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    • Beware using the word "mitigating". That is only if you're admitting it and asking them to be lenient because x,y,z or whatever.   You are not admitting it so there can't be anything to mitigate something you didn't do.
    • 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    
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Hi

 

I bought a 2nd hand car from a dealer on 5th October,

 

I asked for his best price as I didn't have p/ex and had cash,

 

after some pushing he dropped the price by £195.

 

I did a test drive, went back to his office paid him the cash and collected the paperwork.

 

I drove to a fuel station no more than 500 yds away, put in some fuel, but it wouldn't start.

 

I telephoned the dealer, who came out with a jump box, but even I knew the battery wasn't flat because the dash lights, windows etc. were still working,

I told him I wasn't happy with the car now, but he said the deal was done.

He recovered the car to get it repaired, and said it was a loose wire.

 

I went back on 7th Oct, picked up the car and had to return again because the front of the stereo was missing.

 

When I got home I put the face on the radio, but nothing happened and

 

on investigation found that the unit wasn't wired in,

there weren't even the leads to connect it!

 

I bought new iso leads but no joy,

 

took it and had it tested and the output had blown so the unit was useless.

 

On 14th Oct the car went dead again and wouldn't start,

 

I called the dealer and he said he couldn't do anything about it now, as I had had the car for a week.

 

I called out RAC who said it needed a new starter motor.

 

I again contacted the dealer who said if I took it back he would get his garage to have a look at it,

also if I called round to his office he had another stereo I could have, (luckily my brother had lent me his spare)

and the garage would need the car 2 days.

 

I called the garage direct, and they seemed aware the starter had gone,

I arranged to take it for the repair at the dealers expense.

 

While the repair was being done I went for a walk and

 

on my return the car was finished,

but when I got in my car the dealer had been to it,

taken out the stereo my brother had lent me and left it on the seat (a £200 unit)

and put another in its place that still didn't work because he hadn't wired it in properly.

 

To top things off I got 1/2 a mile along the road and the engine management light came on,

 

I had to return to the garage to sort that as well.

 

Do I have to accept what the dealer has done, or can I get a refund,

I think there may be other problems that I haven't found yet.

 

Any advice welcome.

T

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Soga. Covers you 100%.

 

As for ' the deal is done' I wonder what trading standards would say if they knew he said that.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Give him a letter stating that you are rejecting the car under S14 of the Sale of Goods Act 1979 as the car is not of satisfactory quality in that it is not free from minor defects. List the defects, demand a full refund and let him know where the car can be collected from (you are not obliged to return faulty goods under SOGA). But this bit is crucial - stop using the car!. Make sure you put this in writing and hand deliver it (or recorded delivery). You have not lost the right to reject after such a short time, and also not because he has done some repairs.Next time pay at least £100 on your credit card - even if you have the cash. That way the credit card company would be liable too.

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