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    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
    • the pursuers don't have to serve a DN the original creditor did the pursuers have failed to prove one was ever served. fatal under section 87 of the CCA    no signed cca nor relevant T&C's    
    • PDF only please read upload   yes block and bounce all email addresses.   dx  
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Digital_2012

Vauxhall Dealer Diagnose Money Claim Back

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Hi guys my car been to Vauxhall dealer for diagnose as my car corsa 1.3 cdti 2007 misfiring on low revs. Vauxhall kept the car for three days and finally they told me that number 3 fuel injector is misfiring and no other fault reported. Got the car back on 28/04/2015 and today 3-/04/2015 my timing chain snapped while driving the recovery guy confirmed that timing chain gone and it damaged all cams etc.

 

Can anybody confirm what are my right and what can i claim like repairs or money back. I paid £75 for diagnose and they could not find out if my timing chain is going.

 

 

Thank you

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Changing a coil pack has nothing to do with the cam and it's workings. If you took it in to diagnose a misfire, they wouldn't be looking for anything other than the cause of that.

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It's a diesel so i don't think it has coil pack. I told them about weird noise coming from engine. They checked everything like turbo egr and also performed compression test. Snapped timing chain means the whole engine gone due to bent valves etc.

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Oops, sorry, mistyped that, meant injector.

 

 

Unless he stripped it down, he cannot say with any confidence that there is any damage at all. It may be an interference engine, but even then unless you see inside, you can't say what damage has been done, if any.

 

 

Are they responsible! That's a difficult one. Did you just mention a rattle or ask them to diagnose what the cause of the noise is?

Can you tell if a chain is about to go? very difficult, if you have ever ridden a bike or motor bike, can you tell if the chain is about to break.

Without dismantling there is no real way of telling. A screwdriver against the chain bearing and ear would have given a very good indication there 'could' be a problem but even that wouldn't indicate the chain is about to break.

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Yes i got your point i have very weak case so no point taking any action against them.

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