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    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   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 noted. 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 noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. 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.
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Crown Motors Direct / Eden Motor Company / .


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All,

 

I’ll summarise my situation as best as I can:

 

03/03/19: Collected car from EMC Car Sales. Gearbox issues within 50 miles or so

 

04/03/19: Took car to local garage. Advised to change gearbox oil as first possible remedy.

 

05 -06/03/19: Autobox oil changed. No difference. Other major problems found. Garage supplies an engineers report advising against driving the car. Wrote formal Right to Reject email to CMD stating displeasure with the vehicle.

 

07/03/19: Supplier responds asking for casualty report from gearbox specialist.

I supply the one from my local garage.

 

08/03/19: Supplier demands a report from gearbox specialist.

 

19/03/19: I've had the car checked by an Automatic Gearbox Specialist, and they have confirmed the gearbox will need a £3000 rebuild after diagnosis.

  

22/03/19: Noted the dealer sold me the car with a "Plan 4" warranty.

 

After having contacted the warranty company, I've had it confirmed that the car is only eligible for a "Plan 3" warranty, which covers far less obviously.

 

25/03/19: Quote for repair from a Gearbox Specialist sent. £3000 potential bill. Also sent on the same date the following to them:

 

Quote

 

 “Please see attached email from Autotrader.co.uk, showing your original advert. In it, it is stated:

1 years MOT

Full Service History

Excellent Condition

The following is actually true of the vehicle:

MOT until 18/07/19

Service history until 2015

Major fault as described above

 

I was also sold a “4 Star” warranty with the vehicle. Having received the documents in the post, I have actually received a “3 Star” warranty.

 

As a supplier, you have failed to provide me with a product that is..

1.       Of reasonable quality

2.       As Described

3.       Fit for purpose

 

 

26/03/19: Received a letter back offering £2250 for the car. They suggested that their own engineers deemed the car to be of sound quality when it left the dealership. Notification of commencement of court action sent.

 

Early April: Court action commenced via MCOL website.

 

17/05/19: Local court called 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..

  

Quote

 

"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

 

 

 Judge sets a court date of mid August, as he wants to see how to proceed in light of the "mystery" discontinuation form.

 

August 19’: Court visit to find out how to deal with N.O.D. Judge accepted I did not fill it in. Saw N.O.D, 100% not my signature. Surprised no changes were brought forward for this obvious attempted forgery.

 

 Court date set for 28th November.

 

 31/10/19: I completed a N244 change request form and sent it to the court. This was necessary as:

 

A. EMC are not a limited company

B. EMC have stopped trading

 

The court have accepted my request, so the case is now against the parent company. The court and CROWN MOTOR DIRECT LTD now have all the documentation that I will personally present in court on 29th. The defendants refused mediation.

 

30/I1/19: Case won in my favour. 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. NAJJEEM KHELOUFI. The judge was saying that the EMC paperwork does not really mention CMD, so better to go after the owner.  ( Hindsight suggests CMD would have been better for the money claim ).

 

January 2020: Debt Collection Bailiffs employed to find Nadjeem Kheloufi. Ongoing to date. Several findings have comeback to me so far, but no current address as yet.

 

14/08/20: 2 x requests send to the court today: Judges Comments and copies of all correspondence relating to my case. Have also sent a request for SAR details to the Data Access address on the Government webpage. The hope is that the N.O.D form will get to me in a few days, and I’d be able to send this to the person with court case next week. ( week 34 ). Now considering changing name on CCJ to Crown Motor Direct, but will wait a while to see what comes back.

 

That’s it so far. I’ll update when I receive any information back.

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It will be interesting to see what @RudeDog13 hearing on Friday produces.

 

Whatever the outcome I think that we should discuss a concerted effort to unravel all of the identities and their whereabouts.

Are we sure that Nadjeem Kheloufi is a real person's name?  With this level of deception it wouldn't be surprising if people are using assumed names

 

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Companies House has someone called Nadjeem Kheloufi as director of Sky Car Centre in Bracknell. It was dissolved last year.

 

https://beta.companieshouse.gov.uk/officers/IF-EcQULy5iCPvyyDAJzvTlLzfI/appointments

 

ETA: There's another entry for Nadjeem Kheloufi, also born in 1983, a garage in Hook, Hampshire.

 

https://beta.companieshouse.gov.uk/officers/QJzmYKZ9nDsDpe4E9JDDkwtWh_c/appointments

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Illegitimi non carborundum

 

 

 

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Well, I have my doubts that Kheloufi is real, although the Debt Agency found an address for him from around a year ago. I've thought of employing a different agency, but have my concerns that they'll uncover anything extra. 

 

Just yesterday, I had an offer of £1750 from CMD via email. Mickel Shamir was the person offering. This was after an email I sent last week asking why I hadn't received my 5k, and threatining to change the judgement name to CMD. I have not responded to that offer, as I believe we have some positive forward motion going on here with us all. 

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Was the offer conditional?

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Yes. Their response after me sending them a screenshot of their 199k assets:

 

"This info is not up to date and is not hard fact that there are assets. The burden lies on us and we will provide all the docs. 

 

To be honest, the best that can be done is to purchase for £1750 and collect the car. If you disagree, please instruct the bailiff and we will automatically withdraw any future offers. This amount will come from a third party and is subject to a signed agreement between us. 

Yours faithfully,

Mikael Shamir"

 

 

 

 

 

 
 

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I wonder if Shamir is real.

 

Is he listed as an officer of any company?

 

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Yes, they seem to be very free with his name.  I have a sense that this is just a name which fronts for the operation

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Also Shamir seems to be a very Jewish name, to me while most of the others sound Moslem to me.

Maybe an unlikely - though not impossible combination

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  • 1 month later...

 

 

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  • BankFodder changed the title to Crown Motors Direct / Eden Motor Company / .
  • 2 weeks later...

send the TOC a copy of the court judgement

or ring them monday.

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... 

 

 

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