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    • First,  please advise if you are legally qualified to provide such advice., Second, if it is the intention of the CAG to operate this as "forum" or a process based web site that dispenses legal advice.  Lastly, please confirm if you are acting moderator or a legal advisor.     I guess from your silence re. the above questions that you are not qualified to provide legal advice. I also suggest that you confine your role to moderation rather than making rude comments toward new forum contributors.    Thank you 
    • #1   Posted March 4, 2014 The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]     Which Court have you received the claim from ? County Court Business Centre, Northampton, NN1 2LH       If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Capquest Investments Limited   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 13th January 2022 / 31st January to acknowledge / 14th February to submit defence   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1. The claim is for the sum of £4,608 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsburys Bank PLC under account number 4779169679648877 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from HBOS to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3418   What is the total value of the claim? £4893 (this now includes the Court and Legal Reps fee)   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes this is likely but cannot find the letter   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, twice   Did you inform the claimant of your change of address? yes, as they have been able to contact me, or when phoning the claimant they have updated the address records Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? 03/04/2003   Do you recall how you entered into the agreement...On line /In branch/By post ? Think it my have been in store   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No, not any more   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. Assigned to Capquest   Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall   Did you receive a Default Notice from the original creditor? Yes I am sure my wife did   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No, I have a letter from Capquest dated 10th June 2019 following a letter of complaint I had written declaring they hadn't provided statements between 2010 and 2019   Why did you cease payments? My wife had a breakdown and has been declared as clincially depressed. She has taken medication for many years now.   What was the date of your last payment? Account defaulted with Sainsburys between 2008-2010, we have made token payments ever since without fail   Was there a dispute with the original creditor that remains unresolved? Not that I can recall   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? We did speak with Sainsburys and agreed to pay £5 per month, then account was assigned to Capquest and we started paying £1 per month. We continued to pay both between 2010 and 2019. The current statement doesn't run beyond 2019. Claim Form.pdf
    • Sorry, I would rather not do that.    I don't really want to get them out as they have 3 more years left and other than roof they pay for all repairs. So as long as I keep on top of any further roof repairs its a decent contract.    So if they fail to reply then I am assuming that I need to MCOL them for unpaid rent and then let the judge decide who is right or wrong? 
    • Ok thanks dx 100uk. I’ll keep u posted
    • Hi again,   Having responded to the court claim for mediation I since have heard nothing from the court. On Thursday this week we received the attached letter from Overdales. Could I ask for advice on this letter and also ask if they should be writing direct when mediation through court is pending?    Thanks Overdales letter.pdf
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mechanic Liability?


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thanks guys I will try the astro van forum and see if there is anyone near me who can help with this. I've tried to contact him to get my van keys and head back, but he won't answer his phone or reply to my text messages. I know he can't hold on to my property because I have paid him in full for the work he has carried out, but I will keep trying him and if not, then a call to the cops should solve that part of it! MANY MANY THANKS GUYS FOR EVERYTHING YOU HAVE DONE SO FAR, good to know there are some nice people out there!

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HF which forum are you a member of?

 

If I told you I would have to.......

 

You know what I'm saying;)

 

Lets just say I wish not to disclose that info as my profile on there is a lot more forgiving on there than it will ever be on here due to the potential audience:wink::wink::wink:

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Eventually got a text from the mobile mechanic after trying since last night to get him to make arrangements to bring my vehicle keys and head back. He claims now that I am harassing him, which I wouldn't be doing if he returned my calls! He now says that he is withdrawing from working on my vehicle altogether, surely this is breach of contract? He was engaged to do an engine strip down and rebuild and that was the agreement we came to from the outset.

 

To be honest I wouldn't want him doing anymore work on it, but can he just dump the job before it's completed?

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I seriously think that this is a blessing in disguise.

 

I wouldn't want someone with this level of competence putting air in my tyres let alone doing a strip down and engine rebuild.

 

Finding someone that will take on the job may be very difficult now.

 

I personally would be looking for prices on a replacement engine so that it can be fitted complete and then either sell yours for spares or repair OR keep it and gradually have it rebuilt to the highest spec your money can stretch to.

