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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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carowner1

Possible Kwik fit wheel alignment [problem]

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After having my car "serviced" at kwik-fit (they didn't actually succeed in completing all of the task - I'm not convinced that they even changed the oil), the manager mentioned that I needed the wheel alignment fixing as it was a few degrees out. This confused me as:

1. Checking the alignment is not part of the interim service

2. I had recently had the alignment fixed by another garage and the car drove perfectly well since then.

So I questioned the manager about his figures and his reply worried me. He simply said that "the readings do tend to exagerate things a bit". This is not what it states on the kwik-fit web-site about the state-of-the-art precision machinery that they use for alignment. So perhaps the exageration was coming from elsewhere?

I was provided a feedback form and emailed this concern together with other things they did wrong - but still await a reply.

 

Presumably Kwik-fit can make a fair bit of money from their £49 alignment check plus extra for each wheel they see fit to actually align. Just wondering whether others have been unexpectedly been told they need their alignment adjusted?

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Kwik Fit are well know for their underhand tactics. i took a car in their once for a free mot given with my insurance - they failed it - on stuff they could fix like brake pads needed changing front suspension was knackered - took it to an mot place i new the next day and it passed - nothing wrong! - if the wheel alignment was not scheduled as part of the service then they should have sought your agreement before carrying it out, as they did not then they have no right in charging you for it - if the oil was changed then it should all be a lovely golden syrup colour, so easy to check - might also be worth checking to see if they changed the air filter, this is also easy to do - how does the car drive now? if you let the car steer itself when moving does it veer to the left, if i remember correctly it should but not severley

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Went to kwik fit years ago for an MOT, they told me I needed new discs and pads for all the brakes, costing over £500. Took car to local garage and asked them if it did, they said no, it needs pads costing £100. -wouldn't touch kwik fit EVER again! not even for tyres!

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No they did not charge me - they simply stated that the wheel alignment was out by a few degrees. How they knew this, is the question, as a wheel alignment check is not stated to be part of an interim service? The car drives fine and does not pull in the slightest to the side so they could not have decided this from a road test. The manager did a bad slip of the tongue when he used the word "exagerate" as it only implies that something is not true!

 

The reason that I am suspicious of the oil change is that I just noticed that the oil is soot black. It is a diesel but when I've checked it before it has been an appropriate colour. I am somewhat suspicious that they actually serviced it at all as they couldn't get the wheels of as I didn't have the locking wheel not (which Kwik fit had previously lost!) It is actually pretty easy to get locking wheel nuts off - the same garage did it later for a "free" brake check where the advice was to have all round disk/pads replaced as you may imagine.

 

However the point here is that I don't think they should be let to get away with completely unnecessarily advising alignment checks. This rarely needs to be done - only when you've hit something really hard or had suspenion parts changed (but then they should set it right as part of the job). But I suspect that many people will feel it must be dangerous not to have it done and that £49 is not much to pay. Problem is that it is hard to prove mal-practise on this.

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ah ok...so they are trying to get you to pay for an alignment then. typical ploy by them, ...i don't know much about diesels but I am certain the oil shouldn't be soot black

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Mines a diesel , just had oil changed - old oil was soot black - new oil looks like Honey! I very much doubt that they did anything worthwhile! on your car - if it wasn't going to make them any more money i don't think they would bother!

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googling it though does show some posts which suggest new diesel oil will go black almost immdiately due to deposits in the engine

Mines a diesel , just had oil changed - old oil was soot black - new oil looks like Honey!

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Yup I have the feeling that they didn't even bother changing the oil - they certainly didn't top up the washer fluid, reset the service indicator nor put air in the tyres. It was one of those combined service/mot jobs and they perhaps did the bare mininum for an mot and when I came to pick up the car, the manager had the idea to get a little bit extra out of me by advising that the alignment was out (and was a bit taken aback when I clearly knew that it wasn't)!

 

I shall await a reply from them for a couple more days but this is really a very poor way to treat customers and run a business. In any case I already have the trading standards complaints form ready!

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googling it though does show some posts which suggest new diesel oil will go black almost immdiately due to deposits in the engine

 

Well I only saw it as it went in! but still I doubt they changed it anyway - would be too much effort for them!

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The oil will turn black as soon as it circulates through the engine. You can tell old and new oil by rubbing it between you forefinger and thumb. Have a go next time it's due a change.

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