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    • Ok well thanks for the help it is appreciate. It’s Car Cash Point. Will press on with the FOS hopefully can salvage something from the situation. 
    • Hi   Sorry did not notice that. Yes I contacted them.immediately after getting their first letter (sent to wrong address) and they advised to send in proof which I did ( and have done  several times). They advised they do not have payment registered and did say the site may not have paid it to them. Is there anything I can do if I have used an unofficial site? 
    • Thanks.  The car was on lease and the leasing co have already grassed me up, so to speak!   I guess it is probably best to wait and see what POPLA have to say and then decide on strategy,  
    • Hang on with the letter till the experts come on, as bits that identify you as the driver definitely need to be changed and writing at all to Parking Lie might not be a good idea at this stage. PE will have sent their letters (IF they sent them) to the address your vehicle is registered with at the DVLA.  With you moving, that could explain the missing correspondence.  Watch out with the DVLA, if you don't update your details and they find out, it's a grand's fine! Yes, get on to the Holiday Inn area manager, and if they are useless, the CEO.  I reckon they will call their dogs off.   Edit - just reading PE's reply to you.  They are an utter disgrace (not a surprise I know).  They reckon you have broken some imaginary contract with them but refuse to give the details and say you have to contact a powerless third party.  Doubt a judge would be very impressed.
    • The later you leave it the more chance you have of receiving the claimants statement...which you can then use as a guide to refute their main points of claim.Drafting a statement in the absence of the claimants really leaves you in no mans land because you are not aware of their main points of claim on which they will rely on...or which you must refute.   Also as previously advised if they dont pay the hearing fee on time and they dont file or serve a statement on you....its a good indication that they do not intend to proceed so all your work has been in vain.   However it is good to be prepared and have a basic statement in case they do pay and do file at the death..leaving you little time to respond and counter.I think a mixture of the two you have already prepared would be the way forward however your point 1 with regards to hearsay evidence wont come into play until you actually receive their statement and if in fact they are relying on hearsay evidence..   Just for information Moriarty do not attend hearings they litigate using and relying on CPR 27.9   Non-attendance of parties at a final hearing 27.9 (1) If a party who does not attend a final hearing– (a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend; (b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and (c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above, the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim. (2) If a claimant does not – (a) attend the hearing; and (b) give the notice referred to in paragraph (1), the court may strike out(GL) the claim. So and if you do receive their statement it must include notice as per above.(CPR 27.9(1) Andy
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ynwa88

Car stuck in garage

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hey every one im new on here i was looking at how i could receive some help in gettin my car and money back from a local garage this is the full story ....

 

I took my car to him in.august 2012

i needed a clutch and gear box he was adamant and sure it would cost 300 for the parts and the labour costs so i paid him the 300 with out recieiving a receipt few month later he never updates me.on car i have to ring him constantly i lost my temper

i had a go at him.he didnt like it i told him.i want my money back he said what money etc any way we resolved that part he want extra 140 this was in december 2012 last month so i.gave him that he said my car would ve ready within 3 days still not ready once again he didnt provide me with receipts said he would after the works done now still.

 

to this day i ant got my car back now ita jan 15th 2013 my car tax run.out on 31st december aswell.

i ring him every day he always makes excuses up says i.got a attitude problem but who.wouldnt after waiting 5 months for there car i was wondering if any one could help me in gettin my car back plus my money so i can take it elsewhere please

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Hello and welcome to CAG.

 

You've posted in a forum that's about the CAG site itself, so I'll move your thread to the garage services forum and hope the guys will be able to help you. I'll leave a short term redirect here for you.

 

My best, HB


Illegitimi non carborundum

 

 

 

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so you gave him £300 cash and got no receipt which he later didn't admit to having. So when he told you he wanted another £140 you gave him this without insisting he gave you a receipt acknowledging the full £440?

 

not sure where you will go with progressing this one.

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Yeah i told him i wanted receipts he said he will give me it after i pay him.the 140 and give me a receipt for the full 440 on the day my will be ready he said it will be ready the same week now its been more then a month again

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He knows full well hes had the money i have plenty.of witnesses to say i.paid it but no receipt i.even.recorded him on.the phone being abusive.and saying stuff about my car saying am a little **** etc i want to do somethimg about it.now

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Keep the recordings. Also get any evidence you have of having withdraw those amounts from a bank account or elsewhere.

I am assuming that the car and money is worth less than £5000

Send him an LBA telling him that you will sue in in 7 days of the car is not available to you - repaired as agreed.

Then sue.

Don't make the threat if you won't do it.

