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  1. Hi everyone. I'm a new member on here. I came across the site when researching tenancy deposit schemes and I've read through several threads but can't seem to find and guidance in relation to my particular problem. Briefly, in September of last year I agreed to rent a property with a private landlord. I had a few concerns about the property but the landlord assured me they would be dealt with once I moved in. But I needed somewhere to live quickly and my mother paid the deposit. The rent was to be paid by housing benefit. There was mould throughout the property, there was a leak from the soil stack or a blockage causing it to seep out from where the two pipes join, a couple of electrical sockets that were loose from the wall etc. I paid the deposit in cash and received a receipt. After several weeks the landlord had not repaired any of the above despite my texting and phoning him. At the same time he began to phone and text me demanding the rent but there was a delay at the housing benefit and the payment had not yet come through. He threatened in the text messages to come round to the property on specific dates and turf me out and take the keys back. I felt intimidated by him and told him by recorded delivery letter that I was going to give him 28 days notice to leave because he hadn't fixed any of the things he had promised. He had no problem with this and texted the sooner the better and that he still hadn't had the rent. I left the property and asked him for the deposit back and he said he was keeping it because he was still owed money. I then found out online that the deposit should have been protected. I asked him about this so that it could go to a resolution but he would not give me the details but kept on saying that he had protected it. He then came back to me and said that I owed him four months rent for leaving early, fees that he had paid to an electrician to fix a pendant - which was one of the jobs I had asked him to fix - fees for a skip to empty the property even though it was empty when I left etc. I realise I'm rambling on. What I'm trying to determine is whether the tenancy was valid when he didn't protect the deposit? Has he a right to claim back four months rent from me when he didn't protect the deposit in the first place? Did the agreement lose any legitimacy when he failed to do that? I ask because despite my continued asking him he will not return the deposit and I'm thinking about taking it to court. All I want is my deposit back. Nothing else. He has since had the back payments up until the time I left the property. Any advice would be much appreciated. Thanks
  2. Hello. I am new to the forum and need some advice/help. Received a letter from restons Re an old credit card debt seeking payment and issuing a county court claim against me. It should have been statue barred Dec 2017 but apparently I have made payments. It is possible as this card relates back to when I got divorced. I was advised to send a practice direction letter which I did and received a response from them. Can someone please advise what this means and is it worth defending in court. My friend has offered to pay it off for me as it is making me stressed. I have a mortgaged house and a car which I have been told they will put a charge on. Is it worth paying this off or defending and if I did what are the potential court costs, would it add a lot to the debt. Any advice would be appreciated. have until 5th Feb to respond. docs1.pdf
  3. Hi Not sure where to post so posted in main forum and a mod can move to correct place. I have just visited my parents home on Monday and found a letter from a court in Northampton relating an alleged debt to Robinson Way Ltd and i am due to pay in fullby early March or have a CCj against my name. This is the first letter i have received and no debt of this amount shows on my credit file or to this company. I have filled a form N244 to the court for a set aside order as I do not recognize this debt , its been sent to the incorrect address as i do not live there , and i have not had a chance to mount any defence against this . Does this process put the CCJ on hold until the court say it can be set aside or i have to pay or am i best off to pay the amount and fight back from there as I do not want A CCJ against me. I am writing to the company involved to inform them of this with acopy of the form sent to the Court , is there anything lelse I should do ? Thanks in advance for any help
  4. Hi, I have received a letter from solicitors regarding 8 metres of fabric that I sold on eBay and Etsy claiming that I import and sell counterfeit products. I bought this fabric online to make curtains and then changed my mind and decided to sell them myself... They're asking for over £2,000 and the total selling price of the fabric was £250... I don't know what to do! Any help would be much appreciated. Thank you
  5. I am wondering if anyone knows what happens if your Creditor just totally ignores the Debt PAP. No trying to evade the debt or ignore it. All I had was Final Reminder on 9 February giving until 12 February to pay and this morning a claim form arrives in the post. No LBA or Letter of Claim.
