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    • The Defendant contends that the particulars of claim vague and are 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. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   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 my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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Hi

 

I bought a 16 month old Corsa with 3900 miles on the clock on Tuesday.

 

Within 4 hours of owning it the car began veering to the left.

 

I took it back to the garage the next morning, and

 

they said that they had resolved the issue.

 

I took it for a drive and the car then veered to the right.

 

I took it back and said it wasn't fixed and I didn't want to keep the car as it wasn't safe to drive (I had only owned it for 17 hours at this point).

 

They said it HAD been fixed and the technician had taken it for a test drive.

I handed the keys back and said I no longer wanted the car.

 

They had a senior technician take it for a test drive and

 

when he came back he checked it up on the ramps and said that the problem wasn't with the tracking as the lasers were 100% accurate,

but they would need to take the vehicle in to examine it.

 

Again I said I didn't want to keep the car and they said I would need to inform the sales department.

 

I handed both keys back to the sales team and said I WOULD NOT keep the car.

They didn't have any courtesy cars, but managed to arrange a demo to be loaned to me.

I was there for 5 hours that morning.

 

Today I had a phonecall from them to say they had fixed the problem with the tracking!

(I was told that the problem wasn't the tracking and they weren't sure what was causing it)

I was also told to hand back the demo vehicle.

 

I have spoken to citizen advice who advised to hand in a letter rejecting the vehicle,

which I did this morning (funny how suddenly the car was "fixed" a few hours later).

 

They have since informed me to hand back the courtesy car as it is not a legal obligation to provide me with one.

I am doing this in the morning.

 

The manager has said he is rejecting my rejection letter, refusing to refund the cost of the car (8k),

and also refusing to give me back my 2 cars that I traded in by saying he

"doesn't know where they are and that they may be in the garage getting repaired or somewhere"

 

My problem is that I have no car,

8k in debt and

I work in the community and

my father is in hospital 100 miles away

so I desperately need a vehicle.

 

WHAT DO I DO??? COURT ACTION??

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nice firm

 

how did you pay?

 

dx


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I traded in 2 cars and paid the remaining £314.99 by Visa debit. I was not aware that I was due to pay extra for road fund license or admin fee until the salesman telephoned me 4 hours before collecting the car!

They have refused to accept my rejection letter and will not return my traded in cars (trade in value was £7500 for both vehicles)

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Can you name the seller please ?

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EVANS HALSHAW! I had previously purchased a car from Mazda dealership and they were fantastic. I never thought to question the honesty and integrity of another main dealership.

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A car pulling to one side is usually an indication of misaligned tracking.

Most likely when they "fixed" it the first time they didn't do it properly or the laser equipment needs calibration.

I used to go to a garage to have the tracking done, but being independent they never calibrated the equipment.

Last time I went there the car was pulling to the left badly.

Took it to FTC and they found the tracking well out and fixed it.

I only use them now.

I think you will have to give the car another drive and see if they fixed the tracking.

If they haven't then you can sue, but at this stage I think most judges would think it's fair to let them correct a minor problem.

After all the car hasn't got anything broken, it just needs a tracking adjustment.

Unless there's some other problems of more serious nature.

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My concern is that when I took it in on Wednesday morning, they said they had fixed it and when I took it for DRIVE IT WAS PULLING IN THE OPPOSITE DIRECTION. oops sorry for caps!

I hen took it back and they told me there was nothing wrong with it and a technician had already driven it and found it to be ok.

I asked for it to be looked at again, and a senior technician took it for a drive and checked it and said the alignment was 100% but the car was still not driving straight.

Yesterday I received a phone call to say the alignment had been fixed! I said that I was told that the problem wasn't with the alignment and they got a bit s***ty with me.

I don't trust their mechanics and their attitude towards female drivers.

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Hi fedupmillie

 

Scroll down to:-

 

Part-exchanging your old vehicle

 

http://www.adviceguide.org.uk/wales/consumer_w/consumer_cars_and_other_vehicles_e/cars_buying_a_car_e/cars_buying_a_used_car_e/cars_paying_for_a_used_car_e/how_can_you_pay_for_a_car.htm

 

Contact your Card Provider, explain the situation.

 

You have rejected the car, doesn't matter what the dealer thinks, you just have to be put in the position before the transaction.

 

Let us know what your Card Provider says.


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I spoke to my bank regarding Visa Chargeback, and they are saying because they have fixed the fault it is not possible to use this scheme.

 

 

I explained that I didn't authorise them to further attempt to fix it after their initial shoddy work,

and I didn't trust the workmanship as they had already tried to fob me off by saying it was fixed on Wednesday morning,

even though I took it for a test drive which showed it veering to the right.

