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    • Hi, this is the amended and hopefully final defence. Would someone just give it a once over for me before it's ready for filing on MCOL. I'm doubting myself but as I recall I don't need to post to the Sols or Claimant, just submit online?   1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.   4. Paragraph 3 is denied. I have not been served with a Termination Notice or Default Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.   5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.   It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.   As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Okay, it's turning out better than I expected. We can go over a resume of the situation when you get it back and see what you think might be outstanding and if you want to do anything about any of it.
    • Back home now - Not a wasted trip entirely but did not come back with the car. They took it in straight away at 8 to sort out the navigation which apparently is resolved.  Next was a health check again: 1. Battery = defective 2. Fuel Flap solenoid - Apparently this was on the MPC but I even missed this.  So another one to add to the list of not rectified but vehicle handed to us.  Worst case with this is the flap does not open. 3. Sun Visor - Requires replacing 4. Navigation - Resolved 5. Tyres - The low tread has been deemed as perished - again, I do not understand how this went through MOT the day before collection!  And they also found a nail in the tread - by the looks of it and the lack of miles we've covered, it's been in there a while.  Agreed front right is budget make.   Took a bit of to/fro but all points have been authorised by Sales for Servicing to carry out - essentially as Sales missed this (or were told it was good to sell), they foot the bill.  Internal politics and all fake/virtual money.   The bad news is despite a note to order the battery last week "just incase", it was not done so battery, solenoid, visor and tyres all will be ordered in for tomorrow and resolved tomorrow hence coming back without it today. Upside, after a bit of pushing, I did get an Automatic Q3 70 plate which was the salesmans own demonstrator.   Salesman also apologised for the way he had been/tone used last week so we've put all that in the past (if everything is sorted!)   Finally, raised the fact their MPC states various services need doing.  The service advisor agreed, checked and to my surprise, the day we picked it up, they were completed. I got a printout stating this which included the oil service (even though it was done in September), gearbox service, Haldex (for the quattro system) and brake fluid.   Only thing I need to ask tomorrow is the parts list does not state Gear Box filter which is part of the service on the s-tronics and gear oil seems to be 1x G060175A2.  IF I am reading this correctly, this is only a top up of 850ml and not a complete service which should be around 5-7 litres + filter.
    • as long as returning the car doesn't cost you ...yes. however you are not compelled to do so out of your own pocket. you simply write, if you need too, stating the car is ready for collection at anytime but please advise me first.   but of course, be a wee bit smart here, until/unless the judgement is actually satisfied, it goes nowhere! dx  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Has anyone considered approaching the student union newspaper for PCAD? Perhaps after the dust has settled. I know that the national press would give better publicity, but the student rag would strike closer to home.

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Has anyone considered approaching the student union newspaper for PCAD? Perhaps after the dust has settled. I know that the national press would give better publicity, but the student rag would strike closer to home.

That's a good idea, AT. I already know that some from the students Union have seen this thread.;)

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Guests notable by their absence. I wonder if the entire department has 'phoned in 'not feeling too good today'?:D

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Hmmmm....

 

The talk of guests just got me thinking.

 

As you may or may not know, CAG relies heavily on search optimisation to reach high ranking in search results (SEO for short). By using lots of key words, it ensures that the bots and spiders searching the threads then index the site as being of relevance to someone searching the same subject. (Those bots and spiders show as guests, obviously, hence my trend of thought, bear with me, it is relevant! :razz:)

 

For example, do a search on "bank charges" on Google and you will see that after the obligatory sponsored ads and news, CAG is on page 1. Search, I don't know "Howard Cohen", and CAG is right there too. Very useful for someone who just had a threatening letter and turns to the Internet for finding out what it's all about. There are many more examples, and by using SEO throroughly, we can make sure that when people need help, they find US.

 

Now it would appear that if you type "PCAD", or "Lyons-Davidson", or even "Plymouth College", this thread is nowhere to be seen. On a thread that's 97 pages? How so?

 

Well, I think that's because we have been using acronyms throughout, and the bots don't recognise that "PCAD" is of interest or relevance, or that LD refer to Lyons-Davidson. And that's a shame, because anyone caught in the same kind of trap as Fred was won't find help and guidance the way he did.

