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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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SavoyTruffle

EMC car sales of Bagshot - 30 Day Right To Reject - Vehicle Casualty Report

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38 minutes ago, Fred clause said:

How do you k ow they have been issued this? I still haven't heard anything from the court or EMC since they requested the 14day extension. Although I have noticed my old car is no longer in there site. 

27th: Filed my claim

28th: Bar sent to EMC

28th: EMC filed defence

29th: DQ sent to EMC

 

I've heard nothing since. I've not received a DQ yet, so just sitting tight. Their reaction to our cases would appear to be different..

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16 minutes ago, SavoyTruffle said:

27th: Filed my claim

28th: Bar sent to EMC

28th: EMC filed defence

29th: DQ sent to EMC

 

I've heard nothing since. I've not received a DQ yet, so just sitting tight. Their reaction to our cases would appear to be different..

Where have you had that info from I haven't seen anything like that? 

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5 minutes ago, Fred clause said:

Where have you had that info from I haven't seen anything like that? 

On my Government MCOL page under "status".

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O right mine just states EMC have requested more time to respond think its poor that they don't have to justify why they want an extension 

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I think you can fight their "Request of Stay" I believe its called. Or "utter timewasting" as it should be known as.

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All,

 

I've been requested to fill in the N180 form. The section that says "Are you asking for the court's permission to use the written evidence of an expert?" Should I click yes to this ? I've no intention of calling up an expert to court, but I do have written evidence of one to hand.

 

Thanks

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Posted (edited)

From what the court have told me the first request is a given after that they have to pay to request a stay and the interest has gone up by 8 quid since I logged on last week. Wow at least yours seems to be moving mine is at a stand still saying they have requested more time have they appealed your claim. 

Edited by Fred clause

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They're defending the claim, but no application for extension as yet. Their comments on the form are rather amusing, claiming little chance of success by me, and requesting the action is thrown out of court. I'm still waiting on their comments regarding  the fact the car was not sold as described though. Nevertheless, my case is strong. I'm confident, if not slightly impatient. Can't believe you've heard nothing yet Fred !

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A pretty interesting and, quite frankly, unbelievable update on this case. I called my local court today for an update, as I'd heard nothing for 5 weeks or so. This is a copy of the mail that I just sent to the local court upon their request, as they'd like to move swiftly with my case. They have been brilliant and very helpful today..

 

 

 

"Dear Sir / Madam,

 

Re: Case Reference **

 

** vs. EMC Car Sales

 

After contacting your court today for an update regarding the above case, it was brought to my attention that the case status was “Discontinued by the Claimant”. I’d like to advise that I, as the claimant, have NOT applied for this case to be discontinued. Indeed, the process for this would be to fill in a form, of which I did not know existed until today. I request that this discontinuation request is removed so that the claim can continue.

 

Further investigation today by the very friendly and helpful team at has revealed that a discontinuation form had been filled in in my name and registered on 13/05/19, and that it had been signed with a signature not matching my own.

 

It is hoped that the above clarifies my position regarding this case. Please do not hesitate to contact me in the first instance if any more information is required"

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Me thinks that a pair of handcuffs may be used against the defendants! You could ask the court manager to have the 'discontinuation form' checked by the local Force's forensics team as it would appear that a very serious criminal offence has been committed. You should mention this attempted deception in your Witness Statement.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

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Thanks Gick,

 

I may just do that. I've also sent the court 4 PDF files from the defendants, all showing various signatures. When I called the court to tell them that I possessed these, they were VERY interested to receive these ASAP. The court clerk had never heard of this happening before.  

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You couldn't make it up.

Falsifying signatures on court papers.

They really have balls, don't they?

Is it because authorities let them do whatever they want without consequences?

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I've sent a few emails to the courts toady, and have drafted an official letter to them. The main subject of the letter is within the attached PDF.

EMC.pdf

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Have had phone contact from the court. Judge has sent a court date of mid August, as he wants to see how to proceed in light of the "mystery" discontinuation form. As far as I'm aware, he requires all to attend on the date. I do need to double check the attendance requirements though, as I'm not at home to see the actual letter notification.

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Any news on this Savoy Truffle

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best to create a new topic

you wont get seem here.

 

hit create in the top red banner

 

dx

 


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Yes,

 

We have a court date of 28th November. I unfortunately will be working in Helsinki at that time, so I'll need to be absent. I can do nothing about that. The question still exists as to who these monkeys are trading as, and we await the answer to this. 

 

The judge was in agreement that the discontinuation form was not filled out by myself which we all new, but I'm rather disappointed that quicker and tougher action was not admistered with that matter. Perhaps I hope for too much. 

 

Let's see what November brings. We're nearly 6 months in, so a few months more will make not a jot of difference. 

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Thanks for the reply ....I am currently going thru the motor ombudsman with a case against EMC car sales but it is a long drawn out process , been going approx 5  months and nothing yet.

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Hmmm it seems like EMC sales really do stretch the envelops when it comes to dodgy trading. 

 

I seem to be in the same boat as everyone else that has bought a car from them. Fortunately for me if the motor ombudsman doesn't come through quick enough I can take them straight to court as I exercised my right to reject before the time period expired _ they're now disputing my consumer rights. 

 

In any case, I'm planning on taking the dodgy dealings of this garage to the local papers. They've already been reported by me to trading standards as the car they sold me was classed as dangerous to drive! I'd be very interested to compile all of this evidence together if anyone would like to send me more details or their cases? Without prejudicing court cases of course. 

 

 

 

 

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OK when you start your mcol claim ensure you claim against crown motor direct ltd trading as emc car sales it's on there website, will save you the hassle I've got now I got a ccj and a writ against EMC car sales. 

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Funny story, so I've discovered that I have legal cover on my house insurance so I'm now getting legal advice they are going through my case file and evidence and are going to look into the process to amend the judgement. 

 

Another tip check with car insurance house insurance and breakdown cover for legal protection AA breakdown cover offers legal assistance but not cover. 

Also please all submit complaints to dvsa and citizans advice. 

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Ah OK. I'm a member of Which? Legal, so covered there. Good luck with yours Fred. 

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How have they been for you I was considering joining them but wasn't sure what sort of cover they offered? 

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Pretty good Tbh. £30 joining fee then £8 per month. If they keep me right then it's money well spent. 

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