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    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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Roadstar Autocentre - i've raised a Court Claim re: terrible service after wrongly fitting a turbo


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It's not necessary to see an invoice.

You will have to figure out how much you paid for the installation part of the work which was carried out – because that is what you want to claim back. If it's not clear what proportion of the bill was in respect of the installation, then you will probably need to get some outside opinions – independent opinions – as to the cost of an installation. It would be better to understate the value then overstate it – because if the cost is not clear then that could become the subject of a dispute if you take this to court.

You will be better off identifying an amount of money which you could reasonably attribute to the cost of installing the new turbo – and which will be supported by independent evidence – and which will be accepted without much question from the judge.

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The letter has far too much in it – some of it is not relevant – and apart from anything else, if he didn't comply with the various things that you are saying, you wouldn't know what to do about it.

Ive received a notice of issue from the court. The claim was issued on the 2nd december. the court sent it 1st class post to the defendant  and it will be deemed to be served on the 7th december.

MCOL should send you a copy  N180 next  look in the legal section of our library.  

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Ok. On the invoice I'm quite sure they've stated 5 hours labour for installation. So I'll go with that amount. 

 

I'll tweak this template I have later and show you asap. Thank you for your time.

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"Quite sure" suggests that you're not completely sure and that you are guessing to the best of your recollection.

Don't.

Be sure.

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21 Upper bridge road, chelmsford, CM2 0AY

Roadstar LTD, new writtle street, chelmsford, CM2 0LF

Dear Jon sharply 

Reference: Faulty turbo installation

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

 

At the end of 2019 I asked you to check my vehicle for problems. After leaving my vehicle with you at your request, you could not find any problems and told me to take it to ford. Ford provided a list of problems, one of which was that the turbo had stopped working. I asked you to replace it. Immediately Upon receiving my vehicle back, a high pitched screaming emitted from the engine area. You sent the mechanic who fitted the turbo out on a drive with me and he told me to my face he could not hear the high pitched screaming coming from my engine. I emailed you to ask what was going to happen and you completely ignored me. I called you and you told me it was nothing to do with you and not your problem.

 

From you I am claiming: £480 for 5 hours turbo installation

 

I have calculated this sum: From the amount stated on your invoice.

 

Listed below are the documents on which I intend to rely in my claim against you:

Invoice from an independent garage who repaired the faulty work you’ve done

 

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

[List any documents you want from the party you are claiming from]

 

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. (NOT SURE ABOUT THIS?)

 

I would invite you to put forward any proposals in this regard. 

 

[Alternatively you can set out details of any ADR scheme that you would be prepared to use]

 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

I look forward to hearing from you within the next 28 days. 

 

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully,

 

 

 

hello. ive had to copy and paste this as i can seem to use word - it didn't look like this before i pasted it. Am i on the right track?

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5 hours ago, gavino76 said:

hello. ive had to copy and paste this as i can seem to use word - it didn't look like this before i pasted it. Am i on the right track?

 

sorted for you

 

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... 

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The letter has far too much in it – some of it is not relevant – and apart from anything else, if he didn't comply with the various things that you are saying, you wouldn't know what to do about it.

The best thing to do is to keep it simple.

 

Quote

Dear XXX

On XX date I left my vehicle registration XXX to investigate for certain problems. You reported that you were unable to find anything wrong. You recommended that I take it to a Ford dealership.

The Ford dealership reported that amongst other things the turbo had ceased to function – which you had not discovered.

I returned the vehicle to you and asked you to replace the turbo. You did so and charged me for the turbo £XXX and also £XXX Labour for installation.

Within a short time the turbo unit started to make serious noises but when I telephoned you about it you told me that it was not your problem and that you wouldn't do anything about it.

I have since had to take the car to a another repairer who discovered that the turbocharger had been incorrectly installed. They were obliged to remove it and reinstall it correctly and it is now working satisfactorily.

This means that I have unnecessary paid you £XXX for the installation of the turbo.

I require the refund of this money.

I have tried to engage with you on this but you have declined to become involved.

If I do not receive a full refund within 14 days that I will sue you in the County Court and without any further notice.

Yours sincerely
 

 

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I hope you won't mind me saying that when you draft letters or documents, you should be using words and phrases that you understand and that you understand the impact of – and in that way you will be confident and in control. If you simply cut-and-paste stuff from other sources that you don't really know what they mean, then it will look as if you are making up as you go along – and you will never have confidence in what you do.

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Thanks. Yes you're right. It was a template on which? I thought there was certain things that had to be said.

 

Ok so I'll add my details, and send by recorded post?

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If you don't understand what you're saying then don't say it.

 

Yes recorded post is a good idea

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Dear jon

In December 2019 I left you my vehicle to investigate for certain problems. You reported that you were unable to find anything wrong. You recommended that I take it to a Ford dealership.

The Ford dealership reported that amongst other things the turbo had ceased to function – which you had not discovered.

I returned the vehicle to you and ask you to replace the turbo. You did so and charged me £742.50 for the turbo and also £480 Labour for installation.

Immediately after i drove it away from you the turbo unit started to make serious noises but when I telephoned you about it you told me that it was not your problem and that you wouldn't do anything about it.

I have since had to take the car to a another garage who discovered that the turbo had been incorrectly installed, They were obliged to remove it and reinstall it correctly and it is now working satisfactorily.

This means that I have unnecessary paid you £480 for the installation of the turbo.

I require the refund of this money.

I have tried to engage with you on this but you have declined to become involved.

If I do not receive a full refund within 14 days that I will sue you in the County Court and without any further notice.

Yours sincerely
 

gavin 
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Head office might be best

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  • 5 weeks later...

hello there.

 

So i have a receipt for proof of posting for the letter we have spoken about. Date of posting is 17th Nov.