  6. Hi, I received a claim from Restons solicitors in Jun 2017 from a debt that was from 2003. They have continued to chase and issued a court claim against me on 19th June. The debt is statute barred although they say a payment was received on 11th July I have bank statements and copy of credit file to confirm that this is not the case. They have repeatedly asked me to withdraw my defence, which I havent. I have gone through the process of asking for default notices, copy of agreement, NOA etc for which they have only supplied a copy of the agreement and a list of transactions with a date and amount on them only. The claim became stayed in July last year after i entered a plea of statute barred. I have now received notification that they are asking the court to lift the stay and strike out my defence. I have drafted a defence statement addressing the main points including providing the evidence I have as well as calling into question whether they even had a right to commence legal proceedings as they kindly sent me a letter 5 weeks after they issued the claim saying that they had to refer back to their client and obtain relevant documentation before commencing further. I have 2 questions off the top of my head; 1) They continue to say that no hearing will be required and that summary judgement will be requested, can they do this. Would I not be given the opportunity to submit my defence statement and evidence to the court if they decide to lift the stay? Or should I enter an N244 STRIKE OUT of claim myself now? 2) If they admit to not having the information before starting court action does this not constitute to an abuse of court process? They have said that I am unable to highlight anything further to the court as I originally entered a defence of statute barred only. They had not even sent me a copy of the agreement at this point. Any help would be great as I am losing significant amounts of sleep over this but I will not let them win.
  7. Hi, I recently commenced small claims court action against a builder who I contracted to do some work at my property summer 2016. Having telephoned him repeatedly about poor and unfinished work, I was finally able to get him to come out and visit me where he agreed he would complete the work by the end of the following week - as I had grown very suspicious of his intentions, in particular the ignored calls I recorded the final conversation on my mobile phone as voice memo without his knowledge as I could perhaps use it or a transcript as evidence should I need to make a legal claim. When he failed to return to site to finish the work, and continue to ignore my calls I sent mail correspondence, eventually seeking a second opinion from two other building firms (the view of both was was what he had done was crap and overpriced), obtained quotes and completing the pre-court action via recorded delivery which was also ignored. I filed the claim against his Limited company using MCOL, he filed a defence at the last minute, which was very poor and largely consisted of personal attacks/insults against myself than anything of substance. He has now missed the DQ deadline and been given a general sanctions order which he also appears to be ignoring. As such I expect to be-able to request judgement this week. I am now having doubts as to whether I should have initiated action against the Ltd company rather than him personally, my logic being: - I have subsequently read that enforcing a judgement against a Ltd company is difficult, he could dissolve the company, transfer what assets he has and move on. - My correspondence with him (quotes & invoices) didn't mention the Ltd company or show the registration number - The bank account that I made payments into, whilst a business current account, was in his name rather than the Ltd company the name. Should I therefore: - Discontinue the claim and re-issue it against him personally - Perhaps list both him and his Ltd company as defendants - Continue with the current claim and if unsuccessful try again with another claim against him personally? Any advice gratefully appreciated! Thanks Abe
  8. I received a letter from PRA Group recently which states:- Dear Mr XXXXXXXXXX PRA Group (UK) Limited ("PRA GROUP") Account Reference Number: XXXXXXXXXX We write further to the above and to inform you that your account has now been transferred to the Investigations and Litigation Department. This is a letter before claim as required by the Practice Direction on Pre-Action Protocols, to give you notice of PRA Group's intention to issue court proceedings against you. You should consider the contents of this letter carefully and seek legal advice or alternatively contact one of the free agencies detailed on the enclosed document. We specifically refer to paragraph 4 of the Practice Direction and set out in that paragraph are the courts powers to impose sanctions for failure to comply with the Practice Direction. You will recall that you entered a written agreement numbered XXXXXXXXXX on or around xx/xx/1998 with MBNA Europe Bank ("the Creditor"). The agreement was regulated by the Consumer Credit Act 1974. The agreement obliged you to make payments, however, in breach of the agreement you failed to make those payments and are now in breach of the agreement. By a notice of default the Creditor required you to remedy the breach within the prescribed period and gave notice that, in default of so doing, you would be liable to pay the monies due and owing. However, you did not remedy the specified breach within the prescribed period and you then became liable to pay the Creditor the sum of £xxxx By an assignment in writing dated xx/xx/2014, the Creditor assigned the debt to PRA Group. Then by notice in writing the Creditor and PRA Group wrote to you to notify you of the assignment. PRA Group has made further written and oral requests for payment of the sums but you have not paid the sum due and owing. If after considering this letter you take the view that you do not owe £xxxx then we look forward to receiving your reasons why you take that view plus supporting documentation. We do not presently envisage that expert evidence will be needed in this claim. This letter should be treated as an invitation to refer this dispute to medeation or some other form of alternative dispute resolution (ADR). In addition this letter triggers certain time limits that effect you:- 1. You are expected to acknowledge and answer this latter before claim by xx/12/2016. 