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Halfords overfilled engine oil then bodged repair then denied liability! Legal action starting! HELP needed!**SUCCESS**


Brownguy53
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We have just received very interesting message from Halfords in which someone who describes themselves as a "claims consultant" has threatened to sue us in the courts if we continue to give you any advice or any help in bringing your case against them.

 

I don't know what Halfords are smoking – but it must be pretty bad stuff and I certainly don't want any of it.

 

 

Update on this:

We have received a message from Halfords saying that they did not send us this message.

We have investigated and we have discovered that it was not sent by Halfords at all and that in fact the email is a spoof, send through an anonymous email service.

It has nothing to do with Halfords at all. Naturally we apologise to Halfords for this misunderstanding.

 

Clearly there is someone out there is out to cause some mischief either for us or for Halfords.

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Really? So both messages including the original aren't from Halfords (the one you mentioned on the phone on initial contact??) ?? That's very odd!!So basically now halfords aren't saying theyre going to sue CAG? I don't think to be honest they could anyway!! Hmmm do you think it could be one of the employees from the branch possibly? As Halfords did tell me that the staff were very annonyed I recorded them covertly and they were annonyed the story was posted online and it was passed on to customer services. I don't understand who would want you to not help me or put you off doing that except Halfords of their employees, very strange!!

Either way it still doesn't excuse their attitude and behaviour with this whole case. This whole situation should not have got to the point where I am being 'watched' on forums by Halfords..their employees messed up and weren't adequately trained, they should have fixed my car and done a proper job!!

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UPDATE: Just had a letter from the court themselves and it was a 'Notice that acknowledgement of Service has been filed'. It says the defendant Halfords has filed an acknowledgement of service on 23rd April 2015, they the defendant have 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim to file a defence. Does this mean the service dates still apply and I should still await a defence by May 17th? I've doubled checked and POC was sent as a notice of issue on 15th april by courts.

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Just checked 15th April it said it was issued. So i'm confused to why the courts think its 28 days, but here i was told 33? :S does that mean Halfords have till May 17th to file there defence or may 12th? Oh and both forms obviously state 'Halfords lawyers intend to fully defend the claim'. i'm guessing it'll be the same lies and same fake story from them - that they are going to imply I deliberately overfilled my car after they did the engine oil top up and overfilled it and I worsened it, even though they actually have no evidence of this and their '3 staff members' all did the engine oil top up together, which is all lies. Will be fun when they see my evidence and have no way of lieing or wriggling their way out of the case. Update about the emails too from Halfords, apparently a original one to CAG asking to remove my post was genuinely from Halfords as they said I have breached data confidentality- alot of rubbish and apparently the second one threatening legal action was a spoof. So Halfords are and will be watching this thread so I won't be disclosing what evidence I have but Bankfodder is aware of it, so thanks to him. I'll keep you all in the loophole as I don't want this company to think they can use 'big solicitors' to bully consumers into not taking them on when they overfill your car's engine oil and damage it then botch a repair. Hopefully when I beat them they will take a lesson and learn from this, as i would hate for this to happen to someone else.

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You have to count 5 days from issue to service and then count 28 days from service.

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All it says on the notice of issue is this - 'Your claim was issued on 15th April 2015. The court set it to the defendant by first class post on April 16th 2015 and it will be deemed to be served on 20th April 2015. The defendant has until 4th May 2015 to reply.'

 

I guess this means 20th april+ 33 days then?

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Check how the bank holidays impact on deadlines

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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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i cant find anything on the bank holiday and i want to make sure i know when theyr'e meant to submit this by? as ive prior stated the date of service etc..can someone help me out? i assume the bank holiday means they'd get that day back so may 19th they have until?

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http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part02

 

Scroll down to 2.8 ("Time").

 

Examples:

 

(iii) Particulars of claim must be served within 14 days of service of the claim form.

 

The claim form is served on 2 October.

 

The last day for service of the particulars of claim is 16 October.

 

(4) Where the specified period –

 

(a) is 5 days or less; and

 

(b) includes –

 

(i) a Saturday or Sunday; or

 

(ii) a Bank Holiday, Christmas Day or Good Friday,

 

that day does not count.

There is also some stuff in 2.9. Ultimately it appears the bank holiday only has an impact if the period of time specified in an order is 5 days or less. Or at least that's my interpretation of it.
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i cant find anything on the bank holiday and i want to make sure i know when theyr'e meant to submit this by? as ive prior stated the date of service etc..can someone help me out? i assume the bank holiday means they'd get that day back so may 19th they have until?

 

If in doubt wait an extra day.

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well from looking at it like that that means... they have until may 18th am I right? what about what bankfodder said about service days? i just am trying to get the right date here so that i can serve judgement if they don't file a defence, as if its such a 'clear cut' case i don't see whats taking them so long to file a defence lol.

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5 Service Days +

Initial 14 days +

Additional 14 days if acknowledgement of service filed

 

Total 33 days. Bank holidays and weekends are included in this instance.

 

If the issue date was 15th April, you'd be safe to apply for judgement on 19th May. Assuming they don't respond by then of course.

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You will find that most courts are behind with their administration so best to check with the court before applying for a default judgment.

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Sorry CB, I would advise going for a judgement asap. If the courts grant it then it's up to Halfords to sort out the mess.

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Thank you all for the advice. So basically they have until next Tuesday..interesting. Well I'll await it but knowing my luck they'll probably respond on Friday and I get it monday, really don't know what they're waiting on if they think their right lol..guess they got so many legal cases against them they do everything last min. Thanks for the help everyone. I will be keeping silent now until I get the next update from them..thank you all espically you Bankfodder.

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They may well be taking their time for many reasons.

 

One will be investigating if they have any grounds to stand on. Then they will risk access the claim vs the potential costs of defending.

 

As it is small claims their exposure to costs will weigh into that risk assessment.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

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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