 

Bank has said to send them copies of all correspondence and they will investigate it, but because it is now "fixed" they don't think I have a cae.

 

This is completley opposite to what I have been advised by Citizens Advice,

as they advised me to reject the vehicle and that I did not authorise the dealership to attempt any further "repairs".

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Hi fedupmillie

 

Banks play hard ball over Chargeback's. They won't roll over easily, so you have to be determined. You rejected it after the first time when they stated it had been fixed. They had several attempts. To be honest it shouldn't have had a fault in the first place, it should have been checked before it was sold to you.

 

Send the following template, amend it, send all the correspondence, send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

There are further actions you can take further down the line.

 

I spoke to my bank regarding Visa Chargeback, and they are saying because they have fixed the fault it is not possible to use this scheme. I explained that I didn't authorise them to further attempt to fix it after their initial shoddy work, and I didn't trust the workmanship as they had already tried to fob me off by saying it was fixed on Wednesday morning, even though I took it for a test drive which showed it veering to the right.

Bank has said to send them copies of all correspondence and they will investigate it, but because it is now "fixed" they don't think I have a cae.

This is completley opposite to what I have been advised by Citizens Advice, as they advised me to reject the vehicle and that I did not authorise the dealership to attempt any further "repairs".


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I'm feeling so fed up.

 

 

I know that dealership are playing hard ball, but I'm worried about continuing this and getting no where.

 

I guess it's because I'm worried that if I take legal action I may lose and face legal costs.

 

 

I know CA have said I can reject the car as it was faulty when I bought it, but do garages have a comeback to be allowed to attempt to fix it?

 

 

The manager said they are allowed 3 attempts to fix a problem...

 

I still wouldn't be happy driving it and if I was forced to take it back I would sell it, at a loss :'(

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Hi fedupmillie

 

Here's some info (it's a guide for dealers):- read through it make notes:-

 

http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf

 

The Chargeback is fairly straight - forward, then it's waiting for them to comeback to you.

 

The car was faulty from day one.


Welcome to Consumer Action Group

 

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Thank you, I only paid £314 by debit card, the rest is the trade in of my other vehicles.

 

I'll have a look through the link you've given me.

 

 

I've bought another car from another dealership now on HP as I have no other funds to pay for a car.

 

 

The car salesman for my new car was alarmed that I wasn't spoken to about warranties/extra benefits etc.

 

 

The salesman at Vauxhall printed the paperwork off the day before and I just signed it.

 

 

TBH I just glanced at it and all I thought I needed to check was that they had the correct vehicle details and the correct price.

 

 

Apparently they should give me the opportunity to explore the other benefits I may be entitled to,

even if I don't wish to purchase them.

 

 

Vauxhall phoned me 4 hours before I collected the car to say there was an additional payment due to cover admin fee and road tax

(I thought the car came with road tax), that's why I had a small amount to pay by debit card. ARGH!

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Yawn......another one where there is probably nothing wrong with the car.......just a crap dealer workshop. Tracking on the front end has no effect on pull or drift. Dealer steering wheel alignment equipment in no way is 100% accurate.

 

Just tell the dealer to set the car up properly and not to use muppets to do it.

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Yawn......another one where there is probably nothing wrong with the car.......just a crap dealer workshop. Tracking on the front end has no effect on pull or drift. Dealer steering wheel alignment equipment in no way is 100% accurate.

 

Just tell the dealer to set the car up properly and not to use muppets to do it.

Agree.

I bet that if you had the alignment done at a specialised centre with calibrated equipment, the car would be ok.

But you already bought another car, so I suppose you just regretted buying this one soon after you did

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I think the op is being unreasonable and very silly for buying another car because now you are stuck with 2.

 

There is nothing wrong with the other car, just needs a good mechanic to do the tracking.

 

All cars need the tracking done now and then.


Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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Hi ashmk

 

Read the OP's post, the car was faulty before purchase, it was returned, it was supposedly fixed, it wasn't fixed. The OP rejected the car within 24 hours. The Dealer thinks eventually I'll be able to fix it. Would you have faith in the car or dealer after the goings on?

 

I think the op is being unreasonable and very silly for buying another car because now you are stuck with 2.

 

There is nothing wrong with the other car, just needs a good mechanic to do the tracking.

 

All cars need the tracking done now and then.


Welcome to Consumer Action Group

 

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Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

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Hi ashmk

 

Read the OP's post, the car was faulty before purchase, it was returned, it was supposedly fixed, it wasn't fixed. The OP rejected the car within 24 hours. The Dealer thinks eventually I'll be able to fix it. Would you have faith in the car or dealer after the goings on?