2. You are expected to respond to the invitation to refer this matter to ADR by xx/12/2016. We look forward to receiving your letter in reply, responding to the claims made against you and / or setting out your proposals for settlement / payment. We are prepared to discuss repayment options if this assists you. If we do not hear from you within the above time limits then court proceedings will be issued against you which may increase your liability for interest and costs. If you have any difficulty in complying with the above limits please explain the problem to us as soon as possible and we will consider a reasonable request for extension. Yours sincerely Litigation manager PRA Group (UK) Limited Tonight I have done a CCA request to them which will be sent tomorrow. Is there anything else I need to do or just wait for there reply? Thanks in advance
  9. Hello All In 2012 I took out a payday loan with PaydayUK for the sum of £400. At the time of taking the loan out I was on a low income and I wasn’t able to pay my rent I took out the loan to cover rent costs - stupid idea I know but at the time I had no other way of getting the money I didn’t pay this loan back as I couldn’t afford too. I vaguely remember contacting them to advise them of this but they were really unhelpful and I just ended up not paying and I heard nothing for 5 years. In December 2016 I received a letter from PRAC/BW Legal saying they have purchased the debt - I ignored this and heard nothing further up until now . I have received 2 emails from them also - they were just copies of the letters I had received in the post The most recent letter (final request for payment)states that if I don’t contact them within 14 days, my account may considered for legal action and it states that the next letter I receive will be a letter of claim prior to the issuing of a county court claim BW claim I owe £420 and I think this is incorrect . I decided to check my credit reports and my bank account. On my credit report it states I borrowed £500 and I know for a fact I did not take that amount. I also checked my bank statements and it shows the payment of £400 which was paid in - and it also shows that they had taken a total Of £314 over various payments with my card from February to May 2012 as they had CPA - I remember at one point they completely cleared my account and they gave a me a measly refund of £34 - I remember calling them angrily as they’d completely emptied my account and stated that they would keep on taking money from my account so I think I may have cancelled my card. I have not made any other payments and I have not had any contact with payday uk or PRAC/BW Legal I’m assuming they are getting heavy handed as I’m pretty sure it’s getting close to the 6 Years (not sure how I would find out when the 6 years is up) Just wanted to know what action I should take? What is likelihood of them actually taking me to court Any advice will be greatly greatly appreciated Thank you in advance
  10. Hello Was hoping for some insight or advice on my situation. I've just checked my credit report and have found two sets of "beneficiary trace enquiries" made by Erudio Customer Management Ltd. The first ones were in mid-march against my current and previous address. Then again two months later in May, also against my current and previous address. I have read up and found out Erudio bought the old style students loans. I do have two of these. One from 1997 and then another for 1999 which has been treated as a separate account by the SLC, but must be linked as the only reason I got the '99 one was because I had started on the old system. The last correspondence about these loans was in 2013 when I applied to defer them in the March, which was confirmed in April 2013 by the SLC. This correspondence was to my old address. Then I have an annual statement from SLC dated September 2013 sent to my current address. I have not had any contact with Erudio so hadn't realised my loans had been sold. I've looked into what a beneficiary trace enquiry means and have read on the internet that it is used to trace people who have moved address without informing their creditors, however the last statement from the SLC was sent to my current address so don't know why they would need to do this, as I have kept the SLC up to date with my contact details. Also I am confused as to why they haven't made contact with me after carrying out these checks if they were searching for me. In normal circumstances I would just sit tight and wait for them to contact me but I am in the process of buying a house and am worried if this will affect it. I have checked all my credits reports and cannot find anything other than these searches. However I am scared in case between exchange and completion they put a default on my credit file, the mortgage offer gets withdrawn and we lose the deposit on the house. I have also read that they do 'backdoor' CCJs, so that's now another worry if they only have my last address could they be putting a CCJ on their without me knowing. Is there anyway I could find out about this if they were, other than waiting to see it appear on my credit report? I have a good report at the moment so would be gutted if they knackered that up for me. Not sure what is the best option. I don't want to contact them and offer to start paying as I fear extra outgoings I didn't know about when I completed my mortgage application might make them withdraw the offer. But then I don't want a default or a CCJ to suddenly turn up and have it withdrawn then, especially if its after exchange and my partner loses all their deposit money as well. Any advice on what would be the best approach, or what Erudio are likely to do next after carrying out these searches would be much appreciated. Thanks for taking time to read this.
