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Hotdog77

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  1. Should I send a copy of the email to finance company in letter form then? Obviously your very experienced with these matters. What difference with letter or email? Is it more the impact? Could you articulate me with some knowledge. Thanks
  2. Hey thanks for the links Emailed Big motoring world, they don't want nothing to do with it. Received the following below. Emailed Finance company last week, currently awaiting a response. I'm Feeling proper deflated, in the meantime I'm also shelling out over £400pm in payments. As you have been advised by my colleague previously, the independent inspection has concluded that the cause of failure is due to wear and deterioration and the fault has been progressive. The fault was not due to sudden mechanical failure. The warranty terms and conditions state that the policy does not cover components that fail due to wear and deterioration. Due to length of ownership, being that the vehicle was purchased from ourselves over 6 months ago, the burden of proof that the fault was present at the time of inception, now lies with yourself. I apologise that I am unable to assist further at this stage.
  3. Lol thought you might critique the letter. Noted So send the assessor report and copy of email to creation with BMW in cc, and visa versa? I'm struggling on how to compose this communication to dealer and finance. I have a letter in draft but I'm sure it won't be to your standard!! Maybe too long. If my next move isn't FOS, then what is it?
  4. Hi there, Just wanted to know if you could check the letter below? I wish to send this to the warranty company with the finance company in cc. Prior to writing on this post, I requested in writing from the warranty company thier reasons for wear and tear? Yes I know they had the assessor report however they were not privy to the vehicles fill service history as they only viewed the one available online and had not requested if there other docs to back it up. let me know if this is OK? Dear Sir/Madam This is my formal complaint with which I wish to escalated to the financial ombudsman service I am writing today because on March 10th 2022 my mechanic filed a warranty claim to yourselves asking that the above vehicle be repaired under the terms of my warranty insurance, this was effectively rejected within a matter of 24hrs. My mechanic was informed that the claim was rejected under “Wear and tear” due to the lack of maintenance. I reject your claim, thus therefore I make this letter also a formal complaint and appeal for Warranties 2000 to reconsider my claim again on the basis of lack of supporting documents. So my question is, how can you deem a claim as “Wear and tear” without having the full facts before you? It is no excuse to not issue a repair order, as you did not have sufficient evidence. Had warranties 2000 followed their own procedure, and requested addition evidence from myself, you would have received the supporting documents to confirm that I had full service history on the Range Rover Evoque. Part online and part as hard copy. However in all, a full service history up until December 2021. As you are very much aware, the timing chain failure is a common defect in the Land Rover engines and due to this defect in Land Rover timing chains, my vehicle has suffered a premature engine failure…this is a common known FACT!! I would appreciate it if you could arrange for the problem to be fixed under the warranty premium that I currently occupy with yourselves by 22nd April 2022. As I am sure you can appreciate, I rely on my car for transport, doing the school run, shopping and apart from the inconvenience, this problem has also caused me to incur additional cost. Please consider this letter as evidence of me having given you an opportunity to repair my vehicle under the terms of the warranty on 10th March 2022. Furthermore, I have also cc’d the complaints dept from Creation finance as they are financing the vehicle as well as the warranty. I'd like to think they would like their vehicle repaired swiftly as this situation is pushing me closer to exercising my rights under “voluntary termination”. I look forward to settling this matter amicably. If, however, the matter is not satisfactorily resolved by 30th March 2022, I will be taking further action to resolve the complaint through financial ombudsman with the request to end the finance agreement as well making a claim for mis selling.
  5. Noted regards "lease" wording It's a Finance agreement (hire purchase) So you say let both parties fight it out. Do I contact both parties to inform them of the situation? In regards to timing change in service book/history, there's absolutely no mention on when the timing chain should be changed
  6. Hello there, Was wondering if I could get some help! I purchased a Range rover Evoque in October 2019 from BMW on lease, at the same time the salesman pitched the Warranty sales to me...gives me peace of mind if anything goes wrong with the engine etc.... I was sold as i like peace of mind and purchased the added insurance for 36 months. The car has been running fine and additional to that I've also kept up to date with the running cost and servicing Feb 2022 was driving and car halts, with a massive noise which sounded horrific like a massive bag of nails had fallen from the bottom of the car. managed to get the car to the garage, they suspect the timing chain has gone. Last week the garage managed to contact Warranties 2000 to inform them of the issue as i was covered for such fault. An assessor came out on Thursday and deemed the car required a new engine and yes the fault was the timing chain. The damage was so bad that the vehicle needs a new engine. Warranties 2000 contacted my mechanic to confirm receipt of the assessment however they have rejected the claim due to "wear & tear". Surprising as I now know that the fault with the timing chain is very common with Land rover. Furthermore, the car only has 76K on the clock. What my mechanic said was, "How can they reject your claim without asking for additional documentation" Just to explain - part of my service history is online and the other part is in hard copy service docs. I'm angry that I've been left in the position, I couldn't get to work nor could i get my daughter to breakfast and after school club prior and after work. I would like some advice on what i can do to resolve this. I'd ideally like the car fixed ASAP although i feel this could be a long battle and expensive as im still paying my monthly premiums for the lease and warranty . Are there any consumer rights that allow me to give the car back to the dealer/finance company and cut ties? I'd really love some help please Thank you
  7. Hello There, Unfortunately there isn't any cctv on this little patch . I've uploaded the signage, hope its sufficient. Received another letter last week chasing overdue payment. My tenancy doesn't give me right to park without showing the permit met parking signage.pdf met 2.pdf
  8. I certainly didn't move Hello there, Can you let me know if this is normal to not attach pcn to my windscreen or not receive ntk etc? do i just send a letter explaining just that?
