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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA 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 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   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. DEBT HAS BEEN PASSED TO LOWELLS   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? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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Jaydles

Lancashire Diesel Centre/Heys Lane Car Sales, altered mileage -refuse to refund

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I have bought a used car from a 2nd hand car dealer 30 miles from my house, it was advertised on Auto Trader on Thursday 19th April, I rather stupidly didn't take anyone with me and trusted that he was honest. The next morning I took the car to my local garage who told me that the the clutch needed replacing, the exhaust was starting to go and the front tyre was bald - I realise I should've noticed this at the time.

 

I rang the dealer who told me that the boss wasn't in and someone would call me back, they didn't. Later that day I discovered he had put a staple through the MOT certificate where it showed the mileage, I had bought the car thinking that it had done 76,000 miles the MOT certificate actually stated 87600 last June. I sent him a letter the same day by recorded delivery stating the issues with the car and that I wanted a full refund and return of my part exchanged vehicle he refused to sign for the letter. Since then he told me I would get a refund and someone would collect the car on Mon 23rd, nobody came and he will not answer any of his phone numbers to me.

 

I have given him 7 days as advised by citizens advice to rectify the situation and today decided to drive over, the boss was again nowhere to be seen although I am fairly sure he is the boss and he told me he would ring me back today. I have since discovered from a previous employee that he ceased trading as the company I bought the car from 3 weeks ago and is now trading as something else although he wrote the old company name on my receipt. He has also advertised my part exchanged car on Auto Trader with a mileage of 7600 less than I sold it to him with so he is clearly the one clocking the cars. He has offered to pay £200 towards the replacement of the clutch and a new tyre my question is should I take this as an expensive lesson or refuse the amount offered and hope that trading standards will help me?

 

Thanks

Edited by Jaydles

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please use the edit button in the gray lower bar of the above post and add some blank lines

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Get on to trading standards today, I mean as soon as you have had your first coffee, they treat clocked cars very seriously and will listen. Car clockers get sent to prison not fined.

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I have already reported him via citizens advice as I can't contact trading standards directly, they said trading standards had responded with a no commitment to contact meaning they don't need to speak to me to pursue the issue but I wanted them to help me get my money back. I will ring citizens advice again this morning as I only discovered he has already changed his trading name last night. He sold me the car under a name that had ceased trading 3 weeks ago

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please use the edit button in the gray lower bar of the above post and add some blank lines

 

dx

 

Apologies have made it easier to read now I was rushing to post it before I went to bed in the hope of getting answers quicker.

 

Lisa

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Can you keep us posted on this please. As Conniff says, TS should treat this very seriously. You should be writing to the seller by recorded post to formally reject the car. Once the letter has been posted the car must not be driven. Keep all your paper work safe as TS will need to see it. Normally I would advise to pursue the seller for a refund via the county court but in this case I think TS will want to be involved so you should follow their advice.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I have just paid for a hpi check which came back clear and not showing any discrepancies which when I rang to query this she said it's because they haven't been told of any mileage for the car and without a manual check with VOSA which I could've done for free, they have now recorded the mileage discrepancy.

 

I rang citizens advice again this morning they have said that trading standards won't contact me as they have given a non-commitment to contact so basically I have to sort it out myself. I am sending a recorded delivery letter today to his new business name as advised by citizens advice, the car hasn't been driven as it's not roadworthy. It seems that the official route is on the side of the conman rather than the consumer

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I have just paid for a hpi check which came back clear and not showing any discrepancies which when I rang to query this she said it's because they haven't been told of any mileage for the car and without a manual check with VOSA which I could've done for free, they have now recorded the mileage discrepancy.

 

I rang citizens advice again this morning they have said that trading standards won't contact me as they have given a non-commitment to contact so basically I have to sort it out myself. I am sending a recorded delivery letter today to his new business name as advised by citizens advice, the car hasn't been driven as it's not roadworthy. It seems that the official route is on the side of the conman rather than the consumer

 

No No No! Contact Trading Standards yourself directly before you do anything else.

 

http://www.tradingstandards.gov.uk/advice/index.cfm

 

This is a clocking issue something they SHOULD be interested in as it's a criminal offence to sell a car with false advertised mileage. Does it state anywhere on your invoice that the mileage is not genuine? It's also illegal to sell an un-roadworthy car.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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It didn't say it anywhere on the car until he gave me the receipt where he had written mileage not warranted, although he had intentionally covered up the mileage so he knew it was incorrect. All of the telephone numbers on the trading standards website direct me to the citizens advice number even the local office has the consumer direct number as a contact

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What part of the country are you in?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I am in West Yorkshire he is in Lancashire there is an office number for lancashire trading standards but it diverts to consumer direct and the other number won't speak to me about consumer complaints. I thought they would be more interested to be honest seeing as my part exchanged car is still on his forecourt as evidence that he is doing this if they drag it out much longer he will have sold it on

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Ok Lisa... I have just been on to Citizen's Advice for you and explained your situ. I'm going to PM you the reference details.

