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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes 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? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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Ford Evans Halshaw dealership refusing to cover vehicle with warranty **WON 100% covered**

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I have this quotation saved out in PDF format, and it is ready to go to Evans Halshaw.

 

Before I send, just a quick update after my contact with Barclays partner finance - so as mentioned earlier in the thread, Barclays technically own the vehicle, I paid £3k directly up front to Evans Halshaw, and roughly £3,500 on finance with Barclays Partner Finance (BPF).

 

I spoke to someone today in their complaints department, whom I outlined the situation to, informed them that I have a quote for the repairs from the current garage, and that I had sent an initial email to Evans Halshaw stating that I am holding them responsible (along with the details). The woman at BPF seemed very keen to help with this situation, and I obtained direct contact information for that person, telephone and email address, and specified email as my preferred contact method.

 

She requested I forward the quote from Marshall Ford to her, to which I have done, and she said she will get this complaint set up ASAP, contacting the supplier, Evans Halshaw and Marshall Ford too if required.

She informed me that the intention for Barclays, will be to attempt to get Evans Halshaw to cover the repairs, and if not, an option could be to reject the vehicle essentially, returning it to Evans Halshaw and agreed with me that the vehicle indeed, is certainly not up to the expected quality.

 

The call was recorded too.

 

Now that I have an email contact at BPF, I can CC them in on any dealings with Evans Halshaw too. Do you recommend now still to send the quotation over to Evans Halshaw, giving them an update on the situtation now that the engine needs replacing, and CC in BPF?

 

Also, yes, I have an integrated masters degree in Mathematics. Any reason you ask?

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I think that you should certainly send all the information you have to Evans Halshaw. Keep Barclays fully appraised as well. Whether or not you should let this delay the sending of an LBA or the commencement of action against the seller, is another question. I know that you have had a very positive response on the phone from Barclays, but the person you spoke to properly isn't in a position to make decisions and of course they are customer-facing staff and so their job is to engage with you and to give you some feel-good.

Personally I think I would keep on at the seller and stick to the plan. Have you checked the cost of starting a legal action?

 

If Barclays come up trumps then that will be all well and good but there is the risk of quite substantial delay. I can't imagine that Barclays are in the business of making rapid decisions and of course you don't know that a decision is going to be in your favour.

 

Suing the seller is something I'm familiar with. Dealing with this kind of thing with the finance company is something that I'm not familiar with. I would prefer to go with my own instincts – but I can't guarantee that it's the best possible way forward – although it's not at all a bad way forward.


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Yes, I will go ahead with sending over the quotation, and will include Barclays in the conversation. As you say, Barclays don't necessarily have to act quickly - she stated that they will act as quick as possible and the maximum delay for an outcome would be 40 days, so it doesn't souns promising that it would be fast.

 

She said she may well be able to sort out a courtesy car in the meantime which would be wonderful too.

 

I certainly see no harm in continuing my conversation with Evans Halshaw as long as Barclays are informed. It may encourage Barclays to deal with my case before others too I would figure.

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Which is why I or we need the VIN

 

H

 

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Have you checked the cost of starting a legal action?

 

Sorry, missed that.

 

Yes, so, I read through some of the documentation I found online, and had a look at the money claim online site too, set up an account to familiarise myself with the actual process and the different details needed there too.

They list fees in a handy table, and also works out that doing it online offers better fees than doing it via paper form.

 

Fee to issue the claim, for a claim of between £3k and £10k, would be £185.00, and then if the following events lead to an actual hearing, the trial fee would be £335, for any claim of over £3,000. Any such fees incurred would be reimbursed by the defendant, Evans Halshaw assuming a victory I presume would be standard practice?

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Yes, if you one then the compensation order would include court fees – and also reasonable costs of travel.

 

Have you itemised your other losses?


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Bar the odd bus journey, there haven't been any substantial losses otherwise as I've been able to get lifts to and from work - mainly it's been the inconvenience of it all.

 

I will keep records and receipts of anything that does arise though.

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So you have a Fiesta with a Sigma/1.25L Duratec-16V (60kW/82PS) engine in it. This engine has an accessory drive belt and a cam-belt. The cam-belt is behind a cover which appears to completely enclose it. The accessory drive belt is on the outside of this.

 

The service schedule reads :-

Camshaft drive belt Every 100 000 miles/8 years - Renew (LTS 21 304 9)

Auxiliary drive belts Every 100 000 miles/8 years - Renew (LTS 21 567 5)

These are described as scheduled maintenance items.

 

But, and it's a big but, the warranty also states :-

The following items are covered up to the first scheduled service or for 12 months from the date of first registration, whichever occurs first:

 

• Accessory drive belts

• Gaskets removed as part of associated service adjustment

• Oil and fluids

• Oil filter element, air cleaner element, pollen filter or fuel filter element

• Remote control battery

• Spark plugs

 

So, if the cam-belt breaks and damages the accessory drive belt, that is covered under the warranty. If the accessory drive belt fails and damages the cam-belt, then its not.

 

1. Get Marshall's to say it was the cam-belt which failed consequentially damaging the other components.

or

2. Get the Leasing Co. on to EH Bedford.

or

3. Start your court action but be careful because i think you might not win it.

 

Hope this helps

 

H


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

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1. Get Marshall's to say it was the cam-belt which failed consequentially damaging the other components.

H

 

They are adamant the damage was caused by the aux/drive belt and pointed to evidence to indicate this, so unfortunately that isn't going to happen.

 

Barclays have already been contacted and they are opening their investigation and will look to contact their direct contact at EH head office.

