thank you all for your responses, I feel we have covered all the needed time scales and requests, so I will be doing the claim. I have just spoken to my daughter, and the trader has added that the car is 'spares or repairs', she said she would have noticed that at the time, and feels he added it later. Who would swap a perfectly good car, which the trader then put on his forecourt for £1499, for a spares and repairs car! (She was trying to reduce her insurance). We will be getting an independent report.

Hi all, My daughter swapped her car at a garage for one that stalled while changing up, not running very well at all. She returned it on the day, gave the garage owner the chance to repair, to make it fit for purpose even though she wanted her original car back. It appeared to be fixed on picking it up two days later, but after driving for a couple of weeks, (not great amounts), various faults arose, including the original fault. She tried contacting the garage but he chose to ignore her, and so she called round with her partner and the shouting commenced! She has been in contact with consumer advice and also the local trading standards, who suggest court being the only option. I did a letter to sign for (name address on the back) and he refused to sign for it, and it was returned to my daughter. I would like some help with the wording on the poc to ensure I get it right, I have looked in the library but can't see what I need. He also gave her a receipt with 'sold as seen'. and claimed even though he has been in the business for 35 years that he knew nothing about cars!

Exactly teaboy2. I have managed to misplace the invoice, hope it is at work. The payment date was defiantly the 27th, I'm sure May, but now I am wondering if it was June. CAB not available to talk to till Friday.

Thank you for pointing out the web site teaboy2, I have looked at it, and have a better idea (not a lot!) of what is going on. The rolling holiday pay is not the same circumstances as mine. I have no contract, it is agency work. The holiday pay comes under WTD - working time directive, and is paid separately to the basic pay, and I believe it is a % of the hours worked. My April payslip has a 'retro pay correct' of nearly 2000, followed by a' WTD Arrs' - minus the same amount. I thought they had made a mistake and corrected it at the time. I will contact the CAB, as this is all as clear as mud to me. Still waiting for the letter.

Congratulations understand the stress you have been through, glad it came good for you in the end

thank you both for your response. Yes, I was told I was not the only one.

Hi all, I work for the NHS bank, and have received an invoice from them, for over £2 thousand pounds. It states that it is an overpayment on wages, from my first wage date, to Feb of this year. (about 3 1/2 years) I inquired why I had received the invoice, and apparently I should have received an accompanying letter, explaining the reason for the invoice. (waiting for the letter). The overpayment is to do with the holiday pay received each month, I have no idea how it is worked out, I just know the more hours I do, the more I get. Any ideas how I respond to this, as the cut backs have reduced my hours down to 13 a week and there just isn't any work about at the moment (I am looking for other work, but as you know, times are hard all round). Any thoughts?

Hi gh2008, 1st Enforcement notice with intention to terminate, date 7 days later, then DN dated 8 days later, the no copy for anyone, Formal Demand, apparently dated 2 months later, closure of account 15 days later. clear as mud

Hi all, If the formal demand for full payment of monies outstanding is sent, can charges be added after that date? note- I never received this, and apparently copies are not kept by the claimant, (even though the sols sent it out) and they are not compelled to do so by the cca.

thanks for your response gh2008, until today, I had no idea that who terminated could have such an effect on the out came (nor the amount of smilies on here) thanks for your time, and a Happy New Year to you and all Cagger's

Hi gh2008, Sorry, I hear what you are saying. would I have had to sign something, or write a letter saying I wanted to terminate the contract? And as they have closed the account I assume, (correct me if I'm wrong) no 2nd default can be issued and also no interest added on after the date of intended termination? or is the word intended bought into play:???: I did write saying my circumstances had changed and I was unable to maintain payments at the given rate, but could offer x amount. My letter was dated the same date as the enforcement letter, so there is no-way they would have received my letter prior to their letter, giving me notice that they intended to terminate 7 days later. :madgrin:remus

Hi gh2008, if the account is closed and passed to a debt collector, how much more terminated could it be?

thanks for the reply Elsa, I am getting confused as SCM have written recently that I terminated the agreement, if that is the case then surely by what SX20 has posted they have no case? I believe they are using the Brandon case to show, even though the DN did not give the required time, I was not in a position to pay, and hey here's the proof (?) records show you terminated the agreement. Just trying to get my head round it all. remus

Hi Gthereal, have a look at my thread, post 11 has a link to the short defence. LTSB Court claim - help please http://www.consumeractiongroup.co.uk/forum/showthread.php?158758-LTSB-Court-claim-help-please

Are they able to use the above case if it is subject to appeal? Why issue a DN if they are not going to act on it?

Hi all, SCM have admitted on their WS that the DN does not contain the correct number of days to remedy the breach, but carry on to say the Final Demand was not sent for two months. They quote case law Amex v Ian Karl Robert Brandon 2010. I have no Final Demand, there is nothing with the WS except enforcement notice, DN, loan agreement and statements. Do they not need to prove it? SCM are asking for the Court to decide the claim based on the written evidence. I have noted that the Judge's are issuing Judgement on the fact you owe the money end of, but I have never denied this, the POC stated I had not paid, and I always have, even if it was a nominal amount as worked out with the CAB. Anyone any thoughts on what I need to do next? help!

Hi all, couple of questions, doing WS, am I right in thinking if SCM letter has 'without prejudice' I am unable to use this as evidence? Also as the WS has to be done simultaneous can I ring SCM as time is short! thank you also am I allowed to mention what went on in mediation? or is that also a no no as I have no proof. (think I'm answering my own questions!)

Hi all, Should I stop paying my nominal amount as it is in the court process? or will this put me in a bad light me with the Judge? [problem] have referred to my payment in the latest communication from them, as if it was an admission of guilt on my part.

Hope this is clearer foolishgirl

Hi foolishgirl, The defense I used, was the one in post 144 from 42man. Have not received anything else from the court yet.

Order 1 July 1 Judgement is set aside 2 The Defendant do file and serve a Defence by July (done) 3 The ICO is discharged and the hearing vacated 4 No order for costs Order 2 August It is ordered that The court on its own motion and having ordered the parties to file Allocation Questionnaires by a separate order made today (not received yet) It is further ordered that: 1 Simultaneously with filing the AQ the parties shall each certify to the court and to each other the total amount (less costs) that they currently consider the claim to be worth, subject to liability. 2 Each party shall file with the AQ file proposed directions on the form attached hereto (no form attached) 3 The parties shall comply with CPR PD 43 paragraph 6.4 and 6.5 4 Each party shall file with the AQ a completed reply to the invitation to mediate I really would appreciate help with the 2nd order.

Here's the default notice. Just going to upload 2 orders.

answered my own questions.

Thank you citizenB and supasnooper, The order is for me to file a defence, I don't think SCM are doing anything yet. This is my concern with the defence, I understand and will be using the loverly 42man's statement of evidence, but, 1. do I need to put SCM to strict proof of the post date for the default notice, or will that just prolong the procedure? 2. what orders do I need to put forward? 3. Should I include an order for costs with an amount? Just concerned I will miss something simple.