  9. Hi DX100UK, No all my docs...V5/insurance paperwork is to my current address where i received the over due letter. I have not moved at all.
  10. Hello there, Thanks for coming back. Pdf img attached for review. Im not sure which one to follow as i didn't receive a PCN on windscreen, these people normally come round on their mopeds. Hope i have completed the required For a windscreen ticket (Notice To Driver) please answer the following questions.... 1 The date of infringement? Not sure, but according to the letter for overdue amount and pictures online 25.03.19 2 Have you yet appealed to the parking company yet? [Y/N?] N (didn't know i had received a pcn) if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide has there been a response? N/A please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Nope what date is on it Did the NTK provide photographic evidence? 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? MET parking 6. where exactly [Carpark name and town] did you park? Car park provided by peabody/London West Silvertown .............................
  11. Hello there, Received letter yesterday from MET parking . The letter is for an overdue parking charge with £100 fee, however i have not received a pcn on my windscreen, how in the world would i have even known that this contravention happened? I've logged into MET's site, and there' various pictures of my vehicle , but none of those pictures show the pcn attached to my car, Where my car is parked is actually where i reside. I pay rent to the housing association, who i understand are the people who employ MET parking. Unfortunately due to the increased development in my area, there are many cars parking in the limited spaces available for the residents who live on my road. We are having to sharing with a massive development on the other side of the road. I do have a residents parking permit which permits me to park on the main road when spaces are available. To be frank, I just want to get rid of the PCN, I'd like a little help on what to do, where to start, any letters that i can send them? No PCN attached to my vehicle. Overdue notice received after 6 weeks POPLA appeal now not viable Date & time on images taken to dates and time on Mets site time of issue do not correspond I've attaches images which i hope can help Help!! Kind Regards A very hot dog
  12. Morning guys, Been putting down bullet points of facts, but i need help on one of them...I'll be leaving home around by 9pm so answers before that would be great. I have £336 of charges (supposedly over the last 3 years) can I also argue this as illegal, and request compund interest over the last 4 years (date of account opening to default date)
  13. Noted!! Just had a look at statement of account and charges have been added, again gauge so thinking to bring that up too. Considering if compound interest was to be added this would wood the debt....anyway I'm clutching here
  14. Have absolute trouble sleeping, sat here wondering how the hell im going to defend this case since the forum has carried me this far, strooth
  15. Lets see how tomorrow goes, super nervous about this. Feeling like Im going to be eaten alive in there. Either way I will update the page afterwards for one final time.
  16. Hhmmm all depending on the judge, according to Lowell and shop direct a default notice was sent to the address in Essex which I've never received,but why don't they have a copy of this default notice and rely on a screenshot to confirm? Furthermore , this info is being asked in 2017. Surely they should have been asking for this when the account was bought?
  17. Finally had time to take pics and upload, hope i have deleted personal info. Hearing is on Monday and not sure how i feel about this. guess i'm rather busy with the kids so not been thinking about it. So last Monday 21st was the 14th day for the courts to receive the docs from me, of which they did and also Lowell solicitors. Since Tuesday 22d May, I've been receiving phone calls from Lowell. It's been about 4 phone calls within the last week. Let me know your thoughts on their defence and how the court proceeding usually goes? Am I asked to speak? lowell defence.pdf