  11. Hello About 4 years ago I received a claim from Cabot for a debt of about £26,000 - I say about because the figure has varied in their correspondence. I made a CCA request and received no reply. A couple of years later I was contacted by Restons who threatened me with court action if I did not pay up. Restons took the case to court and I duly submitted my defence that they had not provided me with proof that I owed them any debt - nothing further was heard for about 12 months, the case having been automatically stayed. Restons then applied to have the stay lifted and applied to the court for a Pre-Judgement hearing which I attended in June of this year. At the hearing the judge ordered that: 1. Unless the Claimant do file and serve copies of the following in 28 days, i.e. by 17 July 2017, the claim be struck out: 1.1 Credit Agreement between the Defendant and Lloyds TSB. 1.2 Default notices in relation to Credit Agreement. 1.3 Deed of Assignment between Lloyds TSB and the Claimant (and any preceeding assignments). 1.4 Notice to Defendant of any assignment. 2. Costs of today and the application be borne by the Claimant in any event. 3. Within 14 days of service upon him of all the documents above, the Defendant do file an amended Defence. 4. The application for summary judgement is dismissed. 5. Permission to appeal refused. Restons have not provided me with copies of all the above documents. However, Restons have now made an application to appeal on the grounds that the judge erred. They have been given permission to appeal - the judge's order has been put on hold pending the appeal which is due to be heard this later this month. I would be extremely grateful for any help as to how to proceed. Do I need to attend the Appeal Hearing? And if so what would I need to do? It's only thanks to these forums that I have been able to defend this action so far.
  12. Hi All I need help re clarification of the above I have started a civil court action against my housing association landlord I did send a LBA They did not response They have now responded that I breached the Pre Protocol procedure re disrepair Does anyone know what this means I have already sent my N1 form plus documentations to the court thanks
  13. I had a letter from shoosmiths threatening legal action if they didn't hear from me in 14 days. I CCA'd arrow and sent a CPR request to Shoosmiths for the agreement, default notice, assignment etc. I have just heard from Arrow saying that as it was an overdraft it isn't covered by CCA regulation and Shoosmiths saying much the same and saying they will now take court action. Shoosmiths also sent a statement of account the debt they are claiming relates to a M&S personal reserve account which as far as I was aware was a credit account not an overdraft as I have never had an overdraft or bank account with M&S. What is it best to do?
