutch. The repair has now cost him over £1k.

     

    My Dad has trouble walking a heart condition and is undergoing treatment for cancer at the moment his vehicle is absolutely vital to get him to the hospital hence his haste at getting the vehicle sorted out.

     

    I find Charles Clark Wolverhampton attitude to be disgusting, the vehicle obviously had serious design/manufacturing faults a clutch does not fail after 10k and a fly wheel after 20k. The vehicle has a dual Mass flywheel which causes real issues I believe.

    How can a Toyota dealer offer none Toyota parts on a vehicle that is still under a Toyota Warranty also??? There attitude by trying to wash their hands of the problem and sell my dad another vehicle is also very bad.

     

    Should we contact Toyota and state our displeasure with the dealer or just go for the dealer with the sale of good act?

     

     

    Thanks

  10. Hi Everyone,

    just reread the letter this is it verbatim :-

     

    "...We note from our records that you have maintained payments for some time. It is a requirement that we review your arrangement regularly to ensure that this repayment arrangement remains affordable for you. Please contact us to discuss your current financial position so that we can make a fair and reasonable assessment of your ability to pay the existing instalment amount..."

     

    It also mentioned offers at a reduce amount for settling the account etc.

     

    And they expect me to contact them within 7 days.

     

    What requirement are they talking about? Is this just a fishing trip to see if they can get there cash quicker maybe the OC is offering bonuses? Should I report them to the SRA, because stating that their is a requirement to review the arrangement sounds a bit official when there clearly is no such thing.

     

    Thanks

     

    Mr-P

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