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    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
    • i was merely pointing out if the OP did put in an N244 it required a bundle. as for what they need to do now.... it might be an idea to post a link to your thread then the OP can read it and understand where your guidance is coming from and the ongoing process he will have to follow... dx
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Want to VT advantage finance car but it needs work


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Hi all

I had a car via advantage finance and I've had nothing but trouble.  It's been in and out of the local garage like a yoyo 

Now there are starting problems and a eps warning light on the dash. The mot is up in 3 weeks 

 

Finance company has agreed to VT but the car has to be in reasonable condition 

 

So do I pay for an mot and any work that needs to be done before returning the car or return the car and wait for them to send me the repairs bill

 

They have confirmed I have 0 to pay to return the car

Thanks

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Please can you tell us when you bought the car, was it in good condition when you bought it or has it simply deteriorated since you purchased it?

How much did you pay for the car? And you may as well tell us the make and model just in case we need to know that.

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I got the car in 2018

In good condition for £ 2400 plus the interest £1263 and fees £325

Proton savvy 2010 model 

Only 12000 on the clock

It's now got 30000 on the clock 

 

It's been a nightmare 

For the last12 months I've had problems starting it. Some days it dont start

I've had new 

Head gasket 

Coils and sparks 

New crank shaft indicator 

Battery

Rear bearings 

And still there are days it doesn't start

Now a warning light has come on which I think is traction control 

 

I have to do 60 mile round trip to work and cant afford any more time off with this damn car

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So you're saying the car only had 12,000 miles on the clock when you bought it in 2018. That seems extremely low. Are you sure that is the genuine mileage for a car which was about eight years old when you bought it?

When in 2018 did you buy?
What date did you have all this work done – particularly the head gasket and the bearings?

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Miles were genuine got the most

Bought in march 2018

All the work has been done with in the last months

I cant get another car on finance as my credit score is kaput

My employer can loan me a grand to get another car but I could end up with a duff the same 

I'm not sure just to get the work done and keep it

Nighmare 

 

Last 12 months work has been done 

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I think the best thing you can do is to get the condition of it assessed by a garage and also a quotation for the work. Then come back here.

If you end up returning it to the finance company in its present condition, at least you will have an independent quotation for the cost of repairs. You can be certain that the finance company will try to rip you off and you will then be up to challenge them because you will have your independent quotations. I suggest that you get to assessments.

These quotations will allow you to make a decision as to whether or not to have the work done and also to challenge the finance company if you decide not to have the work done and then they try to hit you with an unrealistic assessment.

On the basis of "reasonable condition", you may well find that they want the car in a very good condition. However, you bought an old car for a very cheap price and you have since more than doubled the mileage which is a reasonable thing to do. So this then amounts to wear and tear.

 

When the finance company says "reasonable condition" they have to accept that they want in reasonable condition for a car of that age and of that price. They are entitled to expect anything more.

Get the assessment of its condition and then we will help you challenge them if they start making unreasonable demands

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Be careful about booking in. You aren't asking for the work to be done. You are simply asking for an assessment and a price quotation. Two of them will be better than one.

 

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Well reasonable condition doesn't necessarily mean that an MOT must be done. If it's towards the end of its MOT for that year then that's just too bad for the finance company

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Oh ok.  Well it currently wont start to get to the shop

I think the finance company need to just get it on a tow truck and take it out of my sight and I'll deal with the aftermath. 

The problem is 3 different mechanics haven't been able to find the issue hence all of the changed parts

All in vain 

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If you don't get quotations for the work then you will find yourself in a very difficult position if the finance company decide to chase you for repairs.

I'm afraid I think it's a very bad idea to let the car go without the condition and repair bill being assessed.

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urm..sorry

you don't have to MOT it.

And

you were not liable for any of those repair bills..its not YOUR CAR.

 

advantage can't charge you a bean for anything they find 'wrong' with it.

neither can they charge you for collection of the car.

 

if they get nasty later 

simply state that in the (less than 2yrs) you've had THEIR car

you've spent £1000's repairing xx faults

and can they please refund those bills

 

 

 

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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