 

Just think positive about the route you wish to take regarding your vehicle, don't let someones incompetence allow you to lose interest - just keep thinking "bigger and Better":D

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honehe can you get to his house, or wherever he has you parts stored, and pick them and the keys up?

Is it just the heads that he has or are there some ancillory parts or anything else that is part of the van in his possession?

 

I am thinking that he might not have done anything to the head 'and you need to know' and have everything returned.

 

Do you think that you have had value for the £1,500 you have given him or is there still work to be done that you have paid for ie; does he owe you any of the payment back if he stops work now?

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I've been paying for the labour as we went along, so I don't think he owes me anything back. I did give him £100 for overhaul of the head (labour charges) but I don't know if he has done it. He said he will post my keys to me, and I did tell him that I needed the head, but again no contact! My van is now in a worse state than when he started as everything has been ripped out from the engine compartment. My next move is to get the engine assessed by someone to see if it can be salvaged, may be cheaper to fix the internals (as long as the block is okay) then to fork out for another engine. I'm still looking for a another cheap used engine but can't seem to find one in the UK. He said it was my fault for buying an american vehicle. I have told him that I will be going to Trading standards, the environmental protection agency (venting the air con) and will also be taking legal advice. I'm not going to let him get away with it. But my priority is getting it sorted. I have emailed an engineering company down here who do up engines and have asked if they can take a look at it, just waiting on a reply.

 

If anyone knows of anyone that can check it over for me, I would be really grateful.

 

Thanks again for all your help and support guys!

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Do you know where your keys and head are or do you know anyone that knows where he does his work from?

 

I would refuse the postal offer because you want the items back. Does he mean he'll post them through your door personally or is he going to use the famous Royal FAIL! INSIST that you will collect them:thumbsup

 

Your fault that you bought an American van? what is that supposed to mean and why is it relevant???

 

I think the sooner you get your items back and punch his lights out;) the better:D

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honehe give cornwall engine company in cardrew industrial estate a call, they are on the outskirts of redruth and are trustworthy, they will also come and collect the engine, i have had a number of engines and cylinder heads done by them and never had a problem

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Do you know where your keys and head are or do you know anyone that knows where he does his work from?

 

I would refuse the postal offer because you want the items back. Does he mean he'll post them through your door personally or is he going to use the famous Royal FAIL! INSIST that you will collect them:thumbsup

 

Your fault that you bought an American van? what is that supposed to mean and why is it relevant???

 

I think the sooner you get your items back and punch his lights out;) the better:D

 

I was already thinking about that because they are my only set of keys and he did say in his text that he would return them at HIS convenience. I have his home address and he has a website with another address that I assume is his workshop. I'm dubious to go and pick them up from him because he could accuse me of something, so I may take a mate with me. He knows where I work and I did say he could drop them off there, but he's being funny about it all and that basically it will be when he has time, god knows when that will be. I need my keys because the vehicle paperwork is inside and I can't get the vin number. How long should I wait before calling the cops to get my property back?

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honehe give cornwall engine company in cardrew industrial estate a call, they are on the outskirts of redruth and are trustworthy, they will also come and collect the engine, i have had a number of engines and cylinder heads done by them and never had a problem

 

Thanks for that Boro, that is the company I have already contacted and just waiting for a reply. good to know that they are reliable, thank you. Puts my mind at rest a bit!:oops:

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don't think it would be right of me to pass on his website details. I don't wanna give him any reason to accuse me of harassment or slander or anything. Problem with this guy is he is fairly young and as soon as you complain about something he goes into what can only be described as a tantrum and gets bull headed and difficult. I'm being very careful to ensure I deal with him in a calm and fair way so he has no recourse on me. I am worried that he may say he has sent my keys and then just blame the postal service when they don't show up. I have sent him a text tonight to ask him not to post them and that I will pick them up at a convenient time. I have a feeling that what is convenient for him will be an inconvenience to me! I can't do much without getting the vin number for my vehicle and I imagine he is going to act like the spoilt brat he is and make me wait!

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Report your stuff stolen and get it back as soon as! The longer you leave it the more chance there is of not seeing your items.

 

At least if the Police are involved then YOU cannot be seen as harrassing him.

