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    • Topic moved to Financial legal Issues forum in view of the claim form. Topic title updated Please continue to post here, Andy   .
    • Hi, Purchased a car from Arnold Clark, Nottingham branch, on 5th April this year. Car was located in a different branch of Arnold Clark (Glasgow I believe) so was purchased on the standard proviso that it would be checked over by them etc.  Collected the car on 12th April, when I inspected it prior to handover it was noted that there was a ding/paint chip on the driver's door, a mark on the roof and damage to the screen of the infotainment (radio) where there was a chunk taken out of the touch screen. At the time I was told by the staff member who did the handover all these would be fixed as I had pointed them out to him, I even sent follow up photos of the damage a few days after. I drove the car away, signed the paper work etc. After some delays on their part the paint work was eventually booked in and fixed last Friday. The roof is still apparently being looked into (it's a standard wrap that appears to be a common issue with the car). The major issue here is the damage and chunk out of the touch screen infotainment system. This forms a major part of the car as you can change settings etc. in there. Arnold Clark are now advising me, after having a few people, including a manager there look at it, that they won't fix this, despite advising that they would during the handover. I have raised this with their internal complaints team but am receiving the same response. The general manager of the branch, who already had a very aggressive/blase attitude, which has been downright rude at points to this whole thing, treating it like's a trivial little mark. All this has left me with a very sour taste in my mouth and I'm now at a loss as to how to proceed and get this work repaired by them. Do I go to the Motor Ombudsman/finance company or? Thanks in advance for any advice you can give
    • You'll need to acknowledge service pretty sharpish then. I'm sure dx will pop up once you've filled in the template with the next steps.
    • It's possible, either way the OP's level of worry is far far higher, than any consequences.
    • Hi lolerz thanks for your reply. I'll fill this in when I get home. Just to let you know the 25/05/24 is incorrect I received the county court letter on fri 17/05/24
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      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.

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HFO Claimform - old welcome loan from 2004 - **DISCONTINUED**


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Well guess what i got a letter from T&R yesterday !!!!!!!!!!!!!!!!

 

cant scan at the mo printer down..........

 

.letter headed ...

 

... WITHOUT PREJUDICE SAVE COSTS

 

Dear GLORYHUNTER

 

We write with reference to the above matter.

 

Please note we have moved to a new address and our contact details are listed above.

 

We wish to inform you that our client is willing to accept £xxxxxx in full and final settlement of their claim against you

on condition the ammount is either paid in full or an agreement reached as to a reasonable payment arrangment on or befor the 29th march 2012.

 

In the spirit of settlement we believe a 50% reduction on the balance assigned from WELCOME FINANCIAL SERVICES

to our client on the 2nd August 2007 provides a generous opportunity for you to conclude this matter without the parties having to incur futher unnecessary costs.

 

Please note our client reserves the right to produce a copy of this letter to the court in requesting costs if they are successful at trail.

 

Our client is optimistic that settlement can be reached and is willing to consider any counter offers we look forward to your responce within the time frame specified above.

 

1.......

the total ammount has gone up by more than £1k2.....

... IS THIS NOT NOW S/B3.......

..IS THIS CLAIM NOW STAYED4......

.. THEY ARE SYING THE BLNCE IS NOW £9.5K5....

.....THEY WANT ME TO PAY £2.5K ....50% ?

 

So my friends i shall send copy of said letter to OFT to add to my WS,

and without doubt i will not be paying them 1 penny or even answer they letter fecking muppets.

 

WILL TRY AND FIX THE PRINTER/SCANNER

 

Regards GH

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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Morning CD, i trust you are well :) think i will ignor yet another begging letter from HFO lets see if they bring it back from the dead . What made me chuckle was they have added another £1k on ,did'nt think they could do that ? trying to sort the fecking printer out GH

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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Statute Barred a definition:

A debt becomes statute barred

under the Limitations Act 1980

if there has been no ''regular''

contact between the creditor and

debtor in six years, sending the

debtor letters chasing payment or

sending statements is not cosidered

to be regular contact.

Also a debt becomes SB IF no payment

or written acknowledgment has been made

by the debtor in 6 years, any payment or

acknowledgment at any time in the six years

restarts the clock.

Requests for information such as CCA requests

and SARs do not affect the 6 year clock.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Morning Brig so therefor it is statue barred then like CD said unless the start again they are chancing there arm (well am not going to bite) :)

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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I believe that by taking the court action the SB process is stopped. The case is only 'stayed' which means that they can restart it and SB will not count. Whether they will try this, I do not know as you have a strong defence. Others can advise on possibly getting this 'struck out' or them to 'discontinue'. I suspect that in their current state - this letter is an attempt to obtain some 'funds' so they are chancing it!

Please support CAG and they will support you.

donate

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Definately report that to the Solicitors Regulatory Authority, it is a blatant attempt to extort funds they are not legally entitled to. - 50% reduction would point to them grasping at straws.