  14. Hi Brand new here but hope someone can help as all very stressful. I have a debt of about £12.5k that Restons have taken (although court letter says its Cabot?). I have a few issues and appreciate I need to reply back to the court within the next week but want to ensure I cover all bases. The reason that I stopped paying the card was because I had my identity stolen (this was acknowledged by the police and proven when I applied for an updated driving license and told I couldnt as didnt give them the correct address!!) The debt was with Halifax and although we had plenty of discussions back in 2009 they did nothing and I was convinced at least some (not all) of the spend on that card was fraudulent. According to Restons the card default date was 21/11/11 but I am 100% sure that I have not used the card since maybe 2 years earlier. 2 years ago Restons were trying to get me to agree a reduced payment. I contacted a debt charity Step Change and they advised it would be worth at least looking at what I could pay as I admitted owing at least some of the debt. I sent the Charity back various forms and they said Restons point blank refused any offer of part payment as wanted to take me to Court for the full amount. 2 years passed - not a word then I get a county court letter through the post. Last week. So I really just wanted to know my best approach. Its such a long time ago I have no original statements from that account. Any help would be really appreciated as not sleeping at all with this hanging over me
  15. Hey all, this just resurfaced after over 3 years-how do i respond to this? Letter of claim We act for HOIST PORTFOLIO HOLDING 2 LIMITED and write to inform you of its intention to issue proceedings in the county court fot the above outstanding amount (£2609)that you have failed to repay. Details of debt: This debt originates from a written agreement betwen the original creditor (lloyds credit card) and you. The agreement was subsequently terminated when its terms were not complied with. Our client later purchase this account and it was legally assigned on 08/09/2015. The notice of assignment has previously been provided to you. (never got it). There have been no interest or administartive fees/charges applied to your account since we aquired it. You should note this letter is being sent in accordance with the pre-action protocol for debt claims of the civil procedure rules. The court rules comfirm the actions either party must take before a matter goes to court. We should point out that paragraph 7 sets out its expectations for you and our client in how to comply with the protocol. Despite our clients of it's agents Robinson way limited attempts to engage with you to agree a suitablle payment plan, the above amount remains unpaid. It then goes on to tell me i need to complete the enclosed information sheet, reply form and income and expenditure form, and tells me i am required to make payment within 30 days and if i don't respond, a claim will be issued in the county court without further notice. What do i do here? I have no information on this, do i have to complete their form? is that admitting liability for the debt? can I send a CCA? Please help
  16. Served papers re a small claims action raised against me by Shoosmiths on behalf of CapQuest, for a Shop Direct account they purchased. The claim is for a balance iro £500 plus costs. I have my doubts whether SD lawfully defaulted me but disposed of paperwork many moons ago. I intend to make an incidental application to cist the action and request documentation from CQ and SD. If I send the incidental application to the court, do I need to send any of the response forms back?
  17. I was 20 when Halifax said hey, fancy a £10k overdraft limit and a £7,000 loan at a large APR. Stupidly I said yes. I tried to keep up, but failed. We're 11 years down the line, the debt has passed around from place to place. I moved a few times, they chased, but I never answered a single letter or phone call. 2013 it went to Arrow global, after that I found letters from capquest offering negotiations, Arrow again seemingly, then a month ago Blake and Morgan claim to have purchased the debt and asked me how much money I earn. I ignored and today received a county court claim form. First thing I did was ring the national debtline, who said I should ring blake and morgan asking for a statement of accounts and when the last payment was made. I did that. I apparently made a payment to the account early May 2012, they said this was most likely to Arrow as they had the account at the time, afterwards I found paperwork which said Arrow purchased the account in 2013, so this apparent payment can't of been to them. Morgan said the account is on hold for 30 days for the moment, and I was about to send a formal letter asking for the statement of accounts tomorrow when google led me here. Looking through my old bank statements, the last payment that went into that account was September 2010, nothing else went in, after that I stopped using the account as it was minus a large amount. I have statements up to Feb 2011 clarifying this. I can only assume I don't have any statements after this because the account was closed for no activity and being minus 10k. There is definitely no way I have made this payment in May 2012, the account should have been long shut. I rang Halifax to confirm when the account was shut and after very nearly getting the information I need the call mysteriously hung up and when I rang back the other woman I spoke to said they can't give me the information. Any advice would be much appreciated.
