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    • Hello, Some might remember me I put up a post about buying a seat leon,   Anyway it has caused me hell!!   So I had a new dual mass flywheel and clutch fitted by   Formula one auto center    A couple of days later my clutch is slipping and making noises and smells, so I took it back to the garage and they have offered repair it free of charge under Warranty,   I have told them I had trouble getting the car into them for the whole day the first time they fixed it and I need my car,   I have asked them to provide a courtesy car but they refuse to provide it.   Under consumer rights act 2015    Page 23   paragraph 2   (A) do so within a reasonable time and without significant inconvenience to the consumer and,    (B) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials and postage)   They must cover the cost of this?   Thanks again    
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx
    • OK, I will do now.   I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing.     I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters?   But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf   Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.           Claimants_WS.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
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Saj33

Lowell Claimform - old vanquis credit card debt***Claim Dismissed***

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I apologise, it must have deleted the page whilst i was editing the document to remove personal details. The page with my signature is there i can upload if you want?

 

Is there anything i should be worried about?

What is the best way in your opinion on how to approach the witness statement in court?

 

Could someone remove the attachment please i will upload once i have removed personal details

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already hidden


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I apologise, it must have deleted the page whilst i was editing the document to remove personal details. The page with my signature is there i can upload if you want?

 

 

:roll:


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We had a thread quite recently Saj33 with this crew getting their claim dismissed on the grounds that their "Claimants case management " screen shots were irrelevant and not proof from the originating creditor.......you didn't enter into an agreement with Lowell ...so their self created case management prints are irrelevant.

 

If it was Vanquis screen shots and customer data...that would be a different matter.

 

Perhaps DX can recall and locate the thread.....think it was a catalogue debt?

 

 

Andy


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buzzzzzzzz...........working.........


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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still no agreement with sig part saj?? [you can blank your sig but not the date]


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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nope whatever case it was eludes my expertise..........

 

dx


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We could do with some help from you.

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doc in post 79 updated with missing signature page of CCA

 

why is the OC's sig etc been pasted in over the top? [page 12]

 

was that them or you?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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That was them, the only thing i altered on that page was my signature. Does the pasted signature look odd?

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yes it doesn't belong there

so another reason to throw the whole thing in to doubt over the 'true copy' of the ORIGINAL AGREEMENT

and its T&C's

 

I believe if you go look at other vanquish claimform threads with docs.

 

the T&C's also have the borrowers name and address up the top

your all just say us and you the borrower.

 

smells to me that the whole lot is a cut n paste jobbie by lowells designed to try an fool you and the judge.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi,

 

Just preparing for my hearing tomorrow, thank you for all your help.

 

I will let the judge lead the hearing, so far i will argue the following:

 

1) lowell have failed to provide the original agreement and they have confirmed the exhibit in the witness statement is an application and not an executed agreement. The agreement looks to be pasted ( evidence of signature pasted over).

 

2) Lowell have failed to comply with the order

 

3) The screen shots showing transactions are irrelevant as it is not proof from the originating creditor.

 

4) I do remember having a vanquis account but i do not recognise the account number or the transactions listed in the witness statement.

 

Is there anything else i should mention?

 

I am going through various threads for now.

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Am i right with the above points?

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getting there keep going


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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The only other thing i have noticed is the default letter and the notice of assignment from the original creditor do not have any logos, they are not the original letters.

 

I have never entered into an agreement with lowell, if lowell have purchased the debt, they should have all the supporting documents.

 

I do remember gaining an vanquis account however i do not remember any balance remaining on the account.

 

Lowell have failed to comply with the order and failed to respond to my cpr 31.14 request, lowell have had enough time to gain the documents requested.

 

Not sure what else i can say in my defense?

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well def hark on about that supposed signed agreement sheet

there something funny going on there with that pasted signed on behalf of vanquish box.

 

certainly backs up your whole story that its a cut n paste jobby

and that the T&C's are just filing cabinet copies without you name and address anywhere on them.

 

also, point out the bit in their WS whereby they state you admit to having the card

you didn't say that..

point out the exact wording from your defence.

 

watchout for them wanting a little chat

before you go in

smile and politely tell them to .....


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thank you dx.

 

I am done researching so will go with everything i have stated above.

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Best of luck for tomorrow Saj33...update your thread...good or bad.

 

 

Andy


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Good luck today Saj

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I am the courts, just awaiting the hearing.

 

The solicitor took me into a room and tried to talk to me and i said you do know what happens at a small claims court

 

i said yes and there is nothing else to talk about then left the room.

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Its a win!!!!:)

 

The judge questioned the order and why the claimant did not provide all the documents as per the order, the claim was denied on that basis.

 

I did not speak at all but as i was leaving the judge did say i was very lucky :)

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Congrats saj great news

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Excellent, well done 😊. You must be delighted.

 

HB


Illegitimi non carborundum

 

 

 

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:thumb: Thread title amended to reflect the outcome....well done.

 

 

Regards

 

Andy


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