 

So, what can we do? Well, it's bank holiday weekend, if people aren't too busy, they could go through their own posts and edit. Where it says LD, change it to their full name, like wise PCAD etc... It's a simple copy an dpaste job, but it should see this thread being bumped up the Google pages within days. It's time-consuming, it's long and it's boring... But I think worth it.

 

Ramble over. :-)

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That is an extraordinarily good idea Bookie.

Not only will it help anyone else who they try to take for a ride but you have to believe that potential clients googling 'Lyons-Davidson' or students trying such phrases as 'Royal Sun Alliance student insurance' might get an altogether different view than the one depicted in the nice glossy brochures of these two companies.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Well yes... Admin may well then get complaints and threats of libel etc... (they regularly do from companies who don't like their glossy image tarnished, bad for business, dontchaknow) so just let's all make sure we give them no reason and keep our facts scrupulously straight, no libellous comments etc... ;-)

 

One of the funniest ones to date remains the one about "Kelly's vegies". Honestly, search it on Google and see the way it worked really not well for Kelly and his vegies, lol.

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So if I understand this correctly, we should be putting Lyons-Davidson,Plymouth College of Art and Design, or

Royal Sun Alliance student insurance in our posts :D

Edited by electron99
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Incidentally I often peruse the forum without logging in so am shown as a 'guest'. This does mean that not all the 'guest' are associated with Lyons-Davidson, or Royal Sun Alliance student insurance or Plymouth College of Art and Design.

Edited by electron99
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So if I understand this correctly, we should be putting Lyons-Davidson, or

Royal Sun Alliance student insurance in our posts :D

 

So just to confirm for the thickos (me).... we need to put Lyons-Davidson or Royal Sun Alliance student insurance in our posts and it will achieve a higher google ranking?

 

Can typing in Lyons-Davidson or Royal Sun Alliance student insurance really make that big a difference?

 

Won't it just be free advertising for Lyons-Davidson or Royal Sun Alliance student insurance?

Edited by westmidsman
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Yes, and don't forget to mention Plymouth College of Art and Design in the same sentence as Lyons-Davidson and Royal Sun Alliance. :-D

 

Of course, it may be that this unfair legal action will be stopped, but it has to be said that Fred was very lucky to get some sound legal advice from here. Otherwise, Plymouth College of Art and Design and Lyons-Davidson and Royal Sun Alliance may well have stung him for thousands of pounds.

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Yes, and don't forget to mention Plymouth College of Art and Design in the same sentence as Lyons-Davidson and Royal Sun Alliance. :-D

 

Of course, it may be that this unfair legal action will be stopped, but it has to be said that Fred was very lucky to get some sound legal advice from here. Otherwise, Plymouth College of Art and Design and Lyons-Davidson and Royal Sun Alliance may well have stung him for thousands of pounds.

 

Classic! :lol:

 

H

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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Just for the record Plymouth College of Art and Design was rebranded since the unfortunate subrogated insurance claim incident with Royal Sun Alliance (RSA) and is now know simply as Plymouth College of Art.

Royal Sun Alliance are sometimes known as RSA and/or R&SA and although they do specialise in student campus insurance policies through sites such as cover 4 students dot *** this is not a student insurance policy from Royal and Sun Alliance but a buildings and contents insurance policy.

Lyons Davidson are specialists (allegedly) in the field of subrogated insurance claims and it does appear to be Lyons Davidson who are the real driving force behind the subrogation claim on behalf of Plymouth College of Art and Royal Sun Alliance.

Lyons Davidson actually boast in their nice PDF brochure that they have picked up on this field of litigation as they found that insurers such as in this instance Royal Sun Alliance were loathe to pusue third parties to recover outgoings.

Lyons Davidson appear to have a large number of specialist subrogation claims experts based throughout the Country, the Bristol office of Lyons Davidson is the office dealing with the Royal Sun Alliance and Plymouth College of Art subrogated claim against Fred.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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That's a wonderful idea Bookworm. You are clever!I'll get to work immediately and start to make the changes you suggest.

