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Mec1

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About Mec1

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  1. Thanks for the link but that seems to only deal with online sales. My issue is with direct face to face sales.
  2. Hi Just wondering if the Consumer Protection from Unfair Trading Regulations 2008(amended 2014) covers business to business transactions? Meaning that the consumer can be a business? A friend has been misled by a salesman about a service they've bought in their business and we're trying to put a complaint forward. Any pointers to some helpful legislation would be appreciated. Thanks in advance.
  3. Hi Sorry, I was trying to be discrete. It was repairs to a gearbox where some gearbox parts were replaced. It has developed a very slight whine which could be the gearbox or the diff (integral), but can not be determined until the gearbox is taken out. The garage want my authorisation to pay for this, which I have refused to give as it was only repaired 10 months ago (albeit 18,000 miles later). I just wanted to know my consumer rights as there doesn't seem to be much online regarding warranties and this sort of problem.? Thanks
  4. Hi, I'd like advice on a part sent off for recon/repair. The garage's sub-contracted repairer gave a 6 month / 6000 mile warranty on their work, but the garage covered this with their own 12 month / 12,000 mile no quibble warranty. I have done 18,000 miles since the repair, 10 months on. It is outside the warranty due to mileage. There may be a fault with the part, but the garage wont know until it is removed, which is quite labour intensive. The garage state that it is outside of the warranty periods of both their repairer and them, although they did say that if it turns out to be a related fault they will 'look after me', i.e. a reduced charge for example. Do I have any rights? Thanks
  5. Hi Dx - Yes I did sent them a SAR they said that all my records have been destroyed due to the length of time. I have now submitted an MPPI claim using the form on their website and giving as much information as I can remember, including the date I took the mortgage and MPPI out. I figured that if this fails, then I'll refer up to the FSO. If they've deleted my account though, I'm not quite sure what they'll do with my claim and how it would be calculated as, interestingly, no where on the form does it mention figures!
  6. Between 4th April 1996 and 1st February 2001 I had my first ever mortgage with the Halifax and also some sort of PPI, payable through loss of income, but I can't remember what it was called at that time, although it formed part of my overall mortgage payments. Due to the lack of information I had, I instructed a PPI claims company to act on my behalf, who contacted the Halifax and were advised that I didn't have any PPI. I wrote to the Halifax directly, asking them for my mortgage account number, transaction list, and details of the mortgage and insurance/payment protection policy taken out alongside my mortgage. They responded by saying that all account information about me was no longer held and therefore they couldn't provide the information requested. Does anyone know where do I stand with this please, as I really wanted to make a claim? Thank you in advance.
  7. Because all the known UK addresses for the company are either old ones or just postal drop off/collection points (used by many companies). I tried paying for a professional search but they drew a blank too. Because the Director has been in this situation before, I think he's covered his tracks this time..... It's really frustrating to have everything in place (claim, judgment, etc) and the fail at the last hurdle due to the bank account name on the interim third party debt order! Whilst I've seen guidance on changing names on claims, I've not seen any on judgments, so I'm guessing I know have to start again (and lose all the costs unless I can add these to the new claim). I can't ask the judge to issue an Order for information as it can't be personally served on the Director, which I understand has to happen, with evidence of such.
  8. Thank you for your very informative reply Andy. Unfortunately, the Director lives in America so any 'personal' service of papers will not be possible. He has history of county court claims etc. I'm surprised the bank allows a UK registered/Limited company to operation from a personal account! I may still be able to serve the Order at the UK registered address though? The Application hearing was set for tomorrow, however in light of the judges decision regarding the interim third party debt order I have asked for an adjournment until I can sort this all out. So to summarise, I have a county court claim and judgment in the company name, and an interim third party debt order in the company name instead of the Director's name, which the Judge says can not be amended.
  9. As the claimant, I have county court judgment against a UK limited business. Following failure of a warrant to seize goods, I applied to the court for a third party debt order. I have since discovered that the UK bank account the business uses is actually in the Director's own name and not in the business name, so the Judge states he can not change the interim third party debt order (which has naturally been rejected by the bank) as I have no judgment against that individual name. Any advice please on how to now best proceed? Thank you.
  10. Many thanks for the clarity. I didn't want to 'sign my life away' and couldn't get my head around having to file a defence which I have technically already done via my correspondence with them. So I will sign and return their Consent Order then await the claim being sent to me. Presumably if they don't send me the claim then I can't file a defence!
  11. HI Andy Many thanks for your speedy response. It's obvious? Really? Blimey, I'm really not with it then, as I assumed to set aside meant to vacate/nulify/cancel Judgment. The idea being that 'we' are in discussion at present about the matter in hand, which is likely to be resolved soon, so had their original correspondence reached me the claim etc would not have happened in the first place. Although I appreciate that there are very few reasons to defend having a Judgment in the first place, in this case their correspondence, claim and Judgment was sent to a 'non-existant' address, not an old address for me, so it did rather seem a bit clear cut to me as far as my Application went, without the need to 'file a defence'.
  12. Hoping for some advice please. In summary - A claim was made against me which, as well as all the preceding correspondence, was sent to an incorrect non-existent address, therefore I knew nothing of it. The claim etc was returned to the solicitor as address unknown but they still pressed ahead with a default Judgment. They presumably found my correct address in the end and subsequently communicated with me, making mention of the claim and subsequent default Judgment. I have been corresponding ever since in an attempt to put the matter to bed. Having asked the claimant's solicitor to set aside the Judgment (for obvious reasons) I ended up having to submit an Application to the court myself, which has now been listed as a hearing for a forthcoming date. This has prompted the claimant's solicitor to send me a Consent Order to sign which agrees to set aside the Judgment ONLY if I file a defence soon thereafter. Is this normal/acceptable practice? Surely if the claim, sent to a non-existent address, which I have still never received, is set aside then the process should start again? And it is difficult to file a defence on somthing never received. On putting this to the solicitor they said that if I do not sign it then they will write to the court and say that they have tried to be reasonable and I have refused. Any advice please? Many thanks in advance.
  13. Me neither Andy. Just trying to follow the Judge's Directions on the N154 notice: "The parties must file with their Listing Questionnaires copies of their experts reports, witness statements......and an agreed trial timetable."
  14. Thanks Andy - but the N154 Notice of Allocation was received weeks ago. It is within this document that the Judge sets out a number of pre-trial requirements including an "agreed timetable" - to be submitted to the court (along with the Listing Questionnaire). Searching online, I see many people struggle to know what this is.
  15. Thank you Kraken1 and Rebel11 for your comments. Since posting this, the court has advised me that the claimant has submitted his Listing quationnaire, included his disclosure list and witness statements - yet hasn't supplied them to me (as per the directions). My Application to the court about this got refused and his documents have been included - making a whole mockery of the so called Rules, Directions, and System! So I haven't had sight of any of his documents and no doubt the claimant will lie and say he hand delivered them or similar. I'm furious! My only remaining problem is that no one seems to know where to find an example of an "agreed timetable" which the claimant and defendant are supposed to produce to the court as per the Directions! Even the court website doesn't cover what the format is/contents are! Lots of people asking online what it looks like, but no answers. Most bizarre. Thanks again.
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