Jump to content
  • Tweets

  • Posts

    • Thanks Dx. Amended defence set out below. Does it look right now?   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of claim are vague and 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.     2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.     3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.     5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.   6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.     7. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. 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 82 A of the Consumer Credit Act 1974     11. 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.  
    • I'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.   I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG and pep in this case.    
    • not sure what happened to the statint sheet...looks like you over wrote cells.   so they have already litigated over this debt ?
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
    • Any time limits AZ might spout are simply arbitrary, the ONLY thing you need to be doing is informing them ''in writing'' of your new address.   Also ensure your CRF is updated and showing your correct address also.   When you send AZ the letter which needs only to be one line......   Sir/madam.   My current address is No.1 Mickey mouse street blah blah blah, please update your records accordingly.   Regards   And obtain ''proof of posting'' which is free from the po counter, send it 2nd class post.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Recommended Posts

Posted (edited)

Hi all,

 

New to the forum, so please feel free to move the topic if needed.

 

I need a little help with a used car:

I bought an 04 BMW from a dealer about 2.5 weeks ago. It cost £1,600. I gave it a test drive and it seemed pretty decent so paid via bank transfer and took it home. The issue started when I took it on a national speed limit road as the car started to sway on the road. I reported this to the dealer and he agreed to fix the issue. He took it to his mechanic who informed him that it was the drivers side hub. They didn't have time to fit it so gave me the part and the option to use a local mechanic. The mechanic agreed it would be causing the sway, charged me £80, which the dealer refunded to me. 
The car was improved but we went on a short break over the last few days and I drove the car about 35 miles away. The issue now is there is a rumbling sound, noticeable on motorways and it doesn't feel particularly safe, especially over deviations in the road. As the swaying was the main issue I can't say if that rumbling was there to begin with.

 

The dealer has been fair to me so far in refunding me the money but he did admit he only test drove the car and it wasn't checked over fully when I took it back the first time. My mechanic said the play on hub was so bad it should never have been sold in that condition. I have messaged the dealer this evening explaining the issue but he has been a bit defensive saying the car does not have a warranty and he has already spent money on repairing it. He will need to speak to his manager and get back to me.

To be fair to him he has attempted to repair it but for me he should never have sold it without it being mechanically checked over. 

What do people make of this? What are my options if he won't budge and I need to take it further. I would like a refund rather than another repair as I feel I have been pretty patient so far. At the moment I have a car that isn't safe and I can't afford to take a £1,600 hit in my pocket.

 

Many thanks,

 

Mark.

 

Edited by Mazzone10
Link to post
Share on other sites

This is a tricky one, BMW's , wide wheels, low profile tyres, stiff suspension over deviations, German Cars are known for that.  It might have winter tyres on, that would cause a rumble. My Volvo is also very weird like that.  It could also be a wheel bearing, which isn't expensive but would need to be done. Why not take it to your mechanic for a an inspection, or the AA/ RAC also do that.  I've learnt the hard way that's what you need to do before you buy the car, 

 

What BMW is it?  I would only buy this brand of car at that age if it had a full history of every service and everything that has been spent on it during it's lifetime.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Thanks for your reply.

 

I don't have the money to get the repairs or inspections done to be honest. 

 

It's a BMW 1 series.

 

I've learnt my lesson.

I was having a pretty hard time with my health to be honest at the time.

I bought it as a present to myself but was too trusting. 

Link to post
Share on other sites

Within the first 30-days under the consumer rights act you have the right to reject your defective vehicle and to insist on a full refund.

I suggest that you do that. You need to write them a letter make sure that it is delivered by recorded delivery and asserting your rights to reject the vehicle under the Consumer rights act.

Even if you don't eventually want to do that, sending the letter now will reserve your rights so that you can enforce them later if necessary.

 

One thing you should not do is accept some money in lieu of the problems because that then will amount to you having sold your rights.

 

Send the letter immediately and we will take you onto the next step.

 

it really sounds to me as if you have bought yourself a load of problem. It is a good thing that you are reacting early on in this purchase. This means that you can use the available statutory rights to your best advantage.

 

 

Link to post
Share on other sites

Thank you very much for taking the time to reply.

 

I will draft a letter this evening.

They keep mentioning the fact the car was sold without a warranty but what I've read that seems irrelevant.

 

Why do these car dealers play dumb when it comes to the rights of the customer?

Surely they must be aware of them?

 

What I am worried about is they have ticked a box on the sale sheet saying "No warranty taken by the customer, it is understood this is sold on a spares or repairs basis'.

 

I paid market value for the car and this wasn't on the original advert.

I must have missed them ticking this when I transferred the money.

Link to post
Share on other sites

doesnt matter.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

Who would I address the letter to?

 

The website says "Canalside Motors' as does the invoice. I have just checked and there is a Limited Company operating from the premises called 'Perry Barr Motors'. I do not have the individuals name.

 

I've seen this on those bailiff shows where they will try and wiggle their way out of paying by using different operating names.

 

Thanks. 

Link to post
Share on other sites

Hi all,


Sorry to duplicate/bump a post.

I need to get my rejection letter out in the next few days but need to know who to address it to.

The dealer on Autotrader is listed as Cansalside Motors and on their website. I have searched their address in Google and a Limited company comes up as 'Perry Barr Motors Ltd'. I was told there are two different businesses operating from the same premises by the dealer, I'm not entirely convinced of this though.
 

There is no business name on the receipt he gave me.

 

I do not know the individuals name. Nor will he give it me.

 

If anyone could help on this I would be grateful.

 

Many thanks,

 

Mark.

Link to post
Share on other sites

Hi.

 

I've merged your old and new threads, please don't start new ones about the same issue. I've also amended the title a bit.

 

Do you have an invoice from the company from when you bought the car? It may show other trading names.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites
  • honeybee13 changed the title to Used car issues

Sorry about that. I'm panicking a bit.

 

I do have an invoice but it's a general one. There is no name on there except mine.

 

 

Link to post
Share on other sites

Right, I can see that Canal Side Motors are at the same address, but I haven't found them on the Companies House site so far. Perry Barr Motors has one director, Muhammad Saqib. They don't have any other directorships listed for him. You can see that if you click on the blue tab People on the page I linked to.

 

As you say, Canal Side are on Autotrader and most of the reviews are good.

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites
6 minutes ago, honeybee13 said:

 

This is the thing. I don't know. I was told there were two traders at the premises. They trade as Canalside Motors but could be under that Limited Company. 

 

Their website doesn't list the Limited Company.

 

Thanks

 

Mark.

Link to post
Share on other sites

Other people will advise on what to do about the two companies, one address issues. It's worth digging around the internet to see if anyone has posted more information about the company.

 

Being picky, I see it's written Canal Side as two words. It sometimes affects searches. Google doesn't have any reviews for it so far.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Thanks.

 

This is my worry. They could be hiding behind one of those companies.

 

It was a bank transfer to "Canalside Motors".

 

Too trusting. Annoyed with myself.

Link to post
Share on other sites

Canalside or Canal Side please? So that was definitely the name on the account you sent the money to? Were you encouraged to use a bank transfer in preference to other ways to pay, or was it your decision?

 

Sorry about all the questions.

 

I've flagged your thread to the site team so that people with more experience of this than me can have a look.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I've just checked my bank and the account was CSM Motors. That's the name I was given.

 

I was told to use a bank transfer or cash as he did not have any other method of taking payment.

 

PS thanks for your help.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...