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    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and 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. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
    • hey look back in your other threads been helping you for years...   you have a claimform from northants bulk court yes? you need help with that which why you came here. if you pop up the details we need  we can help you buff this away. nothing pers wanted if you read the link.      
    • Should I just remove it or mention the database screenshot?
    • what is that ?   NO chance am I filling out any of these forms are you cabot or what    well this site is absolutely rubbish these days then.   I have been sent a fake county court claim by CABOT so they can try to catch me out on an older debt what use is it for me to fill in forms like that  I cannot understand them in any case     
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Ill keep this short and sweet guys..

 

 

purchased a BMW 325D from a trader.

 

 

4 weeks later discover puncture and two cracked rear alloys..

 

 

happened at Carlisle on the way home from Scotland to Wales late afternoon.

 

 

Kwick fit repared and replaced.

 

 

disputes with trader throught MCOL and mediation happened last Thursday morning.

 

 

Ive been told because I didn't offer the trader a chance to rectify the problem the judge may award against me, it wont fo in my favour.

 

 

My issues were - I was stranded, granted I could have called him but I panicked and wanted to get home! Also when I notifed him onf the situation the next day he emailed me back basically saying im not covered under warrenty!

 

 

 

 

should I take this to court? I feel like ive lost me claim of circa £1800 now after mediation call.

 

 

any advise would be apprected

 

 

THanks

 

 

Lee

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Hi leed

 

Welcome to CAG

 

Have a read of the following:- http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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There is no legal requirement to give a trader an opportunity to address a problem. On the other hand it is good practice and also there is a pre-action protocol which generally requires 14 days warning of action to give a chance for the matter to be settled.

If you can convince a judge that you were stuck if you didn't put the work in hand immediately, then I don't think that the judge will hold it against you.

In any event, the consequences of not following protocol would normally be that your costs - if any might be refused or that a claim for interest could be refused or reduced.

If the judge feels that it wasn't so urgent, then if the trader produced evidence to show that you paid over the odds for the work or that you incurred other non-reasonable expenses, then it is likely that the judge would award you the lower sum.

 

Of course, this assumes that you will win and that the trader will not mount a successful argument that the cracks were caused by some ill-treatment by you of the car.


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Hi leedennisellis

 

How did you pay for the car?

 

Did Kwik-Fit provide a report?


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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After 4 weeks cracked alloys maybe the result of kerbing.

It will be very hard to prove that the defects were present at point of sale.

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Hi leedennisellis

 

How did you pay for the car?

 

Did Kwik-Fit provide a report?

 

 

Hi Rebel!

 

 

I got finance on the car through the dealer Motonovo.

 

 

The guys at the carlise branch both verbally confirmed that there is no way I could have caused these cracks in 4 weeks and cover 777miles, the cracks look old on the alloys... Kwick fit wouldn't put anything in writing for obvious reasons!

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Thanks for your reply..

 

 

how sure are you on your statement about not having to offer the car company the chance to rectify under the sales of goods act?

 

 

the mediator seemed quite sure about it...

 

 

 

 

thank you again.

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Thanks for posting this document, ill have a read through it and look for the relevant parts...

 

 

 

 

cheers,

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I'm a little concerned here with what quick fit said ...

 

To my knowledge. Cracked alloys have to be welded ? And repaired by specialists.

I did not think quick fit did this ? In my area they don't. Tbh they have trouble fitting an exhaust without any leaks !

 

Can you list out what the costs are ? I am wondering if quick fit see you coming, being that you were up the creak without a paddle so to speak.

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Hi...

 

I've researched this whole issue..

 

It's a common fault with the larger BMW alloys... BMW have not admitted liability but will offer a refund pro rata based on mileage when they test the alloy for excessive damage.

 

You should never repair alloy wheels, it's a soft metal. I would never risk it anyway especially with run flat tyres..

 

They charged me £600 per alloy, 19" double spoke alloys they are! :(

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I see. So you replaced the alloys direct from bmw ?

 

What part did quick fit play ?

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