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    • Interestingly I've just had another alert on my Clear Score report:   Upcoming Updates A new credit or store card will be added to your January report. Organisation Name: BAIA0090 Account Number: ****9048 Company Type: finance house What does this mean? This could mean that you’ve recently opened a new account, or it might be because a lender has just shared some information relating to an old account. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. If you apply for credit now, lenders will see this update on your Equifax credit report. Now, this looks very much as if Hoist have taken my agreement off and transferred it to whoever BAIA0090 are.  I've not seen any new notice of assignement or anything.  
    • Sorry i am Not putting details in here.This bank i did have an account with in 1993.That is the last time i used them. I am going to let them ccj me. I am not going to even think about this any more.My bin will get the letters and my door will be ignored. Thank you for the interest but i will waste these #Ankers time for another 6 odd years while i get my mind right All the best
    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   2.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.   3.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 £2792 2. 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.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.6.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. (Defence mainly taken straight from Micky the Hippo's similar defence)
    • On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 
    • The letter from Drydens is asking me to respond to their letter:   "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."   Obviously I don't want to ignore it. 
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Alex.c

Second hand car, head gasket broken after 2 weeks

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Hello. My name is Alex, I bought a Skoda Fabia 1.4 mpi on the 12 of september for 600£ from a local car dealer. I checked online and has MOT until aug 2017. He said he won't give me warranty as he only does for cars worth over 1000£ but if I have any problems to just go back to him. Aftet 2 weeks after a 15 min drive it started to over heat. I stopped and checked coolant level, and then took it to the nearest service. They told me it's the thermostat and head gasket and it would cost me over 400£ to fix it. I called the guy who sold me the car and he said he would take it to another shop. The problem is that I believe he should support the cost of the repairs or give me a refund for the car as only 2 weeks have passed since the purchase until it had broken down. What is my next legal step if he does not want to do either?

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Doesn't anybody have any advice? I would like to know at least if I have the right to claim anything from him. Beeing the head gasket that has broken some may argue that I caused the fault.

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You need to be quick as you need to reject the vehicle in writing to the dealer within 30 days from purchase

 

When you buy a second-hand car from a dealer, you have the right under the Consumer Rights Act to expect the car to:

  • be of satisfactory quality (taking into account its age and mileage)
  • meet any description given to you when you were buying it (whether in the advert or in discussions prior to sale)
  • be fit for purpose (for example, to get you from A to B safely)

The warranty excuse is crap as well from the dealer. One to three months warranty is a common period used by traders is not because that is what they have decided is fair but its because they know thats generally what a court would decide is fair

 

 

How did you pay for the car??

Edited by obiter dictum

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I paid 395 by card and 200 in cash. Does it make a difference?

I am thinking that he could say that I damaged the car and he would not want to repair it/refund me.

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Ok, but proof do I take to the bank?

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Sry, what proof do I take to the bank?*

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You can claim the entire amount with a section 75 not just the part paid using the card, so you claim back the £200 as well as the £395.

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dealers think they can fob people off saying no warranty but by law it doesn't matter as you can claim for repairs or cancel the car in 6months

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The invoice I have from the seller says "test driven, checked, teade sale as seen, all future repairs will be done by the buyer". Does this cancel my right to a repair/refund?

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old hat that one, - no applicable any more


:mad2::-x:jaw::sad:

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What do you mean?

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new regulation brought in, go claim back from your bank as post 8


:mad2::-x:jaw::sad:

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Ok, so I called the bank for a charceback (because it's a debit card) and they said I need the receipt wich I have, a report from the service wich they gave me and proof that I returned the car. How do I get that?

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Guest roaringmouse

Trade sale huh? Well, unless YOU are a trade sale, it is not a trade sale is it!

 

As you paid by debit card and not credit card, the bank is not liable unlike a credit card company would be.

 

Letter before action stating you reject the car, then sue for the full refund via County Court.

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Do you know how much that would cost? Just to know if it's worth it

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Guest roaringmouse

Court fee is £35, which is added to the total they have to pay if you win (which you will).

 

If you made ANY repairs (even a light bulb) add those costs on. Ideally you want the claim to be in excess of £600* before court fees. You also charge interest at 8% per annum. The online form is easy but ask here if you get stuck, BUT write to the deal;er first and give them 14 days in which to pay. mark your letter 'letter before action' and send it by signed for service.

 

Keep the letter to the point and say that you are rejecting the vehicle and that you want a full refund within 14 days or you will without further notice issue county court proceedings.

 

Ask here BEFORE doing anything else.

 

*£600 is the amount above which you can transfer to the high court if you win and the dealer does not pay - google 'meet the sherifs' and you will see how effective they are at collecting the payment, especially from car dealers.

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Guest roaringmouse

My mistake, court fee is £60 for that amount, but otherwise as said above.

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Any progress in this Alex ??

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I sent him a faulty goods complaint letter stating that I want a refund. I am waiting for his response.

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Did that 'faulty goods complaint letter' say you were rejecting the car per regulations ?

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It says rejecting in accordance with consumer rights 2015.

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Is that alright?

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Yes, that's fine. As long as you have used the word rejecting, there can be no confusion.

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I used a template frim citizensadvisor so that word isn't actually in the letter. It says I want a refund

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