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    • Another update - just had another round of Text messages, Emails and letters. Physical  letters still going to the old address (forwarded by royal mail). All messages were exactly the same as the previous round with threats of CCj's, Attachment of Earnings, Warrant of Execution, Bankruptcy and Charging Order. Seems to be a 2 week pattern of 1 week letter, following week email - texts seem to be a bit more randon, but always over 10 days between each one.  Not sure if IDR are working diligently behind the scenes to recover monies from me,  or are just spamming me in the hope that i stick my head above the parapet
    • Here's the Claim Form (edited for personal details) and  Defence PDF (edited for personal information). 
    • Should the amount be the figure in the particular or the final amount with fees added
    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1PAPDC. 2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. 3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.  7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief Should the amount be the figure in the particulars or the final figure with the added fees
    • post it up here first for checking please dx  
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    • We have finally managed to obtain the transcript of this case.

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Mobile Mechanic - have Judgment, what next?


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After a recent clutch failure I engaged the services of a local Mobile Mechanic. The guy seemed reasonable on the phone, came round, inspected the vehicle and left a quotation. Whilst not excessively cheaper it did save the recovery costs so I gave him the go ahead. He had quoted for 4 hours labour and it was agreed that I would leave a cheque for him.

 

On the day in question I went to work and expecting to hear from him on completion around lunchtime was dismayed to arrive home to find a pile of parts in the front footwell of the car and no completed repair. Needless to say the cheque had gone. I phoned him to be told that he had been supplied the wrong part and he would be back the next day.

He was and was there the whole day....at the end of it he said job was done, new clutch master cylinder fitted. But the brake lights no longer fitted, reservoir cap was not in place, steering column was 90 degrees out and there was brake fluid all over the engine.

I voiced my disatisfaction. The cap was found and refitted, the brake light switch readjusted and the steering colum was realighmed by whipping off the steering wheel, including airbags. When all was restored I was now left with an airbag warning light. That night I checked my account and the cheque had already cleared.

 

Ipointed this out and he undertook to return the next day to reset it. The next day he did not and the clutch also failed again... he came back on the Friday rebled the clutch but could not reset the airbag. He disappeared and has not been back despite a number of letters.

 

I subsequently had the ECU tested and it was blown. To sort it out was quoted at just under £200 which I requested in a letter from him/or that he make good the damages. All correspondence was either returned or ignored.

 

I have since applied on-line for a small claims judgement. This was lodged with MCOL and the site now says that a default judgement has been issued.

 

Will I receive this judgement in the post, what do I do with it. It seems that if I want it enforced it will cost another £100 with no guarantee that the money will be received and half will be lost in enforcing it......

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There is no guarantee you will get anything out of this.

 

One option would be county court bailiffs. As you paid by cheque, you should be able to work out who this guy banks with and could perhaps enforce against his bank account with a third party debt order - see http://www.moneyclaimsuk.co.uk/PDFForms/EX325.pdf

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