  18. Understood . Received Thier witness statement today. I'll update later
  19. Thank you Andy. Do i send to solictors or the Lowell portfolio 1?
  20. Here's the final piece...is this ok? Background 1 .I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary. It is my understanding the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought in masses as portfolios at a much-reduced cost of the amount claimed….10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditor. The claimant then issues claims on masses with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts(or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information) The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. May 3rd 2014 Claimant responds to my request under section 77/78 of the consumer act 1974 by sending me. 1. A print out from a computer with a summary of transactions with the company shop direct, 2. Reconstituted agreement with account number dated 24.09.2008 – unsigned. 3. A further 2nd copy of reconstituted CCA agreement with account number dated 04.05.2010. If the said account was opened on 3rd December 2008, how can the reconstituted CCA be signed for 3 months earlier, it is also then unclear why the claimant has a 2nd reconstituted CCA dated 04.05.2010. Exhibit 1a 3. On the 22nd December 2016 I made a written CCA Request to the Claimant and a CPR 31:14 request to the Claimants solicitors, Lowell Solicitors of PO Box 1419 Northampton NN2 1BU requesting that the Claimant/And Claimants Solicitors provides copies of all documents mentioned in the statement of case. Exhibit 1b A copy of the original agreement A copy of the Default Notice/termination notice A copy of the Notice of Assignment showing the claimants legal right to take action A statement of account 4. Having made the claim, the above date should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion. Disclosures 5. The claimant did not fully respond to my requests made on the 22nd December 2016 and has not provided all the documentation that was requested on the court order. Exhibit 1d 6. The reconstituted Agreement and terms and conditions are nothing more than unsigned copy of an agreement with the claimant’s name and address printed at the top and have no insight into whether there was ever an agreement. 7. The “detailed statements” looks again to be a print out from a computer with a summary of transactions with the company shop direct but still fails to show any agreement or anything valid that shows there was an agreement in the first place. 8. I don’t recall receiving “Notice of assignment” reason being is that I was not residing at the address listed on the default notice and therefore would have never received this. I moved out from that address in December 2006 after the birth of my first son, to live with the father of my children. The notice received from the claimant is again a copy of a letter on non-headed paper but still fails to show whom this was sent from. 9. Default warning letter: I did not receive one, the claimant failed to provide this document. Conclusion 10. The claimant has failed to show a valid agreement showing that the defendant owes Any money to the claimant/assignor. The claimant has failed to comply with my formal requests on the 22nd December 2016. I can only presume that the claimant does not have the legally required original agreement and terms and conditions and has merely tried to obtain an undefended default judgement. 11. The reconstituted Agreement as is exhibited does clearly state the Agreement should only be signed if “you want to be legally bound by its terms” But the defendant has yet to see a “signed copy” of this said agreement which is now more questionable as it bares 2 dates. Again, all the defendant has provided is a non original document in the form of a computer screenshot. I believe that the facts stated in this witness statement are true. 12. This claim is for a Home Shopping agreement regulated by the consumer credit Act 1974 between the Defendant and Shop Direct Finance Company Limited. Whilst I have had dealings with the original creditors in the past, I do not recognise any of the account details as I no longer have records of them. 13. Notwithstanding the above the claimant remains in breach of the 12 day response period under Section 78.6, therefore the claimant is unable to request any relief until such time they can comply. 14. It is therefore averred that there is no outstanding balance nor as the claimant been able to produce any documentation to prove otherwise and I therefore respectfully request that the court dismiss this claim and award costs it feel fit in defending this matter. Exhibit 1a: Copy of claimant’s response to request under section 77/78 of the CCA 1974 dated 03.05.2014 Exhibit 1b : Copy of defendants CCA section 77/78 request dated 22.12.2016 Exhibit 1c : Copy of defendants CPR 31:14 request dated 22.12.2016 Exhibit 1d : Solicitors response dated 31.12.2016 Signed ______________________ Date ______________________
  21. Hi Guys, Having trouble sleeping knowing that i need to get this in today post via 1st class recorded. i started looking a bit more into all the docs received and i have some possible questionable info which i would like to use as evidence. Account was supposedly opened 03.12.2008. Letter received 3.5.14 from Lowell P1 - Reconstituted agreement CCA089, which i would have supposedly signed for before they gave me credit. However the date on this said agreement is dated 24.09.2008. Why would i sign this 4 months prior to the account opening? even though i clearly remember not signing any kind of agreement with them. In the same letter, they have also included another cca agreement (current) which doesn't hold any of my personal details...name address, however its signed by the same person @ shop direct and states my said account number, but then the date on this is dated 04.05.2010. On the Tomlin order that i received from their sols, i was sent a screen shot of the agents communication with Shopdirect. This states debt sold 23.01.2012, however Lowell have always maintained the debt was sold 20.12.18 as per the default notice which i didn't receive. What is even more strange is that that screen shot had the address i was residing at, another question...why would they contact me at a different address? can i use this as evidence, even though this is part of a letter of "without prejudice" Default notice again never received. I've uploaded docs for review lowell questions.pdf
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