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    • Just another example of how Enforcement helps not to clear debt by increasing it.
    • Firstly, you don't need to worry about the so-called "six-month rule". The consumer rights act simply complements the existing law contract. It adds to it, it clarifies it – but it doesn't take anything away from it. Not only that, even within the consumer rights act, the most important provision is that the goods you buy are of satisfactory quality and that they conform to their description. If you have bought a vehicle expecting it to be low mileage – only 17,000 and in fact the mileage turns out to be double – 34,000, then I would say that it is not of satisfactory quality. Also, it doesn't conform to its description. It is impossible that this vehicle could be repaired in order to return it to its expected satisfactory condition because you can't undo the mileage don't wear and tear. Furthermore it doesn't conform to its description and nobody will be able to undo that either. On that basis it seems to me that this is what is known as a fundamental breach of contract – which is a breach so serious that it essentially undermines the purpose of the contract – and it amounts to a termination by the seller and it is up to you the innocent party to accept the termination and to consider that the contract is at an end. This then gives you the right to recover all of the losses which you have reasonably incurred as a result of the seller's breach of contract. You have bought this vehicle using finance – and I'm assuming that it is alone and under section 75 of the Consumer Credit Act, the finance company are fully liable to you in exactly the same way that the supplier is liable. In other words, their financial liability to you are mirror images of each other. You say that you are in "the process" of rejecting the car. I don't understand what process there is. You simply write to the supplier – copy it to the finance company – and tell them that the contract is at an end because they have breached it in a very serious way and you want to know what arrangements are being made for returning the car. I think that you should also point out that in the interim period you will be without a vehicle and that it would be in their interests to provide you with a loan vehicle until such time as you can source a replacement. Frankly, if you trust the supplier – and if the supplier behaves in a responsible way, this may be the time to negotiate a new vehicle from the supplier – and no doubt this time they will be far more careful about what they supply you. I think it will be worth pointing out to the supplier that if he will not provide you with a reasonable loan vehicle that you will incur costs in respect of a hire vehicle or some other arrangement and that you will look to them to reimburse you all of these expenses. Once again, you should send a copy of this to the finance company. Separately you should write directly to the finance company and put them on notice as well that the finance agreement is at an end because of the fundamental breach of their client. Because they are a finance company, don't expect them to be especially cooperative so I would tell them immediately that if there is any hint of a lack of cooperation that you will begin an immediate complaint to the FOS – but you may decide to proceed direct to a county court if you feel you have to. Have you contacted anybody about this? We could all be jumping the gun because maybe you haven't even brought it to the attention of the dealer and you don't know what the dealer's attitude is. In all letters, make sure that you copy the letters to the garage to the finance company and those to the finance company copy to the garage – so everybody knows the extent of the trouble you are making about this. Finally, why haven't you told us the name of the garage? Are you trying to protect them? What is the name of the finance company? Are you trying to protect them?
    • I have also read a few threads on CAG and also MSE and there is one conflic of opnions which does worry me a little which is the ignore or appeal...   Ignore until they get to a stage where I have to respond or appeal and not let any claim forms come throug the post and cause unnecesarry stress as my wife is the RK of the car.   I trust your judgement on here as your advice has always been clear and confident but i thoguht I would still ask at what point is ignoring these both, going to do us harm with a CCJ or something?   Thanks again   Gee
    • they only get one bite at the cherry    did you ring the court?   dx  
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cheddar

Lowell/lowells sols claimform - old Vodafone mobile 'debt'***Claim Discontinued***

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DQ arrived, will fill it in and send it recorded tomorrow.


Ex CAG helper ^_^

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Duplicate.


Ex CAG helper ^_^

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Sending it off today. I hope I did it right, I need to be a Lay Representative for him but didn't mention it on the DQ, I assume "witness" means something else.


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Witness is 1 cheddar...himself...for you to assist and speak you will have to request permission of your local county court.

 

Andy


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Witness is 1 cheddar...himself...for you to assist and speak you will have to request permission of your local county court.

 

Andy

 

Oh! I see, "including yourself"! Derp. Ok so wtiness 1 is the boyfriend so I'll put 1 and if we get a hearing date I'll write to the court asking if I can be his Lay Rep and why.

