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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  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]  
    • Hello   Thank you for your response, I think I have done this right. My responses are in bold    Name of the Claimant ?  Merligen Investments LTD    Date of issue –   12/11/2019        Particulars of Claim     What is the claim for –  1. The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt)   2. Despite formal demand for payment of the debt the defendant has failed to pay   and the claimant claims £209.79 and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78    What is the total value of the claim? £301.57     Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No    Did you inform the claimant of your change of address? no    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? cat debt    When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ? Online     Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No    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.  Debt purchaser    Were you aware the account had been assigned – did you receive a Notice of Assignment? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]    Did you receive a Default Notice from the original creditor? No     Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing     Why did you cease payments?  About 3 years ago     What was the date of your last payment? Can’t remember     Was there a dispute with the original creditor that remains unresolved? No dispute     Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no          
    • stick to letters.   look in the debt collection section of our library there is a pro rata letter   send that to everyone.   if they don't agree then we'll deal as and when those that do or do not reply. pay what you say when you said it to show good faith. use BACS transfer via online internerweb portal of your bank ...not DD>   dx  
    • Well I received a reply to my email and I have to say that I'm quite surprised. Maybe Halfords have been taken over by PC World/Currys.     Can we confirm that I understand that you put in all the correct details onto their website and they made the recommendation of a particular set of tyres which you were later told were not suitable for your vehicle?   Can we confirm that you have gone back to the website and you have put in the same details and has come up with the same tyres   What make is your car?
    • Hi @BankFodder and Dx100 thanks for your replies. Well nothing has defaulted yet as I had been able to make payments up until this month for everything. This/next month is when this going to start hitting the fan and I want to  The livelend loan is about a year old.  Bamboo is like a month and I've made one payment Likely a couple of months and I've made two payments.   Aqua credit card I've had for a few years and it started with a smallish limit and they kept increasing it. Say it went to up to 1600 at some point and I used it and paid it back and didn't use it and they increased it a couple of times.   I had always paid it off and had it sitting there doing nothing so they were quite happy I guess. Interestingly they actually cut the limit by 300 to just under 4000 and I got a letter saying after a review they were doing that (I don't know what triggered them to do this). It was only in June that they increased it significantly from approx 2.5k or 3000 to 4100.    Capital One credit card I think they increased it once and again I only used it once and cleared it and then they increased it slightly and I've utilised it all now. I have probably had it a year or so. Paypal credit they just offered me 2.5k limit and I used it for buying things. It was probably opened 18 months ago. I missed payment last month but paid it since. Barclays I've been with for years and am actually premier (lol) and have had loads of money going through my account but never sitting in there for long and I actually don't have to pay anything for my overdraft.   Santander I have had the account for a few years but never really used it too much, it was more of a backup current account and I used it for work once where I needed to keep some things separate. They only recently let me have an overdraft and I it up the wall this month.   @dx100uk Thinking about it I didn't have any real credit for a fairly long time aside from payday loans which I got into a trap with but paid off.    The only thing that was a major negative on my credit file was the closed Halifax account with a balance of between -£3.7k or -£5.2k depending on when they looked at it.   So what I'm saying is I don't think it was shot (though it certainly wasn't good enough to get many "normal" low-interest products.   Bamboo and likely loans are, I imagine, high risk lenders in that they will give them to people with not great credit but with that comes high interest. I think one is 60% and the other 70%! These were used to try and gamble my way out . Nobody sane would take out such loans but as I've admitted I'm deluded. Livelend they were more reasonable around 13%   I feel like I could have a chance with bamboo and likely about irresponsible lending and it doesn't hurt to ask. With everyone else (the credit cards) I think I should just write and offer them £1 a month and say I will review in 6 months (or is it 3? I forget the standard practice).   I didn't realise that considering DRO or BR was "stupid"; The amount I owe feels insurmountable and hence this is why I was considering those options...    Is it better to approach them now or wait for things to default? I don't mind if they pass them off to DCAs but I would prefer to get them to agree to freeze interest so the number owed doesn't rack up.   As I've read countless times DCAs are powerless and have to work with what I offer (which, currently, is basically nothing). I still want to bury my head in the sand but I think for my mental health it would be better to get ahead of things. I guess I shouldn't care about my credit rating now. There's no reason I need to get in this position again. I know that I need to do things in writing and refuse to talk over the phone. Are emails suitable in this day and age or do I need to stick to physical letters? I think that recorded delivery isn't necessary just proof of postage?   Sorry for the long post and I hope I have got my thoughts across.  Thanks again      
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BMW E92 - 2008 - 325D Auto Sport - Transmission issue

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Hi guys,

 

I have purchased a 2008 E92 - 325D sport - from a dealer, the car looks and drove perfectly, one issue that came up while on the motorway, it beeped followed by loss of power the amber gear wheel appeared on the dash and on the communication screen came up with "automatic transmission fault"

 

parked on the site of the road, switched on and switched off still the issues was there, on pulling away the car seems stuck in second gear. I took it back to the dealer where I bought it and its under warranty, I haven't heard anything from the dealer yet.

