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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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Hoist/Cohen Claimform - old Cahoot Loan 'debt'


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Hi Robinson way was the dca, hoist are the new owners apparently and hc are the solicitors. The original or was cahoot who were bought by Satan.

 

Sorry about the confusion.

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ok well ill merge the threads then

but lowells and cohen that you mention earlier are nowt to do with hoist / robbersway

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX,

 

I sent CPR 31.14 today Special Delivery I had to print it at a friends

 

I have requested the following pretty much the standard template.

 

1. Copy of the CCA +T&C

 

2. Default Notice

 

3. Statements

 

4. Assignment Notice and proof of service.

 

5. Termination Notice

 

 

Lets see what the postman brings.

 

Out of interest would you get in touch with the original OC to ask why the PPI wasn't refunded?

 

Thanks

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have you done AOS?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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have you done AOS?

 

Hi dx

Yes AOS all done.

 

Defence needs to be in by the 29th of May by my calcs (26th April was issue date).

 

 

My cpr also asks for an extension in writing which they will ignore.

 

 

Thanks

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and you should never ask for!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Morning all,

I just received the standard CPR reply from HC this morning.

 

We acknowledge receipt of your letter dated made under C.P.R. 31 .14 for documentation mentioned in our Particulars of Claim.

 

We are currently in the process of retrieving the documents requested.

 

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.

 

 

So no date when they expect to have the documents there's a surprise, but they will grant 14 days after I receive them. I wonder if they would try for a Summary Judgement if I miss my defence date waiting for documents????

 

Standard letter so I will stick with my date for filing a defence, which is nearly done.

 

Thanks

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Darn right Old Cogger, I find it very annoying and downright devious that their letters if followed could get you a summary judgement.

 

Thanks again

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Cant get a Summary Judgment without making application...which is only possible after a defence has been submitted.....I think you refer to a default judgment.

We could do with some help from you.

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Sorry Andy, yes that's what I meant a default judgement.

 

Meaning of ‘default judgment’

12.1 In these Rules, ‘default judgment’ means judgment without trial where a defendant –

(a) has failed to file an acknowledgment of service; or

(b) has failed to file a defence.

(Part 10 contains provisions about filing an acknowledgment of service and Part 15 contains provisions about filing a defence)

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:thumb: Just submit your defence by the specified date.

We could do with some help from you.

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Hi,

quick question about the defence i have read loads on here.

 

Generally do you make the Claimant work for everything

or for example if you think you recognise the account number

and you are maybe aware of say PPI or think an Invalid DN was received

or believe a settled account was shown in CRF would you mention those in the defence ?

 

Would it be better to mention in your defence that for example the DN was invalid?

or Mention that the OC was supposed to refund a large amount of PPI but never did?

 

or do you keep it simple and pop everything in your witness statement

 

Thanks in advance

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Everything simples as per the Legal Success Forum...you particularise in your witness statement.

We could do with some help from you.

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Right then 1st draft of defence

 

POC

 

1. This Claim is for the sum of £ 4***.00 in respect of monies owing pursuant to The consumer credit Act 1974 (CCA) under account no.

 

2. The debt was legally assigned by OC to the Claimant and notice has been served.

 

3. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.

 

The Claimant claims

1. The sum of £ (less than 10k)

2. Interest pursuant to s69 of the County

Court Act 1984 at a rate of 8.00 percent

from the date to the date hereof xx days is the sum of

3. Daily interest at the rate of £ yy

4 . Costs

Defence

 

1. I MR P of SOMEWHERE am the Defendant in this action and make the following statement as my defence to the claim made by DEBT BUYER LTD.

 

2. 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.

 

3. Paragraph 1 is noted I have in the past had a financial relationship with OC.

 

4. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received.

 

5. On the DATE MONTHS BEFORE CLAIM I made a legal request by way of a section 77-79 (CCA1974) to the Claimant. The Claimant has yet to comply with the request. I have also requested further information to clarify the Claimants claim by way of a CPR 31.14, again the Claimant has yet to comply.

 

Therefore 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

© show and evidence any breach.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Thanks in advance

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you don't need your no.1.

you need to refer to their point 2

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Right then 2nd draft of defence Thanks DX

 

Additions in green

 

POC

 

1. This Claim is for the sum of £ 4***.00 in respect of monies owing pursuant to The consumer credit Act 1974 (CCA) under account no.

 

2. The debt was legally assigned by OC to the Claimant and notice has been served.

 

3. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.

 

The Claimant claims

1. The sum of £ (less than 10k)

2. Interest pursuant to s69 of the County

Court Act 1984 at a rate of 8.00 percent

from the date to the date hereof xx days is the sum of

3. Daily interest at the rate of £ yy

4 . Costs

Defence

 

 

 

1. 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.

 

2. Paragraph 1 is noted. I have in the past had a financial relationship with OC, but I do not recognise this specific account number or recollect any outstanding debt. I have sought clarification from the Claimant.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or DEBT BUYER.

 

4. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received.

 

5. On the DATE MONTHS BEFORE CLAIM I made a legal request by way of a section 77 (CCA1974) to the Claimant. The Claimant has yet to comply with the request. I have also requested further information to clarify the Claimants claim by way of a CPR 31.14, again the Claimant has yet to comply.

 

Therefore 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

© show and evidence any breach.

 

6. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Thanks in advance

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just to revise your calcs

your filing date is by 4pm Friday 27th

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

time limits on CPR/CCA are pretty much meaningless once a claim form has been issued.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX.

Would it hurt if I filed early as I may be out of the country next week?

 

File as close as to the deadline as you can, if that means on the way to the airport, so be it.

 

You dont want to give them any more time to concoct booshee than you have to

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

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Just realised you can save your defence on the MCOL site without submitting so its ready to be submitted.

 

On a slightly different note I found a handy site for working dates out

 

http://www.timeanddate.com/date/dateadd.html

 

You have to tweak the 33 days to file slightly to 32 but its better than counting.

 

thanks again everyone

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Not really...but considering they inflate their claims by adding sec69 into the debt claim before its judged ...then adding it to your CRA,s default seems logical...they have to balance their books..even if inflated.

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 The National Consumer Service

 

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