 

What about mediation, there's no way he can speak on the phone, that's even worse then in person for him. I can't find anything about representing someone at mediation, only at hearings.


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I cant see a problem with you relaying the details by telephone on his behalf...again just tell the mediator the reasons why.


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Awesome, thanks Andy!


Ex CAG helper ^_^

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It was sent 2nd Class Recorded on the 10th

Royal Mail say the barcode isn't valid even though I have a receipt for it.

 

Nothing on MCOL to say they have got my DQ

it was sent to me 3 weeks ago

 

I'm waiting on someone at Royal Mail to get back to me.

 

What can I do if it's been lost?

 

Send another?

 

Can I use a blank form printed out?

 

Do I need to contact the court?

 

This is seriously the last thing I need after spending a week severely ill and I'm still not well. :(


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don't panic mr Mannering

 

 

phone the court and ask...

 

 

dx


..

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don't panic mr Mannering

 

 

phone the court and ask...

 

 

dx

 

Thanks, I'll give em a bell in the morning. Blegh. Shall let you know what they say ^_^


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Was ill most of the night, slept most the day so didn't get to ring Nothampton, looked on Royal Mails Twitter to see if they had replied to me, it seems Track & Trace was broken. Looked again and it was signed for on 11th March. It just doesn't show on the MCOL.

 

Waiting game again.

 

:)


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Cheddar...submission of your DQ does not appear on MCOL until a Notice of Allocation is served...this transfers the claim to your local county court and sets the directions you must comply with....once this is received MCOL will show the claim has been transferred out.

 

Andy


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Cheddar...submission of your DQ does not appear on MCOL until a Notice of Allocation is served...this transfers the claim to your local county court and sets the directions you must comply with....once this is received MCOL will show the claim has been transferred out.

 

Andy

 

Yet I just had another look at MCOL and it states:

 

"You filed a DQ on 19/03/2016"

 

I guess that was added on today. I wonder if Lowlifes have sent theirs in, guess we don't get to see that bit lol.


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Bump your thread when you receive your Notice of Allocation.


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Got a bill from Lowlifes Solicitors and a copy of their DQ. Was I supposed to send one to them?

 

They also put "0" in the section of how many witnesses including them will show at court. Is that an admittance that they won't turn up? Seems odd to me.

 

Sorry if I'm not to be asking questions until I get the allocation. I'm just curious.


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Got a bill from Lowlifes Solicitors and a copy of their DQ. Was I supposed to send one to them? Bill for what.?..the claim has not even been allocated to track yet

 

They also put "0" in the section of how many witnesses including them will show at court. Is that an admittance that they won't turn up? Seems odd to me. No they went to the same skool as Mr Carter..same maths teacher:-)

Sorry if I'm not to be asking questions until I get the allocation. I'm just curious.

No problem ask away

 

Andy


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LOL!! Yeah I remember Mr Carter. They just made the letter look like a bill tbh, very dodgy, it has the body of a letter and then details on the debt on the right with the amount in bold which is now over £300.


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So a statement of account ...not a bill?


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Probably yeah, I managed to get a quick look of it as I was going out the door. Sorry, I didn't word myself correctly.


Ex CAG helper ^_^

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Had a look on MCOL last night, shows claimant filed DQ on 02/04/16.

 

Nothing else has happened as yet :)


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Have you received your DQ and filed also cheddar ?


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Have you received your DQ and filed also cheddar ?

 

Yup. Current state on MCOL:

 

Claim Status

A claim was issued against you on 11/01/2016

Your acknowledgment of service was submitted on 14/01/2016 at 21:15:13

Your acknowledgment of service was received on 15/01/2016 at 08:02:10

Your defence was submitted on 28/01/2016 at 16:05:07

Your defence was received on 29/01/2016 at 08:01:41

DQ sent to you on 01/03/2016

You filed a DQ on 19/03/2016

DQ filed by claimant on 02/04/2016


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So they (Claimants Sols) have not served a copy on you...did you send them a copy of yours?


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So they (Claimants Sols) have not served a copy on you...did you send them a copy of yours?

 

See #65. They sent me a copy of their DQ but unfortunately no, I didn't send them a copy of mine, bit late now :/


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