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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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Network q vauxhall zafira 2011 **CLAIM RESOLVED UNDER WARRANTY**

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Hi hope someone can advise me,

 

 

we bought a Vauxhall zafira 1.6 petrol 2011 plate in sept 2014 with a 12 months network q warranty.

 

 

In January we had a engine light come on,

I checked under the bonnet and noticed there was hardly any coolant in the expansion tank,

I topped it up and the light went out.

 

 

Took it to a local Vauxhall dealer to get it checked out,

after much scratching of heads they fitted a thermostat saying the thermostat had partially closed

and pressurised the system to such an extent it lost coolant through the expansion bottle.

We took it away but checked the coolant level a few days later as it didn't seem to be running correctly it had dropped down again,

 

 

second visit to dealer resulted in a new water pump.

The wife noticed after two weeks the heating had stopped working and the coolant had dropped again,

we took it back for it to be checked out

 

 

I suggested a head gasket issue, they acknowleged the coolant had dropped again but topped it back up

and did a block test which was negative then said they had performed various checks but couldn't find a fault

and asked us to keep an eye on it. We weren't happy with this,

 

 

after a couple of days the coolant had dropped,

we decided to take it to another Vauxhall dealership who found water in the cylinders and suspected head gasket

we gave permission for them to strip it down.

They found the head gasket had not failed but the engine block had warped thus water was escaping in between the block and head.

 

 

An engineer was requested by the warranty company,

they rejected the claim saying the head bolts had loosened over time and caused the warping and therefore not a sudden failure and not covered.

 

 

What do I do now,

do I go to motor codes?

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You need to keep a paper trail everything in writing

You need to take this up with the dealer giving them the chance to put things right

If that does not work you need to issue a letter before action

Then issue them court paperwork


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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how did you pay?

 

 

dx


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You need to keep a paper trail everything in writing

You need to take this up with the dealer giving them the chance to put things right

If that does not work you need to issue a letter before action

Then issue them court paperwork

Thanks I have copies of the invoices for the three visits to the first dealership, to add insult to injury network q have no knowledge of the three visits to the first dealership, the dealership apparently have a warranty administrator problem and invoiced the work internally with a view to send to the warranty company when their problem is resolved? the senior warranty engineer is looking into the claim again in light of the new info.

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how did you pay?

 

 

dx

Hi I paid for the car with a debit card and the water pump and thermostat were apparently covered under warranty even though it has come to light the invoices were processed internally due to a warranty administrator problem.

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I seem to remember this was a known issue on this model and was subject to an official Vauxhall Service campaign. Worth checking out!!!

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Thanks I will look into it.

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An engineer was requested by the warranty company,

they rejected the claim saying the head bolts had loosened over time and caused the warping and therefore not a sudden failure and not covered.

Complete, total and utter crap. Edited by Conniff
edited

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If the head was off, how did the warranty (so called) engineer come to the fault being loose bolts, you can't see a bolt was loose just by looking at it ?

 

 

Why have Vauxhall said the block is warped, have they checked it on a flat plate with engineers blue ?

Unless the block warping is a known problem, which means it is badly designed, then it is more likely to be the head than the block.

 

 

These really are question you must get answers to so ask for 'full' reports by both the Vauxhall engineer and the warranty company. You are entitled to them so don't be fobbed off.

 

 

Unless you get answers to the above and are able to check it out, you are going to be landed with a bill for it all.

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Thanks for all the advice and support, I had a call from the warranty manager today and the claim has been passed

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So glad they have come to their senses. They know they can't win them all. Well done.

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