It's time the world was able to access the information about Plymouth College of Art and their legal action action against Fred via their solicitors Lyons Davidson. Lets not forget Universal Security UK limited (as was) and Royal and Sun Alliance for their part in this sorry mess.

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Maybe your friend at the BBC in Leeds would be willing and able to give their colleagues in the South-West the heads up about this matter concerning the Plymouth College of Art and Design and the Royal and Sun Alliance insurance company?

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So if I understand this thread correctly, the Plaintiffs in the case are Lyons-Davidson, Plymouth College of Art and Design, and Royal Sun Alliance student insurance.

 

However, Plymouth College of Art and Design is also known to students and people talking about it as PCAD, which of course is silly, especially since they changed their name recently to Plymouth College of Art. Does Plymouth College of Art not do anything for people who are into Design anymore then? Do the students miss going to PCAD, oops I mean Plymouth College of Art and Design?

 

Royal Sun Alliance are an insurance company sometimes known as RSA, and R&SA but thats a bit unfortunate...

 

since there is also a charity known as RSA, which even more ironically enough has the stated mission of "Removing BARRIERS to social progress"! :D I kid Caggers not! do a google on RSA its one of the top results.

 

I have heard of Lyons Davidson in other portals of the interweb. I believe they started what ACS Law is now trying, by harvesting the IP addresses of innocent people, often away on holiday and demanding money for copyright breaches. I could be wrong though, I may have misread the name - Was it Lyons Davidson who pioneered this new revenue gathering technique? I am sure it was LD / Lyons Davidson.

 

Would anyone recomend using Lyons Davidson? There has obviously been lots of posts about them, but I would be unsure if Lyons Davidson would be suitable for me, as they seem rather expensive.

[sIGPIC][/sIGPIC]

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I have heard of Lyons Davidson in other portals of the interweb. I believe they started what ACS Law is now trying, by harvesting the IP addresses of innocent people, often away on holiday and demanding money for copyright breaches. I could be wrong though, I may have misread the name - Was it Lyons Davidson who pioneered this new revenue gathering technique? I am sure it was LD / Lyons Davidson.

 

Could you PM me any links or other information sources about this? Possibly best not to post in thread as it would be going off topic.

 

Would anyone recomend using Lyons Davidson? There has obviously been lots of posts about them, but I would be unsure if Lyons Davidson would be suitable for me, as they seem rather expensive.

 

Fortunately for LD, I'm not going to be hiring lawyers for the kinds of litigation that they specialise in. So my personal opinions concerning them are irrelevant.

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Lyons Davidson claim the following in their lovely brochure:

 

"Our success is based

on our willingness to invest and our ability to innovate.

The result has been a service recognised as outstandingly

effective, prompt and cost efficient by our clients." :lol:

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since there is also a charity known as RSA, which even more ironically enough has the stated mission of "Removing BARRIERS to social progress"! :grin: I kid Caggers not! do a google on RSA its one of the top results.

You couldn't make it up could you?

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I could be wrong though, I may have misread the name - Was it Lyons Davidson who pioneered this new revenue gathering technique? I am sure it was LD / Lyons Davidson.

 

.

Are you sure you don't mean Davenport Lyons? They are involved in alleged illegal downloads of music and games.
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Yes, it is Davenport-Lyons, as seen on Watchdog, who specialise in the copyright issues, and they have, as far as I know, no connection whatsoever to Lyons-Davidson, who represent Plymouth College of Art, or maybe Royal Sun Alliance, I have kind of lost the plot here. :razz:

 

Anyway, just to clarify that as far as we know, there are no connection between Davenport-Lyons and Lyons-Davidson. Incidentally, my home town is Lyon(s) in France, and there are no connections there either. :-D

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How very bizarre.... my good friend David Son has a home in Lyon(s) and he tells me one the directors of Royal Sun Alliance lives nearby in an old building inspired by the Plymouth College of Art....

 

Ok I think we might be stretching this out a bit now

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Please note that this topic has not had any new posts for the last 3331 days.

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