 

Apparently the whole consumer advice set up changed April 1st and you have to now be referred by CAB to Trading Standards who will take action from the information you provide CAB. TS do not apparently need to contact you at this stage but that dosn't mean to say that they are not investigating your complaint. I suggest that you get someone to go along to the seller posing as a potential buyer for your old car and attempt to photograph the current mileage.

 

Can you tell us the seller's trading names please and the make, model, year of the car you bought and price paid.

 

I will stick with this one.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

  • Confused 1

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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PM sent. Try and make the call ASAP.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thanks a lot I really appreciate it, I can't reply to your pm but I have contacted them again. The name was Lancashire Diesel Centre, Heys Lane, Great Harwood he changed the name of the business 3 weeks ago to Heys Lane Car Sales at the same address. The car is a 2004 Ford Focus and I paid £1695. Citizens advice are passing the further info on to trading standards and hopefully this might get me somewhere

 

Lisa

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And what car did you trade in? Did you manage to speak to the person I mentioned in the PM?

 

http://www.autotrader.co.uk/dealer/527961/stock/used/cars#advert201216464880428

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Edited by sailor sam

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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No I tried to speak to her but he said he could deal with it. My car is the red ford focus he is selling at £595 it states the mileage is 83,000 when it was actually 90,600 and the engine size is 1.8 not 1.6 as he is advertising

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As I said earlier, it would be interesting to see exactly what the milometer is reading... it could be that there is an error in the advert.

 

Have you sent your letter yet? If not, mention that you are rejecting the car under the SOGA 1979 as being falsely advertised and being not fit for the purpose (i.e. having a bald tyre). No doubt this is the advice you got from CAB.

 

Please keep us posted.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Yes it has been posted by special delivery this afternoon I will let you know the outcome thanks for all your help

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Yes it has been posted by special delivery this afternoon I will let you know the outcome thanks for all your help

 

No probs. Knowing that we may get rid of another rouge car dealer is all the thanks we need! :pray2:

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I have spoken to someone at the garage tonight,

Andy is pretending to be the manager of the site not the owner

although one of the employees told me that it was him I actually spoke to yesterday morning

when he was pretending not to be the owner.

 

He has told me that Andrew Smith (who I think is imaginary) has sold the business and will be taken over next week,

this Andrew Smith owns 5 garages and has sold them all this week

he is moving abroad by the end of the week

 

so I either take the £200 that he is offering or get nothing as there will be nobody for me to take to court.

 

His actual words were

 

"take who to court there is no-one to claim from and you won't win"

 

He is adamantly denying clocking cars and couldn't offer an explanation as to why their were such discrepancies

nor would he give me the contact details or names of the other garages for the elusive Andrew Smith as it wasn't right to give his details out to customers.

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You need to pass this info on to CAB first thing tomorrow under the same reference number. Personally I think he is bluffing. I wouldn't fall for it.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Don't quite get this at the moment.

What was the mileage on the clock on the car when you bought it?

What is the date of the MOT showing the 83000?

What is the mileage showing currently on the clock of the car you part exchanged?

 

This could be a case of a dealer misrepresenting mileage in an ad which is probably why TS will not contact straight away as I expect they are investigating. Not quite as serious as clocking. Expect the usual answer from a dodgy dealer though if there is a discrepancy on the car you bought of there was a fault which needed a cluster change so we fitted a second hand one!

 

TS will investigate all of this and the company changing hands is plausible. Unfortunately you have to take a lot of things at face value at the moment and unless you have the hard evidence it's a bit early to be making serious allegations. The value of the cars involved do not warrant any trader taking the risk of clocking givrn the penalties. TS take action not just against the garage who sold the car but the person who clocked as well so even if a private sale they should look at it.

 

Something does seem a bit odd though. If you could get the info it would pretty much clarify the situation.

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Car was advertised as having done 76k which is what it is now (ish). Mileage on MOT issued last June 87600. Car that OP traded in was 90600 miles, now advertised as having done 83k. I have suggested that the OP tries to arrange for someone to pose as a buyer and take a pic of the mileometer of her old car. Also car was sold with bald tyre apparently.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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He is clearly using scare tactics in trying to make you accept the £200.

 

Keep with it as advice already given above, he will come unstuck, ... the old saying play with fire comes to mind for him!!!

 

Good luck with your case :-)

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Any news Jay?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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