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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
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[EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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kris101

second hand car from dealer 2 weeks ago - exhaust fell off

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Hi

I have just found your forum and hope that you can help me.

Just over two weeks ago on 3rd June (if memory serves me correctly), I put a deposit down on a second hand car from a second hand car dealer that has a service centre attached to it. They said the car would have to go through some checks, and they would put a new mot on it, as well as change the cambelt. I went to collect the car on 5th June, and paid the rest of the money. I had to take the car back on 12th June as the driver side electric mirror was not fuctioning correctly, and some attention was needed to the door, which they fixed without any complaint.

On 21 June, yesterday evening, there was a terrible noise. I called out the RAC and they discovered that the exhaust, (the part right at the front of the car, not the tail end) had come apart. From what the RAC said, it looks like I will have to replace the complete exhaust, which is a costly business.

The second hand car dealer gave me a three month warranty with an independent company, but I notice that this does not cover the exhaust.

In the advert, the car had been described as "in immaculate condition". Would the second hand car dealer be liable to replace the exhaust at their cost?

They are in southampton, and I am in London.

Please advise of what action, if any, that I can take, and the approach I should take, as I am upset at the moment and do not want to say anything or do anything that would jeopardise any rightful claim that I may have.

Thank you

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It is unreasonable that an exhaust system would deteriorate so much in 2 weeks that it collapsed. It is also unreasonable that the exhaust was MoT standard 2 weeks ago and fell appart today. So, I would suggest the likely thing here is that the exhaust was up to standard but worked its way loose during driving. That is unnaceptable and would suggest poor workmanship or faulty components or componenat failure.

 

Although exhausts are normally not included in any warranty claims, an exhaust falling off 2 weeks after purchasing a car described as immaculate condition by a dealer and having just passed an moT test is not acceptable.

 

I would be asking the dealer to foot the bill for the repair or reject the car under the sale of goods act as unfit for the purpose it was intended for - ie safe transportation. An exhaust falling off at speed can cause a car to crash.

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And the dealer would have to foot the bill or collect the car - as it would be illegal to drive it with a failed exhaust from London to Southampton to be repaired.

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Hi

Thanks for your reply. I spoke to the dealer, but he refused to pay the cost of repair to the exhaust, and is adamant that the exhaust was up to standard during the mot, and says, therefore that it is my responsibility to pay the bill. How can i make him pay.....i dont have money to go to solicitors, etc....

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hi all

i just spoke to my mechanic, and he has had a look at the exhuast, and i asked him whether he reckoned that it would have been ok at the time of purchase. His opinion is that the exhuast was ok, but probably came off my by hitting an effing road bump. On account of that he reckons that the dealer i bought it off is not liable. So according to him, im going to have to fork out for cat converter part of the exhaust. Peugeot told me a grand, but mechanic says he can get a no name for 350..... Looks like im left with the bill then.

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Hi Kris

 

Good on yer for posting what the final outcome was. Sadly this forum no longer attracts people who are looking for help. The majority of posters want retribution and revenge. It's good the Dealer stuck to his assessment of the situation and it's good your mechanic friend confirmed it.

 

You can move on knowing the dealer has nothing to hide (As a generalisation of course).

 

Hammy :)


42 years at the pointy end of the motor trade. :eek:

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I find the title of the thread interesting under the circumstances: ......exhaust FELL off.

 

perhaps before people brand the dealers as a rogues in future, they will consider whether something is now off the car because if fell of, or because they smashed it off by hitting somnething - like a speed bump as in this case.

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