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    • pop up on the MCOL website detailed on the claimform. .  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.  click thru to the end  confirm and exit MCOL.  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] 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]   ……………...   lots of vcs berekeley claimform threads here use our search top right.   get reading up.    
    • Yes, The Motor Ombudsman. To be honest, I don't know a huge amount about how exactly they operate. It was just the route I was recommended. I've been in touch with one of their board of directors to get more answers about my case, and it was exactly what I'd feared, so am trying to investigate as much as possible myself to find out exactly who can be held financially accountable to either provide them with those details and/or know who to take to court.   Whole story is quite long, but essentially I purchased the vehicle back in January 2018. Within a week faults became apparent - faults that they knew about but said it was just a 'dash light malfunction' and it would be fixed before they handed it over.   Took it back to them to fix once I realised I couldn't drive it in that condition. They had it for a week or two despite calling me a couple times to say it was ready to pick up. Finally got it back and had the same gearbox issues but even worse. Took the car to another garage who estimated damages to be £2500+, so took the car back and requested refund. That kicked off the whole process and of course they denied refund saying I should go through their 'warranty program', which wouldn't cover it all anyways.    I then took it to TMO, who then decided I needed to get another opinion so we went straight to a VW specialist as the car was VW - they estimated min £3000. Resubmitted that to TMO and it's been ongoing.    Received a final decision on 01 Feb 2019 in my favour granting full refund, but I have had no contact or update since then, despite attempting to call and email numerous times.   I've brought my case to the attention of two MPs, however imagine they are extremely busy at the moment given the current climate.   I have then called Citizen's Advice to find out what further steps I can take, and they've recommended small claims court.   I wanted to get all the information from TMO first before I consider/start going down this route so I've reached out via LinkedIn to some of the board of directors for TMO which has been successful and I've actually received an update, although it's what I feared and expected. That said, he assured me they would be meeting about it today to investigate further who can be held accountable/whether they're still trading, etc. I can't trust a speedy investigation given it's been 28 months already so I'm now trying to look into it to find more information.   I gather the parent and registered company is under Crown Motors Direct Limited, which might be owned by Ahmed Al-Waheeb and/or Nadjeem Kheloufi. They do still look to be actively trading locally under Chobham Central Garage. I've been in touch enquiring about a car and asked for Nadjeem, who they said I must mean 'Nathan'.    On companycheck it reckons the below, this is the company linked to director Ahmed Al-Waheeb. Not sure how reliable that information is.   Another interesting link is https://beta.companieshouse.gov.uk/company/09967993/filing-history - confirmation statement was made on 31 Jan 2020, and 17 Jan director Ahmed changed his DOB and address.
    • Getting to the point of my post, I took an Egg loan for £4000 in February 2001, paid it for 7 months before becoming unemployed and defaulting on the loan. Much happened at this time and I ended up moving a lot as well as being technically homeless.   I finally got settled and entered into an IVA with Eversheds for £5.00 per month in June 2005 and have since been making payments.   My issue is that having paid over £2,900 the balance is still in the region of £3,147.86!   I DSAR'd Egg back in 2011 and have the information in the attached PDF. According, to their own information they defaulted me 29/04/02 when the balance was £3,697.39 and marked non-acrr. The balance remained the same, or at least no changes shown until 20/11/02 when a £60 "Waive Fee" and £226.04 "Bad Debt Charge Off" fee increasing the balance to £3,983.43   Next change is when the loan account is sold to Arrow and the balance becomes £4,859.43!   Opinions and advice very welcome!   PDF Doc via Google Drive https://drive.google.com/file/d/1b39Rq3YZm7CdXDl8p_tITqf5aR5fckVp/view?usp=sharing        
    • agreed, you need a wills and probate experienced lawyer, don't try and do it using a self serve will kit, they're not much use at all.
    • When you say TMO, I suppose that you are referring to The Motoring Ombudsman. I don't know very much about them and I don't know whether their decisions can be enforced directly in the County Court. I will have a look. Meanwhile, please can you tell us the whole story of what has happened and the value of this problem. Even with small claims – you can win but you can still have difficulty enforcing the judgement and that could well be the case here. Do they have a premises? Do they have vehicles there? I'm asking this question is because I'm trying to find out if they have assets against which a judgement could be enforced – and I mean assets which wouldn't simply disappear
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pstringy76

debt from germany being chased up in England

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i have received a letter from interum justitia saying that i owe just short of 4000euros to citibank in germany...... now i did have a loan off citibank whist i was living in germany but i fully repaid this this via direct debit and finished paying this loan off around 14 years ago......... i have told the debt collection company this and they say they are getting some paperwork from citibank to pass on to me...... i have emailed my old bank in germany who say they only keep account info for 10 years so i cant prove that i have paid......any advice what i can do?

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I would think it might be worth looking what their statute of limitations is. 14 years ago ?

 

It would have been well statute barred in this country.


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Germany

 

  • The standard limitation period is 3 years. It applies to all claims in contract and in tort if not otherwise provided in statutory law or case law.
  • 10 years for claims for the transfer of the ownership of land and the creation, transfer or cancellation of a right to a plot of land.
  • 30 years for claims for return of property duly owned.

The limitation period starts running from the end of the year in which both:

 

  • The claim arose.
  • The claimant obtained knowledge of the circumstances giving rise to the claim and the identity of the defendant.


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So even if you left a debt behind, it should have been subject to limitations law many years ago and could not be enforced now.

 

If I were you I would write back saying that you deny that there is any debt. The only debt you had in Germany was paid off more than 10 years ago and even if there was a debt, it would be subject to statute of limitations law of Germany. Suggest to them that they have been sold a debt that does not exist or is not enforceable and you do not wish to be contacted again.


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So even if you left a debt behind, it should have been subject to limitations law many years ago and could not be enforced now.

 

If I were you I would write back saying that you deny that there is any debt. The only debt you had in Germany was paid off more than 10 years ago and even if there was a debt, it would be subject to statute of limitations law of Germany. Suggest to them that they have been sold a debt that does not exist or is not enforceable and you do not wish to be contacted again.

 

broadly this – except I would give them less information and I wouldn't tell them about any debt in Germany. A simple denial and asked them for evidence or else you don't want to be contacted again and that you will complain if they do


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cheers guys....... i will get a letter sent to them asap and see what they have to say....... it just really annoys me as i know i left germany with no debts........ i was still in germany for a further 2 years after paying off my loan so i have no idea where this has come from....

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