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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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flower2

The Financial Repayment Service CMC claimform - PPI reclaim fees

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Any help/comments on my defence would be greatly appreciated,. I need to submit at the latest on Monday

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What is the claim for – 

1.Unpaid claim management fees in accordance with the attached invoice in the sum of:- £641.84.

Interest pursuant to Section 69 of the County Courts Act 1984 at 8% per annum amounting to the sum of £0.14 per day from 5th September 2019 until 11th October 2019 amounting to £641.84 + £5.18. Continuing interest at £0.14 per day from the date of issue until judgement or sooner payment

 

 

######Defence######

 

1. 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. 

 

2.It is denied that any of the amounts stated are due under any contractual agreement.

 

3. On receipt of this claim We requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 7th November 2019.To date we have not received the requested information.

 

 4. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.Therefore with the court’s permission the Claimant is put to strict proof to :-

 

a) Show and disclose and quantify how the Defendant owes the amount in the claim;

 

     Reference S-1002591 from the FSCS confirming the rejection.

     Letter from the claimant dated 8th October 2019 confirming the above .

 

b) provide a copy of the agreement and Terms and Conditions

c) provide copies of telephone conversation with Michael Cooper 10th July 2019 and 1st November 2019.

d ) copy of the signed acceptance form for any redress from Eurosail.

 

It is brought to the court's attention that all the above have also been previously request by way of the claimants Pre Action Protocol dated and returned to the claimant solicitor/director on the 25th September 2019. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

5. Therefore  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.
 

 

 


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Thank you very much Andy.

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I have today received a letter from the solicitors saying CPR 31.14 doe snot entitle us to the documents requested.

 

Also that they will now proceed to sign judgement as the time for the defence has expired, but I have just checked with the court and the defence was sent on the 18th & the expiry was the 19th.

 

Where do we go from here?

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what a load of tripe ..ignore them.

 

they don't sign any judgement..thats for the judge to decide if it ever gets infront of him.

 

cpr does apply, I bet they are saying it doesn't apply to small claim track?

well the case hasn't even been allocated to a track yet!!

 

if the above is what they say and not your misunderstanding of legalise ...

then i'd pers be thinking they are desperate and they know its gameover soon for them ..


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.

I did wonder as when I spoke to Salford they said it takes 4 days after receiving the defence via email. I would have thought a solicitor should know that,

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Advice please.

 

We have now received notice from the court

1. this is now a defended claim

2. the defendant has filed a defence copy of which is enclosed.

    It appears that the case is suitable for allocation to the small claims track

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims directional questionnaire (Form N180) and explain why.

 

We have also received a form to use  the mediation service.

 

We need to return to the court by the 11th. (we have been out of the country and only just received, so time is of the essence) 

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Both std letters in the process

 

use our search

n180

As long as its come from the court not the fleecers


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

 

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