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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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DeBilde

BW Legal/Lowell Filed Witness Statement and Documents 2 days before hearing

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List of events

 

Received claim from Northampton CC

 

Acknowledged service

 

Sent CCA request to Lowell and CPR 31/14 to BW Legal

 

Reminder sent to both after 14 days

 

Embarrassed defence submitted as could not reply to particulars without agreement, DN and NOA.

 

Directions sent out for witness statements no later than 14 days before hearing

 

I filed my witness statement to court with 15 days to go

 

2 days before the hearing I now get claimant witness statement with copy of agreement and NOA attached but no DN

 

What can I do from here?

 

I am surely prejudiced by this as I am unable to defend it now,

plus also the directions stated if docs and statement were not filed outside of 14 days then they would be disregarded.

 

Also the agreement looks very dodgy and looks reconstituted,

it was taken out in May 2006 so it must be the original surely?

 

 

Plus also some particulars are missing from it such as their signature and also a credit limit?

 

How do I proceed from here as the hearing is this Wednesday.

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embarrassed defences went out the windows long ago for these types of cases

 

 

if the CCA is a recon and thus does not have YOUR sig on it

they are on very dodgy ground.

 

 

dx

.......


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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It does have my signature on but that and the rest of my personal details have been lifted from the application form and pasted on to it, you can tell as certain info is on the agreement that is only needed on the application form phone number etc...

 

I am more concerned that they provided the WS with only 2 days to the trial, so I am unable to defend on the strength of their argument

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someone will pop in later

 

 

I really do hope they've not falsified that CCA return.........

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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you can scan it up if you wish?

 

 

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

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ENSURE: To leave all Monetary Figures and Dates.

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DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

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1. SCAN YOUR DOCUMENT

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- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

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- Don't forget you can use a mobile phone or a digital camera too!!

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- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

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- IPHONE ONLY: Take a picture and Convert to PDF via an APP

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2. HOW TO EDIT (Remove Personal Information)

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- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

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OR Go to one of the many free online pdf converter websites:

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- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

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PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

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- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

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- For Example: Default Notice DDicon-MM-YYYY.

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

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5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

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- In your Thread/Post open a new msg box here.

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- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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" I am more concerned that they provided the WS with only 2 days to the trial, so I am unable to defend on the strength of their argument "

 

Then you must object at trial and state that it is inadmissible...the claimant has failed to comply with the directions and that sanctions should be imposed pursuent to CPR r.3.4(2)© and CPR r.1.1(2)(f) .Should the Court disagree and allow its submission you must state that you have not had chance to consider it in detail and are therefore disadvantaged/ambushed at the last day.

 

They cant rely on a recon it must be the original.

 

Regards

 

Andy


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Thanks for the advice, I shall do this at my hearing, Hopefully the judge will listen.

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Judge listened to my case and agreed I was disadvantaged to defend my claim and has granted me 28 days to submit a defence and new WS.

 

This was exactly what I wanted, it surprise me however that she also awarded me costs.

 

Thanks for the advice, I need to get my defence straight now.

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This is great news both the extra time and the costs :)


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:-)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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ok so lets see the agreement please

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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OK, I will get it up this week. So you can all comment on.

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