 

With regards to court action, I don't think the consideration of warranty would come into the matter at all if I understand correctly, that my statutory rights under the CRA would still apply, as clearly the sold vehicle has not been of sufficient quality, whilst it has done 40,000 miles, (40% the life of the belt), I was also sold it at 30,000 miles and it obviously should have been of better quality to not cause this current situation - but maybe I am missing something to your point.

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I just wanted to arm you with the facts. How you proceed is your decision. Serviceable items can and do fail. it doesn't necessarily follow they are poor quality or not fit for purpose in the eyes of the law.

 

Good luck

 

H


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

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I just wanted to arm you with the facts. How you proceed is your decision. Serviceable items can and do fail. it doesn't necessarily follow they are poor quality or not fit for purpose in the eyes of the law.

 

Good luck

 

H

 

Thanks for the help! Just wanted to clarify that last point, that's all.

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Whoa there, no need for CRA, Court, SOGA LBA's, Vigilante depositions, Letters to the Finance Co. or anything like that, massive over-reaction.

 

Surfer1, sorry but that is absolute cobblers.....................................

 

H

I am 100% correct. Check your facts. The consumer cannot claim for labour and parts from the manufacturer. Only the supplier can do that.

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Following on from emailing over the repair costings and information to Evans Halshaw, and informing them that Barclays are also involved to Evans Halshaw indicating that I was looking for an urgent and immediate response.

 

I received another generic reply from a different member of the customer care team there, just apologising that my issue had not been resolved yet and that she is going to chase this up, and reminded me of the 3 working day policy. If this is adhered to, I should get an actual response tomorrow as my original email was sent Monday.

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That's good.

 

Don't forget though that "company policy" is not binding on you. It is just the way that they like to do things and it's convenient for them. However, the idea of "policy" is often used to make customers believe that they are bound by whatever that policy is.

 

It is often amusing to asked to see the policy document. You will normally find that they aren't able to show you one – because one doesn't actually exist.

 

My own bank – Lloyds – even told me once that I was bound by their policy but they were prepared to show me the document because it was confidential!

 

Go figure.


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I imagine a lot of the time customers feel as if the company is already working on it and they have no reason to make further contact until they receive a response.

 

Seriously though, trying to force you as the customer to adhere to their policies as well as stating that it's confidential! That's remarkable, ha.

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Well, Evans Halshaw missing their own 3 day policy may well be a gauge of how serious they're taking this matter. No email response from them, over 3 days since I initially contacted.

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Well just make sure that you don't miss the deadlines that you set.


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Why did you buy such a high mileage car in the first instance? 10-12000 mls / anum is average mileage so the car may well have been hammered by previous owner.

Perhaps the price paid reflects the mileage?

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Well, unless I get contact early Monday, I will be sending them an LBA on Monday. They have completely just played delaying tactics so far, not even meeting their own 3 day policy.

 

Hopefully then they'll actually honour me with at least some kind of response, but obviously at this stage, I am fully committed to going through with court action.

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no surprises, quite frankly.

I expect that they will treat you seriously once they get the court papers


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Few quick questions:

 

For the LBA, would sending via email be sufficient, or should I send by post, or both?

If sending by post, I should be serving to their head office, rather than the specific branch I'd assume too - and addressed to whom in particular?

With regards to documents I'd be using as evidence, I've read a few different things, should I be including copies of these documents, or simply listing?

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Email and recorded post.

No need to send docs at present.

 

More later


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I sent letter by recorded delivery and also saved out a PDF version of the letter attaching it to an email and sent that over.

 

No traditional acknowledgement email back from their customer services so far.

 

Received an email response stating:

 

"We’re sorry to hear that your issues haven’t been resolved.

We will chase this up for you today and someone will contact you shortly"

 

Will be interesting to see what they say.

 

Okay - update:

 

Evans Halshaw customer services pushed the issue to someone at the Bedford Dealership, who called

- he acknowledged the letter that he'd seen through the email chain, and wanted to discuss it with me, and get an understanding of the situation.

 

He said he doesn't understand why I am going after Evans Halshaw, and mostly denied responsibility, bleating about warranty.

 

 

I stood my ground claiming several times, regardless of the warranty, my statutory rights under the Consumer rights act still stand and therefore I am holding Evans Halshaw responsible.

 

The guy seemed shocked, and kept on acting strange, I believe trying to sway me to believe it is Ford I should be chasing after for the warranty, but of course I didn't back down.

 

I told him to read the diagnosis and information sent over from Marshall Ford, which I discovered he hadn't read, despite being in the email chain and referenced in the letter too.

 

He said he will contact Marshall and also speak to Ford, and see what he can do, saying he will get back to me today or latest some point tomorrow. I recommended he emails me any information since I am at work - to which he agreed.

 

So nothing as of today, expect a response tomorrow

- he seemed to firmly believe Ford should cover it, at least to a large contribution of the cost.

 

 

We'll see. Suspect he may just try to delay, but they may push Ford a lot more than Marshall if he is genuinely worried about it going further.

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Good. Stick to your guns and make sure they understand the clock is ticking.

 

If he still carries on and says that you should be suing Ford, telling that you will be suing him and that if he so sure it's Ford then he can join them as a second defendant but that's his business. Warn him that he's going to lose and also he is destroying the reputation of his own company on the Internet.


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Useful advice - thanks. I guess the overall goal is to convince them I am seriously going through with this, and will not back down, encouraging them to act sooner.

 

This all should be easier when dealing with him in an email conversation too. Assuming they do get back to me tomorrow, I'll update the thread with the response.

 

Also, no word back from Barclays yet, I'll make a call to them on the direct number I have for my case manager there, to get an update on anything from their perspective and to let them know what's occurred.

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