 

Point out to the SRA this is 'stayed' by the court and the firm are abusing court processes by trying to come to an arrangement - the SAVE FOR COSTS bit gives you a masive clue as to the fact they are now attempting to 'split the claim' which again is not on.

 

Make sure you add this to the costs list you are preparing - I would estimate 4 hours research, paper cost, stamps, ink etc

 

Silly whatsits need closing down completely and ALL court cases pulled and clients given restitutionary compensation for being misled by a legal firm.

 

I wonder how may people are paying up without checking that they are legally entitled to do so, believeing the 'moral' claims these companies love to perpetuate.

 

Morally this kind of debt chasing should be abolished by law.

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No, court action does not stop SB status, the SB status runs from the date of the last payment to the creditor and if a court action is brought close to SB date it does NOT stop the clock ticking. I had this verbally confirmed by a legal friend during the week.

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No, court action does not stop SB status, the SB status runs from the date of the last payment to the creditor and if a court action is brought close to SB date it does NOT stop the clock ticking. I had this verbally confirmed by a legal friend during the week.

 

That is very interesting SG!

Please support CAG and they will support you.

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Apparently many 'solicitors for rent' firms believe that by taking court action the clock starts ticking again from the date they issue a claim. I am trying to get this person to join CAG and add their knowledge here - they are now retired from the legal circuit so there shouldn't be a 'professional interest breach' by them doing so.

 

Mostly they dealt with criminal law but in the last couple of years they did consumer and contract law.

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Hi Sillygirl forgive me what is a "spit claim" do you think i should try to get in 1st and get the claim stck out ? thought i had finshed it with the muppets. This is now 100% SB and the default has gone from my credit report ! Regards GH

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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This is certainly accurate nothing can change thè definition

of statute barred, as long as any correspondence even to

the court has the disclaimer I do not acknowledge any debt etc.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Well guess what i got a letter from T&R yesterday !!!!!!!!!!!!!!!!

 

cant scan at the mo printer down..........

 

.letter headed ...

 

... WITHOUT PREJUDICE SAVE COSTS

 

Dear GLORYHUNTER

 

We write with reference to the above matter.

 

Please note we have moved to a new address and our contact details are listed above.

 

We wish to inform you that our client is willing to accept £xxxxxx in full and final settlement of their claim against you

on condition the ammount is either paid in full or an agreement reached as to a reasonable payment arrangment on or befor the 29th march 2012.

 

In the spirit of settlement we believe a 50% reduction on the balance assigned from WELCOME FINANCIAL SERVICES

to our client on the 2nd August 2007 provides a generous opportunity for you to conclude this matter without the parties having to incur futher unnecessary costs.

 

Please note our client reserves the right to produce a copy of this letter to the court in requesting costs if they are successful at trail.

 

Our client is optimistic that settlement can be reached and is willing to consider any counter offers we look forward to your responce within the time frame specified above.

 

1.......

the total ammount has gone up by more than £1k2.....

... IS THIS NOT NOW S/B3.......

..IS THIS CLAIM NOW STAYED4......

.. THEY ARE SYING THE BLNCE IS NOW £9.5K5....

.....THEY WANT ME TO PAY £2.5K ....50% ?

 

So my friends i shall send copy of said letter to OFT to add to my WS,

and without doubt i will not be paying them 1 penny or even answer they letter fecking muppets.

 

WILL TRY AND FIX THE PRINTER/SCANNER

 

Regards GH

 

they are offering a discount

 

99% pointer they KNOW they'll never win in court

 

ignore them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A split claim is where the company goes for costs (usually inflated) and then goes back for the 'rest'. In this case they seem to have been stumped at the first stage so their 'save as to costs' clearly shows their intention to abuse and misuse their powers in debt collecting.

 

I would counter claim stating that they have continually obstructed and misled the court, wasted your time as well and your costs (at £19.25 per hour now) are attached as an indication of the level of work you have had to do in checking their information is accurate, checking your limited legal resources and generally researching the ins and outs of their frivolous, vexatious and litigatious claim.

 

You could also print out any information from Experian/Equifax/Callcredit and counter the amounts they are claiming stating that prior to their alleged involvement you would have been more than happy to pay the 'correct' amount of the debt to the original creditor, should they be able to prove it is legally owed.

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  • 5 weeks later...

Yet another letter from T&R arrived today............................. A DISCONTINUANCE LETTER yipeeeeeeeeeeeeeeeeee of my back at last !!!!!!!!!!!!!!!!!!!!!!!! Just want to say a massive thank you to all the caggers that helped me, CD most of all for her defence, DX,DOH,DONKEY the list is long THANK YOU SO MUCH, without CAG i would more than likely be paying our friends more than £8.5k. (THAT I NEVER OWED) Thanks again guys. One very,very happy GH. :) :) :)

Sorry forgot about BA thanks buddy

Sh*t and BRIG lol sorry :(

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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