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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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Posted (edited)

Hi sorry this is quite a long story it started early at the beginning of april . i am a sole trader of property maintenance so really need my van and tools . I have a vauxhall vivaro van that developed a fault , i used to be a mechanic so i diagnosed it to the number one injector.

 

I called a local garage who claim to to be diesel injector specialists . I called up and checked with guy on the phone that they had an hydraulic puller as this is the only way to get them out , he said yes they have and if i dropped it in on tue 9th april they would have it done in a couple of hours at £55 an hour plus £195 for the injector which i thought was fair. At 5.30 on that day a chap called me to say it was not coming out and they are gonna leave it soaking overnight .

 

The next day (wed 10 th) i called at about 4.30 after hearing nothing and was told the same again .On thursday the 11th the boss called me telling me that the hydraulic puller is only a 10 ton puller and not shifting the injector and that they need a 20 ton puller (investigation online shows these injectors break at 8 -9 ton ) but he could not get one till the following tuesday which i said was no good and i would take it elsewhere.

 

On the friday i went in in the morning and they had the other puller there already so i left them to it . I called sat 13th and was told the injector was out . I called monday 15th and was told they have made a mistake and dropped some carbon down the piston bore and would call me back when it was out. I called tuesday 16th and was told they have just removed the sump and was ready to take out the crankshaft to remove the piston which i was shocked to hear .

 

This  is exactly what i was told after calling back wed 17th and thursday 18th.. they gave me a courtesy car on friday 19th which was a really old corsa and i could only put a tiny amount of tools in . My van was on a ramp with the gearbox ,sump and crankshaft removed . I asked the mechanic there what was dropped in the bore and he said something metal and that the piston cant be removed from the bottom.

 

I went in saturday 20th and spoke to a mechanic and asked if they own a hydraulic puller which he stated that they have never had one and had to hire one to pull mine out . The boss made me wait 30 mins in reception and when we spoke i told him that  if i knew he had no hydraulic puller i would have never come to him . He was very rude but admited it was his mistake , when i told him i have lost loads in lost work his reply was you and me both . i asked why he lied about the hydraulic puller but he just said he had one but lost some parts of it. Next they took the head off which required pulling the other 3 injectors .

 

I called day after day with no answers but i had to go and get something from the van on the morning of monday 29th to see the head of the van on the bench with injector number 3 broken inside , the boss wasnt about but the mechanic there said they had a trainee with a dremel trying to remove the broken one . I have rung daily mostly with no reply or no answers than today the 9th may 29 days after dropping it in and many many days lost work the boss called me and said it was ready but i need to pay 6 hours labour plus the injector costing about £600 .

 

After explaining that my loss of work is in the thousands he said no payment no van and hung up . Can anyone give me advice on the situation thanks.

Rick

Edited by Andyorch
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issue a claim in the small claims court for loss of earnings etc etc 


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They havent shown reasonable care  as professional people so you shouldnt be paying them anything, let alone an inflated bill to cover their bodges.

My brother had a similar thing many years ago with a motorbike, that was resolved by having a number of large men collecting the bike and bro then suing for the damage done. Getting your van back will be the real problem to overcome so do you have a spare key and some large friends with a trailer?

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