Jump to content


  • Tweets

  • Posts

    • yes only court...   can I confirm this was settled via Barclaycard and chargeback as it was a debit card, rather than section 75 via a creditcard?  
    • Hi   Sorry for the delay in getting back to you don't worry we have not forgot you.   So they have destroyed ALL DATA personal to you as you did not take the Property. (really they have put there foot in it)   If they hold no personal data then they have NO evidence of what was agreed to with your Holding Deposit and the refusal to return it.   Now if it was me I would let them drop themselves in it even further by responding to there SAR response.   Thank you for your SAR Response dated XX/XX/2019   Due to this response I require clarification of the following:   1. Have you followed the Data Protection Act 2018 & General Data Protection Regulations on Destroying My Personal Data?   2. If you have Destroyed All My Personal Data then what documentation do you hold that I have signed/agreed to the Holding Deposit being Non-Refundable and to provide copies of this documentation.   3. I require a copy of your Policy on Holding Deposits   Please bear in mind the above is what I would do.   I do think it is looking like you may have to go down the court route (make sure and have a good read of that link I previously gave you to the Tenants Fee Act).
    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
    • Most guarantees are not transferable anyway to the new owner so why a solicitor should request it is pointless.The quotes should suffice to prove the work was carried out.   Andy
    • Apologies for the prolonged radio silence!   To cut a very long story short, I went back to Barclaycard (because I bought the car with my VISA card) and they offered to repair the car at a cost of £2500.   We accepted the offer because we were advised that even if we went to court and won the case, there was no guarantee that the dealer would give us our money back anyway or would end up paying us £10 a week for the next umpteen years.   The decision to have the car repaired was also made in the light of the fact that apart from the gearbox issue the rest of the car was in good nick. It is running fine after nearly 4 months now, so even if our friend gets a few more years out of it it will have been worth it.   Now that it is all settled I can reveal the name of the dealer - it was Thatcham Motor Company, in Thatcham, Berks. Very pleasant to deal with at first whilst everything was ok but boy oh boy, beware if anything goes wrong!   Similarly Momentum Warranties who provided the 6 months "warranty". On paper this warranty apparently covers practically every conceivable fault that the car might develop until you try to make a claim!   It seems that only if a component physically breaks that any cover is provided, otherwise they will hide behind the "fair wear and tear" get-out clause. Can an ECU unit be subject to wear and tear?   I would not touch either of these outfits again with the proverbial barge pole. Buyer beware!   One further thing I forgot to mention. We ran up considerable expenses trying to sort all the issues - the engineer's reports, travel costs etc.   Is it too late to try to claim these back from the dealer now? I just ran out of energy by the time Barclaycard agreed to pay for the repair but now the dust has settled I am up for it again!   Would this have to be done via the Small Claims Court?
  • Our picks

balina2

Lowell/shoe's Claimform - EGG Pers Loan

style="text-align:center;"> Please note that this topic has not had any new posts for the last 575 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Thank you for your advice and I will also put in the SAR

 

In the meantime, I confirmed back to S-miths that, as they stated, I have responded to their requests for further information (those that are relevant and pertain directly to the matter). I have also provided sufficient evidence of this debt being statute barred, as per my defence (dated Jan 2017) and its accompanying Exhibits. I said their organisation asked me for further information via email and I responded in kind. I said that their statement that this is insufficient as per Part 18 is denied as a result and I would expect that the matter falls actually not under Part 18 but Part 27.

Their response

 

As set out in my email below, your response to my client’s Part 18 request for further information is spread out over a number of emails. It is incoherent and insufficient for the purposes of Part 18.

 

 

For your convenience, I provided you with a copy of my client’s request with space for you to detail your reply. I attach a further copy and ask that the document is completed and returned to me, by no later than 4pm on 24 January 2018. In default, I will have no alternative but to seek an Order from the Court, compelling you to provide a sufficient response.

 

You suggest that the matter falls under Part 27 and not Part 18. The matter has been allocated to the small claims track, the procedure for which is set out in Part 27. Part 18 covers requests for further information.

 

 

Should I ignore them at this point?

 

And is there anything else I should be preparing for the hearing (SAR evidence if received in time)? My defence from Jan 2017 has already been received by the Court and S-smiths.

 

Thank you again.

Share this post


Link to post
Share on other sites

Already covered in my last post...#198...CPR 18 is not applicable to Small Claims Track...Fast Track only.

 

Already advised what you need to prepare and submit and serve in preparation for the hearing...your WS and Disclosures as per the Notice of Allocation.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

eh! they know/confirm its been allocated small claims yet they still want part 18! and you even pointed them to part 27 which confirms 18 doesn't apply in smalls. or am i missing something (was it court ordered?). are you up against a new paralegal/trainee :)

did you see andy's post re 18.


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

Hi, I wanted to update on the result of the hearing today at small claims.

The Judge ruled in Shoosmiths/Arrows favour and awarded full claim plus costs.

 

The focus of the hearing was actually not on my defence but was a quite personal line of questioning about why I had defaulted, why I had spent certain monies on the bank statements I had provided.

 

The bank statements showed that I had not made the payments that Arrows had claimed I had but this seemed to be of no interest to the Judge who instead asked me about why I had spent money in Morrisons and John Lewis but had failed to keep up payments on my loan.

 

Her summary was that my defence was not unreasonable but that she was making a judgement on the balance of probability which has a threshold of 51%.

No parts of my defence were discussed.

All in all it was very much a huge verbal and financial slap round the chops for having defaulted on a loan, disregarding the fact it is statute barred.

 

I am minded to appeal the decision but I have no idea whether this is possible/advisable.

 

I am also unaware of the best approach to negotiating an installment plan with them so any advice here appreciated.

 

The Judge rather unhelpfully advised that if she were to do this today it would be recommended as £400 a month, even though she had no knowledge of my current financial status/earnings/outgoings etc

You can see I find the Judge somewhat prejudiced......

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

opps you hit judge lottery.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...