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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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JoeyJoeC

Threatened with a CCJ if I don't refund someone.

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Hi,

 

Last year I was working on an electronics project for a car, which I posted on a forum many

and people got excited about and wanted to buy for their cars.

In the end, I decided to raise money to bring the costs down so I can buy the components in bulk.

 

I sold 4 pre-orders for £65 each which was literally the cost for 1 unit per person.

The total was £360 that was raised (Someone donated an extra £100 but made it clear he didn't want it back,

although my intention was to refund him at some point).

I spent over £500 in total for the parts since everything had to bought in bulk.

 

Problems began when a vital part turned out very hard to get, only 1 person on their own makes this part

and they didn't provide any support for it. Along with some other issues.

 

The project went on hold for a long time, and now I'm selling my old car to pay everyone back,

my car still hasn't sold, despite dropping the price heavily, just seems no one wants to buy it.

 

I had an email from one of the people demanding to pay him back this week or he will start a CCJ.

Problem is, I have £30 to my name which is borrowed money.

 

 

Can I send him all the parts that value up to the £65 that he has paid for?

I literally can't borrow money from anyone at this point.

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You can certainly send in those parts if he agrees to accept them in lieu of the payment.

 

You need to make the offer in writing and get him to accept in writing – not because this makes it a better contract but simply because it gives you evidence that the debt has been satisfied.

 

If he refuses to accept your offer then he is fully entitled to sue you and you will end up owing him the judgement debt plus the cost of the claim.

 

His chances of success against you are about 100%


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As I thought. What if he only has my Email address as a contact? (Still intend to pay back, but need to wait till 25th).

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Make an offer to pay back by the 25th in writing.

 

A claim in small claims will take longer than that.... He woudl be stupid to start the claim.


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Well a recorded signed for letter was attempted to be delivered to my parents address.

 

 

They know that address because I sell on eBay, and I forgot to update it.

 

 

Can only assume its a LBA. No one was in to accept, but it will now be rejected as I don't live there.

 

I fully intend to refund on the 25th, If I had a method of magicing up money I would have done that by now!

 

 

Not even sure how I'm going to eat at lunch time, have just enough money to get home this everning.

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You should try to get in touch with this person to let him know when you will make payment.

 

 

The goal is to avoid him issuing a small claim against you in the meantime. If he did that, you would be liable for the court fee he paid and would get a CCJ (although the CCJ shouldn't stay on your credit rating if paid in 28 days).


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Isn't there a time frame from when they send a letter before action? I will refund in 6 days time, which is enough time from a LBA I would have thought.

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Isn't there a time frame from when they send a letter before action? I will refund in 6 days time, which is enough time from a LBA I would have thought.

The usual time frame is 14 days (although I'm not sure that would apply if delivery was refused and the claimant has no alternative address).


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Ifyou sent a letter recorded delivery statting that refund will be made within the 6 days. Send it recorded delivery.

 

IF he does issue a claim, the judge will look at it less favorably. A Court is to be used as a last resort. It would certainly protect you from any "Costs" and would show the claiment being vindictive and wasitng court time


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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