 

the car has 48k miles on the clock, its in really good nick, full service history.

 

as I've just bough the car, less than a week, i'm I in any postion to reject this car if i'm not satisfied/happy with the possible repair? or what should I do if I drive around and say after 2 months or more this issue occurs again, where do I stand legally as a consumer? and what action can I take, the car was 11,000 pounds and bough and I used my savings.

 

 

look forwar to hear thoughts and views as always

 

cheers

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The first thing you need to do is to get a list of the fault codes and then post on here. Takes a dealer 5 mins to do. Once you have this you're in a much better position to decide what to do.

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hi heliousuk,

 

yeah I have been in touch with the dealer, and apparently the issue was caused by a damaged clutch that connects 2 gear to 3rd and opens the box to get through the other gears up to 6th. the dealer said that they are taking the gear box out and send it over to transmission specialists at BMW, all costs to be paid by then. the will fit a new clutch, not just the second gear plate, and service the gear box, so far that's what they told me, the car they said will be ready next Wednesday.

 

I asked to have al the work documented as it would form part of the service history. lets see what they do. i'll add more information I progress.

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Transmissions specialists at BMW???? They don't have any.

 

 

They are getting the box repaired at mickey mouse motors. Insist on replacement exchange box from BMW!!!!

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Hi, yeah that's what they said, we are sending it to the BMW techs I have the email, with the garage details, its Spire of Borehamwood - just to make sure what that they are not fobbing me off i'll call this services centre and see what they say.

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I called Spire of Borehamwood, they couldn't give me any details on the part that was brought in, as its confidential, but they said that all the work carried out will be documented and I can ask or the work sheet as it shouldn't be an issue for the dealer to give me at worse a copy for my own records. on the sheet I will be able to the work that has been done.

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It's confidential as the garage is their customer not you. Unless it's a valve block change no way will a BMW dealer rebuild an Auto box, in fact I doubt any dealer will, it's just too risky these days. I have to say I'm very sceptical about this from working for them in a past life. Auto boxes now need to be rebuilt in positive atmospheres etc something a dealer just won't have.

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Thanks heliosuk - I just need to see the work that has been done, once I see the paper work then I can express a factual view. in the mean time I have joined http://www.fedauto.co.uk/index.html and have been chatting to some very good guys to get their views. on the issue that I have experienced.

one of the view was that at 8 years old and with only 48,000 miles the box could do with a service, and that is 99% the reason as to why the clutch failed, I mean again they said that BMW says that its ZF auto transmissions are sealed for life but When BMW say for life, they actually mean 6 years, All legal liability of the original supplier and manufacturer ceases after 6 years. but the ZF tech says that the box should be serviced at intervals of 3 years.

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Hi heliosuk - speaking to the dealer, the fault code that the box gave is 4F85 ratio monitoring clutch e. i'm not an expert when it comes to codes. as you seem more knowledgeable on the subject.

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There are multiple reasons for that code as from memory it's a generic one covering a multitude of faults. In an ideal world the dealer should send the car to a BMW dealer, not just the gearbox. It might be a seal issue or that it requires a service which means a fluid drain and filter change. Under European regulations the part/assembly should last 10 years or 100Kmiles however there are exceptions to this which I'm no longer privy to.

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I hear you, I'm wondering how should I approach this, I mean the local dealer seems to be doing what it should to get it fixed, I just have the odd doubt in my mind if this fault and repair will lead to further issues. the warranty is only for 30 days after which if anything goes wrong, it will be really expensive.

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All Ford dealers have 'positive atmospheres'.

 

It's the CEM training they do that does it.

 

H


40 years at the pointy end of the motor trade. :eek:

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hi Hammy1962 - not sure I follow, how is Ford relevant to a BMW auto box fault?

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hi Hammy1962 - not sure I follow, how is Ford relevant to a BMW auto box fault?

 

It was a double entandre referencing Heliosuk's 'positive atmosphere' quote.

 

Never mind.

 

H


40 years at the pointy end of the motor trade. :eek:

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