 

If it was me I would be on the phone in the morning!

 

Just think what a ballache it will be having no keys for your van that has no engine and all the documentation inside.

 

If you start turning up with mates then THAT most definitely will only give off one impression and no doubt arm him when HE calls the Police

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being ex military police, i know exactly what they will say. they will expect me to give him a reasonable time to return my items. Its not theft unless he doesn't intend to return them or damages them on purpose, but I can ring them and give them the heads up I suppose just in case I don't get them back! I have quite a few mates in the civvy bill so I will touch base with one of them tomorrow and see what he suggests. Don't know why I'm protecting this guy therefore, you should all know to avoid R.W. Motors in Cornwall!

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Well despite me asking him not too, the mechanic has posted my keys to me! So I doubt if I will see them again anytime soon. On a lighter note, a local garage is going to take a look at the engine for me free of charge, which really touched me at their kindness. Another mobile mechanic I know is going to transport the engine to the garage for me and only charge me for the diesel and not per mile as he usually charges people. He is also going to get some friends together and put my van back together for me! I'm close to tears when I think about how these people are going out of their way to help me after everything that has gone on. I guess angels come in all shapes and sizes!

 

I did contact Cornwall engineering company and the guy asked me what the mechanics name was, I twigged then that this guy was a mate of his cos I recognised the name, and am not surprised that they haven't got back to me, I expect his loyalty must lie with his mate. Oh well, when a door closes.....etc.

 

Anyway everyone, THANK YOU ALL SOOOOOOO MUCH FOR YOUR ENCOURAGEMENT AND HELP. If any of you ever need a favour let me know (obviously I'm not mechanically skilled though! lol). Will let you know how it all pans out guys. :rolleyes:

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Well guys, just a quick update. I have managed to source a new engine as my crank shaft was bent up on the dropped one. Got it for a really good price too, which is a blessing. A mobile mechanic mate of mine is going to get a few people together and sort it out for me at mates rates, which is fantastic. He had a look at what the other guy left and he is appauled at the state he has left the engine and engine compartment in. Apparently, this guy has removed things that weren't necessary. So I am going to photograph everything and hopefully I can claim back the costs of unnecessary work on the van.

 

I have been in touch with trading standards and they have told me what I need to put in a letter to him to get my money back for the damage. They also said that if he has posted the keys and they go missing then he has not dealt with them with reasonable care and I can recoup the costs of sourcing new keys or having all the locks changed. So it looks like him trying to make things difficult for me is backfiring on him! I'm a lot more optimistic about everything now and a lot happier. I will let you know what happens eventually with this and hopefully before long I will be motoring!:D

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Thanks for your support everyone will let you know what happens! I need a van for my paranormal research equipment and that's the only reason I got this cos it transports all my equipment and the guys in the team and also I can go abroad with it, which was my plan til it all went belly up! lol. But I could do with a holiday though and when it's fixed I would probably park by a beach somewhere and get the bbq going! lol. Oh and I'm a girl!!!!! :wink:xx

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Being a girl, (I won't ask you to post a picture), can make a great deal of difference. I used to have ladies come to me for clarification and quotes from what they had been told at other garages, and some of the stories were unbelievable and just down right conn jobs and all because the customer was a 'what would you know' lady.

 

It's nice to see you are getting stuck into this and taking charge.

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  • 4 weeks later...

is there anywhere that I can get a better manual than the haynes one I have to identify where everything should go back on my chevrolet astro engine compartment? the old mechanic has broken a couple of things on the engine heads and I need to replace them but myself and the other mechanic helping have no idea what these little parts are for. I need something that shows plenty of pictures of where everything is and how it all goes back together. My engine is virtually rebuilt now but not knowing what these sensors and parts are for is causing me a delay in getting it all up and running again. Can anyone suggest a suitable reference material to help me please? Thanks

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That's excellant news that you're making good progress honehe. Best bet is to try e bay US. There is a company there like Haynes here that does manuals.

 

In the mean time if you could post some piccies of the bits you're having trouble with some of us might be able to help.

 

For starters a copper coloured one will usually be a temp sensor. A black one is usually a proximaty sensor so should give you a bit more of a clue.

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