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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • please stop posting up unnecessary unnamed screenshot files  you've done it throughout your threads and we have to renamed them. RENAME THE FILE before you upload if its just text information like a defence or a claim history or a link to a previous post  type it here not by an unnamed screenshot attachment  . sorry NM but you've been here dealing with PPC claims since 2021 somehow you always manage to screw up.......or do totally the opposite of std repeated advice on 10'000 of PPC threads here you are your own worst enemy... dx  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tesco/RBS CCA Form Help Please/court papers sent


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On the left hand side of the N1 it states Particulars of Claim. just copy that but leave out any personal details (although there shoudn't be any in there)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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The particulars of claim states:

 

The Claimants claim relates to outstanding bank accounts maintained by the Defendant with the Claimant as follows:

Sortcode - my sortcode and acc no

Net Amount - my o/s balance including PPI cover

 

The claimant is the holder of a licence under the C C A 1974. The claimant has made demand/issued default notice in respect of the outstanding accounts. The defendant has failed to repay and/or the default notice has not been complied with. The total amount outstanding set out above includes accrued interest at the relevant agreement rate (contractual) from the date of demand/termination date to the date of issue.

And the claimant claims

1. My o/s balance

2. Costs

3. Interest pursuant to section 69 of the County Courts Act 1984 until judgment.

 

On top of this is the court fee of £190

 

HELP PLEASE!

 

I have sent FOS complaint to FOS today about TEsco handling of this - cant see that can hurt!

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Now I am confused. I thought this was for a loan, not a bank account:???:

 

If so the POC's are wrong.

Have a good read of the second link I posted above to give you some idea of what to do.

 

You have a total of 33 days from the date on the N1 (5 days for service + 14 days to acknowledge +14 days to put your defence or admission in)

If the claim form is from northampton, you can acknowledge online

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Yes it is for a loan - does the POC suggest its a account then? I will read your links.

 

What should I do next then - acknowledge on the basis that I will dispute??

 

I have already signed up to the Northampton Website so I will do it that way for speed.

 

Still not sure what to do, I am happy to dispute on the basis that I am complaining about PPI cover and should I then take the whole PPI figure from the o/s amount they claim?? However from other PPI info I have read I could be entitled to more then just the original PPI charge (+8%). So how can I correctly work out what I could get back or doesnt it matter at this stage?

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The Claimants claim relates to outstanding bank accounts maintained by the Defendant with the Claimant as follows:

 

I think that's what gave me the clue

 

I'm going to read the thread again to get an idea of what you could do but I will probably flag this up for a more legal mind than mime to look at

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Anymore advise on this - time is running out for me and I need to do something. Can I just accept the debt in total and try and get an acceptable monthly payment plan in place by the courts (which is what I want) and continue to dispute my PPI charges and hope if I win that they will take that off the o/s debt - however if I accept the full amount am I saying that I accept the PPI charges as well and have no recourse to continue to claim for PPI?? What shall I do?

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A bit late now, I have had to respond running out of time and work issues means I wouldnt of had time to wait longer for replies here. - I have disputed the amount charged for PPI on basis of complaint and reduced what they are claiming accordingly. I have not counterclaimed but my PPi complaint is still being dealt with by Tesco so hopefully it will continue to be looked into.

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  • 2 weeks later...

More advice please - following my defence I have now received an allocation questionnaire to complete - all seems very straightforward - any hints/tips on what to do from this point? I will confirm I want to resolve this matter without a court hearing (as I have always requested) if this IS FINALLY accepted by Tesco do I still get a CCJ against my name or not as I have settled without going to Court. Any help on this is appreciated - need to reply before 1st November. THX

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  • 2 weeks later...

Have sent Allocation Questionnaire back and requested a month stay to try and resolve this with Incasso. I have written to them again asking them to accept my offer and also AGAIN point out this acount is in dispute due to PPI misselling. On that note I have chased Tesco for update on this complaint, but suspect nothing is being done as RBS are waiting on further info from the courts re PPI - if that is the case then surely any court action against me is not going to happen as I dispute the PPI charge plus interest??? Please anyone give me some advice.

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  • 2 weeks later...

SUCCESS!!! Of sorts! Received Judgement order on Saturday - Accepted my offered monthly payment and also based on the lower figure - basically less the PPI plus interest figure - Therefore what do I do know - accept and have a CCJ? Or contest further??? Why did they have to go all the way to CCJ to accept my offer??? I still have a FOS complaint at early stages about all of this, I think I will push for CCJ to be removed on basis that they didnt need to this? Any help greatly received as I havn't received any in ages!

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