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    • Yeah I figured, unlikely I'll need credit anyway mortgage all paid off etc so I'll take that on the chin and learn from the experience. Probably would've beaten that too had I remembered the protocol, first time ever going through the process though sob it wasn't familiar to me  Oh well  
    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Garage problems


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Hello,

 

Some advice needed from fellow CAG members. I'm going to avoid mentioning brands/companies at this stage until I see whats what.

 

We had a major engine issue with our car back in September. Our mechanic who we have used for years gave us some options on what we could do with the engine. I decided that the engine should be fully re-manufactured at a specialist and he would take out/refit the engine.

 

Our garage took out and then refitted the engine. We first had issue with it after the mpg dropped significantly, then it was dumping diesel all over the drive. Our mechanic found that a plate that was part of the engine was missing. He also found that the new head that was fitted to the engine was heavily leaking oil. I emailed the specialist at the start of November to say it was leaking and he said if our garage stripped any part of the engine the warranty would be void. He suggested we drive the car to him so he could look at it. I agreed but when dates we're given it was always inconvenient and now i'm looking at mid February before he will consider looking at it.

 

Its now dumped diesel again all over the drive today, my mechanic has come out and said his work is fine and places it would normally leak are dry. I've emailed him saying I want the car looking at straight away but yet again its been brushed off.

 

Im considering speaking to a solicitor tomorrow but is there anything I can do first? We spent a considerable sum with this firm and i'm wondering what small claims would think of this?

 

Dan

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I take it you have been talking on the telephone, stop that and send a letter by recorded delivery giving him 7 days to look at and correct the faults or you will take it to the dealer and send the bill to him.

You should make the 7 days 'time is of the essence' and say that failure to complete within that time will be a breach of the contract you had with him and further action will be taken.

 

 

What was the cost of the engine rebuild ?

 

 

If you don't want to say on here, can you pm it to me please.

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There are quite a few 'reconditioners' that get a used engine, jet wash it and sell it on as reconditions.

 

 

For £1,500 you can buy a genuine manufacturers reconditioned engine, and for not a lot more, a brand new one. The complete set of brand new parts to rebuild a V8 is only £700 plus crankshaft regrind and rebore which means you would have a better than new engine.

 

 

First off is to write using recorded delivery letter listing the problems and asking if he is willing to rectify them. If he refuses or fobs you off, then you

must start the ball rolling by getting a list of faults and cost to rectify done by another garage on company headed paper and Vat registered. You will have to pay for this but will claim it back.

It will give you demand much more officialdom if you use letter instead of email though electronic mail is classed as an official means.

 

 

You will then write again using RD and enclosing a copy of the faults and cost and ask again if he is willing to rectify saying that if he does not respond or answers in the negative then you will take it to the dealer or rectification and send the bill to him. Failure to refund the cost will lead to further action.

 

 

There seems no other way around this one except court. Don't threaten court if you are not willing to go through with it. The initial cost to you will be around £50 and you start it online - https://www.moneyclaim.gov.uk/web/mcol/welcome

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You say that your mechanic only removed and re-fitted the engine ?. In this case, your argument is with your mechanic. He removed the engine and chose the company who reconditioned it. Therefore, your mechanic is their customer, not you. Tell your mechanic you want him to put the car right, and let him argue with the re conditioners. If it gets ugly, the usual recorded letters will be needed. Incidentally, I used to recondition engines myself, so I hope it wasn't the company I worked for !

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