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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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liverpoolluke

right's on repair

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on going issues for nearly a year now with a quad bike I have purchased, my current issues is on a repair, I sent my quad bike to a garage over 300 miles away for a major repair (the engine needed removing, splitting in 2 for gasket replacement) got the quad bike and the next day I found another oil leak

 

I spoke to the repairing garage who suggested I put my quad into a local garage for this minor repair to be carried out and the original repairer would pay the bill

 

The second garage close to home have suggested the engine has never been split and the original oil leak is still there

 

so within 24 hours of getting the quad home the issue was present, I have suggested the garage who did the major work are responsible to repair the quad and should collect it, they have now nominated another garage of his choice aprox 1 hour drive away (a garage I might add I find arrogant, and has bad reviews online) what's my rights as it stands ?

 

I feel the original garage should still collect the quad, inspect and repair then return back to me which he should do in the first place

 

the second twist to this story, is the second garage who wrote the report have charged me £85 for there inspection / report should the original garage pay this bill as I only submitted the quad there upon there request

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You can only expect to be put in the position that you were originally in so what you expect is a working bike having paid £xxx for a repair and £yyy to transport it to place A and back home.

You need to tell the original garage that you expect them to pick up the extra costs for your running about here and there and also for the inspection by the second garage. As they have agreed to this already it wouldnt be wise of them to go back on their word as event though you might not be able to prove they said this you will have phone records showing you called them, the second garage's report etc so a court would agree with you on this being the truth of the matter.

You need to give the first garage a chance to put things right. part of this will be negotiating the transport and collection of the bike. I would rather do the legwork myself and get them to reimburse the cost of doing so rather than trusting them to do it. All in your control. Make sure they agree to paying your reasonable travel costs by text or however so again they cant change their minds easily.

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After a few call's to CAB consumer help line and reading the CRA215 I have now requested the repairer to give me a refund, I believe that the repairing garage has 1 right to repeat performance which he gave instruction to a local third party , the quad was not repaired on the first right to repeat performance (in all honesty it put the repairer in terrible light) I have requested the repairing garage to refund my payment's for 2 separate invoice's and to reimburse me for the third party cost's that the original repairer instructed me to use

 

The repairing garage's solution was to allow another third party to collect the quad bike for them to repair (the second repairing garage being a pal of the original repairer) if the second third party was unable to repair the quad them my quad would have been sent down to the original repairer (over 300 miles away from my home)

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a little update, first reply from the repairer, they say your quad came in for major oil leak to be fixed, we have done this so we don't owe you anything

 

My reply was, you ignored all my points my complaint shows, you failed to take reasonable care of my quad, and you have already accepted the current issue is your responsibility due to offering to repair it

 

I requested they give me there ADR details let's see if they even know if they know what an ADR service is

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