Don't accept any promises or delays.

 

Your action will be for

Conversion

Breach of contract

 

Your chances of success are excellent


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The cars worth just over 1000 and hes been paid 440 what is a lba i rang him yesterday didnt go very well i.told him its been 5 months i want my car i.got a new job hes like i.got a attitude problem but i didnt say nothing wrong hes just taking the **** because im a young lad but hes had enough time and i want to take action now so can you help please whats a lba ill take every actipn possible to get my money bac he keeps making excuses saying hes got wrong gearbox etc but i gave him engine code gearbox code everything so.he gets right one hes just playing games i think

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He even said he will buy the car for 600 thats just not on basically valued car at 160 pounds becaused i paid him 440 for repair work and i had 4 n half month tax left on car thats ran out now to

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You must either buy a new tax disc or sorn the car or you will get a fine from the DVLA. You must also have insurance at all times as well.

 

An lba is a 'Letter Before Action' that is action in the law court to get your car back.

 

If you want help with the letter, just say so.

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Dvla sent me a letter i am going to sorn it i cancelled my insurance after a month of it being there and yeah can you help me please with a letter will be much appreciated and thanks every one else aswell whos helped so far

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Hi looking as requested, I'll read through the thread and draft a letter for you.


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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Dvla sent me a letter i am going to sorn it i cancelled my insurance after a month of it being there and yeah can you help me please with a letter will be much appreciated and thanks every one else aswell whos helped so far

 

Please be aware that you should have done a SORN on the vehicle when you cancelled the insurance. As far as they are concerned you had an uninsured vehicle on the road. Pray and hope that they do not pick up on this.

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Some points before I draft a letter for you.

 

1. Is this a Ltd company or a sole trader.?

2.The £300 .00 upfront payment, was this cash, do you have a record of withdrawing this from a bank or building society account.?

3. Have you sent a SORN?

4. Are you prepared to take this further? As the letter will be ''a letter before Action'' giving the garage a limited time to respond.


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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Yeah i get what you mean but i have not driven it i have plenty of witnesses plus if it come down to it id tell them were it is and i cant drive it with out gearbox and clutch i understand what you mean though

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Its a company im sure of they sent me a leaflet through the post thats when i rang them back in august both payments were made in cash by my dad he will have the withdrawals on his statements im going to sort the sorn out today only reason.i have waited is because he keeps telling a date my car will be ready but the promises are compulsive lies and yes i am 100% commited to get to the bottom of this either have my car repaired as promised or my money back

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One serious point you must SORN this vehicle asap there are penalties for no compliance.


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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Yeah im going to phone the dvla in a minute about sorn in the car

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I have just declared it sorn there was no hiccups said ill get confirmation letter within 4 weeks

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ynwa88 Please can you confirm that the garage your car is in is the one at this address ?

 

Grimsby Car Centre

 

3 Charlton Street

Grimsby

South Humberside

DN31 1SQ

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Im positive it is that address thats phone number only links to that address and thats the name of the company to so.yeah must be that address

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This one?

 

[ATTACH=CONFIG]40689[/ATTACH]

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Ok.

 

Letter Before Action.

 

For The Personal Attention of

The Managing Director/Proprietor/ or Managing Partner of

XXXXX Garage.

 

 

Ref: Vehicle Registration Number xxxx xxxx.

 

 

Sir/Madam.

 

The situation regarding the conduct of your company is now causing me considerable distress, you have been in possession of my vehicle sinc xx xx xxxx and have failed to carry out works specified and paid for in advance, it is noted that you have denied taking a payment of £300.00 in payment for said works, this denial is refuted and will form part of litigation should you fail to remedy my complaints.

 

The company in the person of Mr. XXXXXXXX has also received further payments of £xx .xx on xx xx xxxx and you have still failed to complete the works therefore you must remedy this matter by the following action within 10 Calendar Days by some or all of the following actions.

 

1. Complete all outstanding works on the vehicle without further costs to me and return it in FULL Road Worthy Order. OR.

2. Return the vehicle to me at your cost and refund ALL payments made in full with no deductions.

 

Failure to remedy this matter as set out above WILL result in a County Court Claim being raised for the full sum already paid plus all costs involved in the recovery of my vehicle. I may also seek redress for being denied access to and the use of my vehicle for a prolonged period.

 

Action in another court may ensue in regard to the £ 300.00 payment that the company has denied receiving.

 

Send this recorded delivery to the garage address if it is a Limited Company, also to their company secretary at their registered office.

 

Check the delivery date on the RM system.


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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