 

I have had one missed call from the garage and that's it. can you let me know what i have to do next please?

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Sorry, I'm not sure where you are on this. It's been so long since you engaged with this thread that I rather lost track.

Can you explain exactly what you've done so far.

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oh im sorry about that. i didn't want to constantly bombard you. Ive done as you said, and sent a letter to the garage by recorded post. the letter was written exactly as above.

 

ive had a missed call and that's about it

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A number of things:

First of all, are you referring to the draft letter of claim which you posted up here on 30 October – a month ago? If so, then when did you send it?

Secondly, if you have sent a letter of claim giving 14 days and the deadline which you set out in the letter has expired, then why haven't you moved onto the next step? Haven't you read around this forum about the steps required to begin an action in the County Court so that you are ready to go the moment that your deadline expires? Do you understand the steps that you need to take? Have you registered on moneyclaim online?

We give advice here but it is a self-help forum and part of the deal is that we help you for free but in return you have to read around to understand where you are and what your next steps are. This means that you join in the effort with us and also you will gain confidence by understanding what to do rather than having to ask us for answers all the time.

So please let us know what date you sent the letter – and if you have registered with the County Court website – moneyclaim.

Finally, you sent us a very generous donation. Thank you very much indeed. It's appreciated very much – but I have refunded the money to you. I think that you sent it to us by way of an apology for bothering us but you're not bothering us and that's not what donations are for anyway.

What would be really helpful is if you would make sure that you understand all the steps and that you engage with the thread properly.

If you get a result – and I expect you will if you are tenacious and persistent about this, then you can certainly give us a donation if you want – and we will be pleased to accept.

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Hello.

 

yes, im referring to the draft letter of claim that i posted up a month ago. I done as you asked, sent it recorded delivery on the 17th november and left it at that as i had nothing  more to say? 

 

i haven't moved onto the next step as i did not know what it was, I've never made a claim before, done plenty of reading about it - as i have just done when logging into my government gateway account. I read the whole of the guidance info and its quite daunting. it may seem clear as day to you, and others as i have come across their posts, they seem to navigate quite easily though it.

 

Maybe I'm just unsure of myself. its quite clear that if you make a wrong entry it can be disastrous and time consuming.

 

Ive registered with MCOL. and begun a claim. is it against the garage, is it against the manager, you know, im just afraid to put a foot wrong,

 

I made the donation to show that im serious about this and i do genuinely appreciate your help as id otherwise have nowhere else to turn.

 

shall i make a draft POC  and let you see?

 

 

thanks 

  •  

 

In December 2019 I left you my vehicle to 
investigate for certain problems.

Eventually you installed a new turbo with 
labour costing £480.

An independent garage has had to reinstall 
the turbo correctly as you would not engage 
with me when i complained to you about 
problems with it.

I have the faulty items in my possession as 
proof.

i now require the refund of this money 
including interest.

 

( My draft POC)

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Okay, well it has the merit of being brief – and that's good. Most people want to write their life history.

I suggest:

Quote

On XXX date the defendant agreed to investigate and to repair a problem with the claimant's vehicle make XX registration XXX. The defendant discovered that the vehicle's turbocharger had failed and had to be replaced. The defendant replace the turbocharger at a cost of £XX for the replacement unit and £XXX labour charge. The repair failed and an independent garage discovered that the turbocharger had been incorrectly fitted. The defendant declined to rectify the problem and so the claimant paid the independent garage to refit the turbo unit which is now working satisfactory.
The claimant seeks reimbursement of £XXX wasted labour charge for the fitting of the turbo unit plus £XXX ancillary losses incurred plus interest pursuant to section 69 of the County Courts act 1984

 

 

Please have a look at this. I haven't looked back at your whole story so I'm not sure if this sums it up. Please let us know if there is anything missing or anything wrong and we will amend it. Also, I can't remember if you suffered additional losses for since by having to pay me for the car to be transported or anything. So I have included that in the POC but of course it can be removed.

If you did incur ancillary losses then please let us know what they were

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When i said they declined to rectify the problem, they had me collect the mechanic in question and drive him about to hear the high pitched screaming coming from the engine, which was more than clearly apparent as it was high pitched screaming, but he told me he couldnt hear anything.

 

so i guess we can just skip that right

 

 

 

there were no costs if I'm honest. just absolute inconvenience borrowing other vehicles trying to get into work 

 

In december 2019, the defendant agreed to 
investigate into repair a problem with the 
claimant's vehicle ford transit registration 
........ The defendant discovered that the 
vehicle's turbocharger had failed and had to 
be replaced. The defendant replaced the 
turbocharger at a cost of £742.50 for the 
replacement unit and £480 labour charge. 

The repair failed and an independent garage 
discovered that the turbocharger had been 
incorrectly fitted. The defendant declined to 
rectify the problem so the claimant paid an 
independent garage to refit the turbo unit 
which is now working satisfactorily. The 
claimant seeks reimbursement of £480 wasted 
labour charge for the fitting of the turbo 
unit, plus interest pursuant to section 69 county courts act 1984

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That looks ok so if you are happy then send it off.

please will you start doing some proper reading about the steps which are going to happen. Follow the links >>>>> small claim county court

 

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i already have read the guidance, but i think ill need to read a it a few times! thanks again old chap.

ill report back asap

 

I've fulfilled the pre action requirements by sending the 14 day warning letter, and i have a receipt of posting. so i can continue?

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Ive received a notice of issue from the court. The claim was issued on the 2nd december.

the court sent it 1st class post to the defendant  and it will be deemed to be served on the 7th december.

the defendant has until the 21st december to reply.

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  • dx100uk changed the title to Roadstar Autocentre - i've raised a Court Claim re: terrible service after wrongly fitting a turbo

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