 

 

Thanks. I don't have time to bother with epople's opinions that don't help my situation. I've read through the link and there'#s a few parts that the salesman didn't adhere to.

I'm now getting emails from them saying that one of my trade in vehicles is due for a service and MOT by 24th May - considering the MOT runs out in September and that I don't own these cars... Absolute twonks:-x

Edited by ploddertom
edited language

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Agree.

I bet that if you had the alignment done at a specialised centre with calibrated equipment, the car would be ok.

 

Er...no. I don't think so! Calibrated against what? No dealer carries a rolling master so all these systems do is calibrate against each corner camera. You'd be surprised how far they are actually out let alone having the technicians that actually understand what they are measuring.

 

It's a common fallacy that tracking on the front affects pull drift....it doesn't. It's on the rear as it determines the thrust angle of the car. The castor/camber relationship on the front is also a major influence. All tracking on the front end does is affect the steering wheel angle and tyre wear.

90+ % of pull/drift issues on new cars are steering wheel alignment related where the driver aligns the wheel to the dash panel. The wheel is set to gravity but the dash assembly is offset by anything up to 3 degrees. A driver can pick this up where the alignment is out from 1.5 degrees onwards.

 

It's easily fixed as well and not a cause for rejection of the car.

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Hi heliosuk

 

Clearly not the case here, everything should have been checked before it was sold.

 

'It's easily fixed as well and not a cause for rejection of the car.'


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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Hi heliosuk

 

Clearly not the case here, everything should have been checked before it was sold.

 

'It's easily fixed as well and not a cause for rejection of the car.'

 

The issue here is a measurable attribute of the car. OP says it pulls/drift. Dealer checks steering geometry but has not checked the attribute prior to this as they ASSUME it's tracking as do a lot of contributors to this posting.

 

This is a very subjective issue and as I point out is not a case for rejection. The car needs setting up as per the specifications detailed and then measured against the attribute given. Some customers are more sensitive to the issue than others but it's a physical fact that all cars will pull or drift. The question is how much is acceptable? If it falls between the engineering released attribute then game over.

 

The key here before rejecting the car is to determine if the car complies or not.

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Hi,

 

I may have posted here previosuly, but a quick rundown of my situation - I bought a car, it was faulty, the dealership played hardball and I took them to court.

 

I attended a preliminary hearing in January and soon after, after much negotiating, I have signed a Tomlin order and am happy with the outcome.

 

 

I agreed to this, but my questions are:

 

In order to claim back my hearing fee,

I need to inform the court 7 days before the hearing that the case has been settled (by 10th April 2015),

but the Solicitor has said it can take a month to get the sealed Tomlin Order back from the court (it was sent by them on 27th March 2015).

 

* If I write to the court to say the matter has been settled, before receiving the sealed Tomlin Order,

do I run the risk that I may not get my full money back from the dealership as they will see it as the hearing's been cancelled

and therefor they do not have to comply with the Tomlin Order (even if it has not been sealed)?

 

* Yes, technically the matter hasn't been settled as I haven't received my money, but if I don't cancel the hearing then I'll lose the hearing fee.

 

* I have sent my file to court and a copy to the defendants solicitors, but I never received anything from them by the deadline date (27th March 2015).

 

* Should I carry on with the hearing date, and turn up at court on the day unless I receive a copy of the Tomlin Order beforehand?

 

* The Tomlin Order also has a confidentiality schedule attached to it, and all negotiations were sent "without prejudice"

so could I technically win (if the judge agrees with my case), without even having to mention negotiations and Tomlin Orders?

 

Sorry for all the questions, I managed the last 11 months fighting them on my own, but now my brain is completely frazzled.

 

Thank you in advance for any information you offer :)

Edited by citizenB

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I will find someone who can help you.. Please don't worry if you don't receive an immediate response, it is the Bank Holiday weekend.. but someone will definitely look in on you.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Hi fedup

 

Inform the court that you wish to vacate the hearing subject to an impending Tomlin Order being sealed....and request a refund of the hearing fee.

I assume you have written conformation re the Tomlin Order and a draft ?

Check that the court has received it and in the process of sealing the Order subject to them processing the refund.

 

Regards

 

Andy

 

Thread moved to appropriate forum.


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The only confirmation I have is that I emailed their solicitor who replied by email saying it"the tomlin order was sent 27/3/15.

I have my email copy that I signed and sent to them for them to then sign : is this good enough?

Thank you for your reply

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