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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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Claim struck out


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Just received a general form of judgement say that my claim has been struck out having failed to pay the allocation fee. I am totally confused as I was not sent an AQ and therefore did not fill one out so don't know why this has been ordered???

Telephoned the court to explain this and they told me that the judge has just struck out the claim and it may not be because of the allocation fee. They cannot give me a reason. The judge has just struck it out and that is that.

 

I'm totally gutted. That money is mine and I worked hard for it.

Is there anything I can do to appeal against the decision? I asked the court about this and they said I should seek legal advice. :-x

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Been looking round the site and it seems that a few people have had their claims reinstated after having been struck out. If this is possible...how do I go about it?

Feel like sending a nudge letter to DG anyway. They're probably so snowed under that they might not realise my claim has been struck out and send the money anyway! :rolleyes: Then again.:-|

 

Feel like I've been treated very unfairly. The courts have basically told me that the judge has made the decision, they cannot give me a reason, and do not have to, and that is that. Surely they have to give me a valid reason???

 

I'm determined to get MY money back. I'm not going to give up. Even if I have to start all over again from the beginning. It's the principle. I've worked hard for that money and it's mine.

 

Could really do with some advice if anyone is out there :oops:

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I have no special knowledge, but I would have thought that it couldn't do any harm to send a letter to the court manager referring to the wording of the order (which you say states the reason as non-payement of allocation fee - correct?) and explaining the situation.

 

I'm sure it must be possible to appeal against an order to strike out. It might be worth saying something like -Since the order appears to have been made as the result of a misunderstanding, I am sure that the situation can be resolved without my placing any additional burden on the courts by appealing against this decision. I would therefore ask that the order be rescinded, or such other steps be taken as are necessary to reinstate my claim.

 

Again, I don't have any special knowledge of how these things work, but that's what I would do in your situation.

 

best of luck!

 

stax

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yes, and that is why in my aq thread and several other places we advise ringing the court when it says that the allocation questionaire is being dispensed with in a particular case to find out if the fee is still payable.

the fee is for the allocation of the case and not for the questionaire. most courts who dispense with the questionaire also do not ask for the fee but we have seen those who do - and they don't let you know that it is payable - the claimant needs to find out if it is payable. so, in answer to your question - yes - this is possible, we have seen it before.

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Just been reading your thread and that's well harsh! I dont know what to do about the situation, but your right it is your money and dont give up, stax's letter idea looks like a good option.

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I'll definitely get a letter sent off asap. Sounds like they'll probably just come back to me with "you should have paid the fee" though. Oh well, it's worth a try. Thanks guys...I'll keep you posted.

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Kermit, I have flagged your thread up to the moderators so maybe you will get some more help from the big guns before the morning!

Good luck!

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Also - just to clarify. The letter stating that my claim has been struck out because of failure to pay the allocation fee is the first time I have heard any mention of allocation at all. No questionairre and nothing saying they will be dispensing with the questionairre either.

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Ok you need to file for an order to have the strike out reversed or set aside.

It would also be a good idea to start your own thread in your bank section.......advantages are that we can look back on your history (if you have been keeping it up to date of course)

For the moment though I will leave it here.

To be honest I am a little confused about what I am reading especially since other posters are saying this is not a one off.

To be honest I have never heard of this.

Will come back to you after consulting with the team.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Did you file using MCOL? and can you post the order in full please leave out your personal details and the Judges name.

 

edit: can you e mail me all the correspondance you have from the court I have sent you a PM.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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martin, around 1 april when the first of the mcol were dispensing with the aq's we were merrily going on our way - about 4 weeks later - peeps were getting the info that they may have to pay the aq fee - so we - including crusher were kicking it around and started telling peeps to ring their local courts to ask if it were payable. we have seen several where it was told to them if it wasn't paid by such and such a date it would be thrown out but i don't know of any which actually were - most caught it before it was thrown out. it was bookworm i think who pointed out that we needed to tell people to check.

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The order received says:

 

IT IS ORDERED THAT:

 

1. The claimant having failed to pay the allocation fee, the claim is struck out.

 

That's it.

 

Lively - I will PM you back asap with the rest of my court correspondance.

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on my Notice of Transfer of Proceedings dated 16th June it states:

 

1. The filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise. **

 

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

 

 

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Ok I've just had a good look through my court letters and on my Notice of Transfer of Proceedings it does say that the filing of an allocation questionaire be dispensed with etc etc... feel really stupid now.

 

Guess i should have checked it properly and phoned my court to ask if the fee was still payable. Lateralus you were right.

 

Where do i go from here? Will I have to start my claim from the beginning again?

 

Feel like a proper idiot now!

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send a pm to livelylad and see how he tells you to proceed -

go back and look to see what martin and livelylad told you above. they have the knowledge! do what they say.

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You need to dispute judgement, use the N244 The fee is £65 which you can not recover. Also should the judge allow this you need to pay the AQ fee. This will need to be submitted to your local (the court that sent order) Ring them and inform them that you intend to take this action they will also advise you.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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