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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are 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.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as 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 credit Act 1974.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. 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. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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SavoyTruffle

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

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Thank you for the advise and screen shot I will make a claim and inform insolvency so hopefully they get investigated and never be allowed to trade again under any name. 
 

I hope everyone gets there money back 

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If you go down the mcol route ensure you use crown motor direct ltd and none of the trading as names, if you paid any or all of the purchase price with finance or credit card contact them straight away and ask for a section 75 claim form you must have paid £100 o more on your credit card for this type of claim and they are them responsible for the full purchase amount not just the amount you paid on your card. 

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I won my case. Decided after an hour of court. Only myself and the judge were present.

 

The money claim is against the owner of EMC, which the judge changed there and then. I'm imagining that this is going to cause me a whole new set of problems, seeing as how EMC are not trading anymore. So although the main battle is won, I still have this carry on to deal with. 

 

Let's see what happens over the next few weeks. if they had just accepted my right to reject, it would have saved me a ton money and time. They're are also having to pay much more to me than the purchase price of the car, so they're out of pocket too. 

 

EMC, over to you to do the right thing. This will not just go away, and I will get what's owed to me..

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Nice one mate so is it against the ltd company or the owner himself. 

 

Did they send any kind of defence to the court. 

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The owner himself. He sent a defence in, but it was a 1 page fairly poor effort full of half truths and lies.

 

The judge was saying that the EMC paperwork does not really mention CMD, so better to go after the owner.

He was very, very helpful and 100% behind me.

 

Now to find this elusive owner.

I have all of his details so the challenge is on.

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I'm just waiting for the court to issue a CCJ now against CMD. Their reply to the court, admitting that they owed the money, they said that they were now trading as Chobham Central Garage. A Mr Dave Cohen is the manager. 

 

Send any correspondence to Mr Ahmed Alwaheeb (the listed owner of CMD) care of Mr Dave Cohen at Chobham Central Garage. 

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Nice one if you go the high court enforcment route I can recommend Penham Excel they may not have got a result for me due to the admin error by me, but kept me informed all the way through the process. And made the whole thing really easy. 

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Use the sheriffs officers

 

 


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