  18. Hi New to the forum but have reading through a lot of related threads and now i'm a little confused as what action to take (if any next). I have spend the last couple of years fixing my shambolic credit history, got myself into a right state back in 2010/2011 with debt totalling around £12k with various creditors, defaulted on everything and avoided by ignoring letters/moving, etc. Over the last 2 years I have been tackling them one by one arranging settlements and have a single creditor left totalling just over £4k. This debt is related to a Bill of Sale Agreement for car finance. I paid the agreed amount for nearly 2 years of the 3 year agreement before I defaulted. They ended up taking the vehicle and sold it at auction. I later found out that I could of contested them doing this since no Bill of Sale stamped by the court was produced. They also never provided me with an auction receipt to prove the amount the car was sold for. This was back in 2010/2011 but can't remember the exact dates. Fast forward to now i'm being chased by a DCA to pay the outstanding amount. They have sent a few letters which I have ignored up until now, letter essentially reads that if I do not contact them in 28 days then my account will be reviewed for legal action. Previous letters up until this have all been very nice. Considering the age of the debt, it's very close to being statue barred which could be why they are now looking at escalating. I have a default registered on my credit file from the DCA (not the creditor) dated 05/2011. I don't have any paperwork relating to the agreement or statement of the account so can't check if this date is true. So far I have not responded to any letters but I did call them around 6 months ago and tried to offer a settlement. They said they would call me back if they accept the offer but never did, nor have they attempted any other phone calls in attempt to recover. No subsequent letters have been in response from the phone call. So a few questions on this if I may:- 1) (In relation to SB) Have a shot myself in the foot by offering them a settlement over the phone? Haven't confirmed anything in writing. 2) What should be my next action? Continue to ignore or send a prove-it letter or CCA request? Any advice would be greatly appreciated
  19. Hi Everyone right here is my story, i took out a mobile phone contract with orange about 3 years or more ago now im not going to lie 3 years ago i was a little bugger and thats just say i took the contract out not for the contract and never paid a PENNY so i do owe orange the money, lowell have been sending me letters for years but have only recently threatened court action The thing is a week letter i receive this letter for a discounted offer, does this mean they have no evidence if they are offering me 40% discount, it does say if i dont pay this by the 30th they will take me to court the original amount is for something like £778 and now there offering me to just pay £467 something like that. Below i have attached the letter if you would like any more information please do no hesitate to ask Best Regards Backswine https://ibb.co/iDjBH5
  20. Hi Guys, Just checking something out and was looking for clarification. On my Equifax report, it states that an overdraft I had with HBOS. First late date payment was July 2011, then subsequent months late and then shows as defaulted in January 2012. I'm assuming as it shows, this means no payment since June 2011. The debt appears to have then been sold to Arrow Global as they have listed the default on Equifax in January 2012. I have never once communicated with Arrow Global on this. I obviously haven't made any payments to HBOS regarding this. Today I received a letter from shoosmiths asking for payment or even a partial payment to clear the entire amount in full and final settlement. It looks like to me they are clutching at straws and this will become statute barred as of June 2017. Can you confirm if I am correct? Thanks
  21. I don't want to go into a 1000 word essay so I've tried to summarise this down into valid points and be as brief but detailed as possible. On 24th December 2014, I visited Halfords and purchased engine oil 5L bottle and engine oil top up service. When the gentlemen from the 'we fit' team came to my car he just had a orange pouring beaker and nothing else. On pouring the engine oil into the vehicle and inspecting the dipstick I was slightly alarmed that the staff member wasn't using any measuring device and was seeming freely pouring at his hearts content, I decided to take a photograph of the top op occurring. My partner and her son where in the car whilst this was all on going. I assumed being a Halfords 'we fit' member it was probably just my own paranoia that he wasn't using a measuring device or jug. On completing the top up the staff member told me I was ready to go and it was complete and was about to shut the bonnet when I quickly noticed and informed him that the engine oil cap had not been reapplied and closed to the engine oil unit. The staff member apologised saying he had been at work since 6am and was very tired. So I left the store. On driving approximately 1-2 miles from the store smoke started coming out of the exhaust of the vehicle which i noticed from my rear view mirror and wing mirror. I immediately stopped the vehicle and as smoke was starting to appear from the exhaust and engine decided to check the engine oil top up. I at this time read the engine oil dipstick and saw that it was 3 times past the maximum mark. I took a photograph with it getting into the evening and at this point it became dark quite early and also for proof of the dipstick. I then returned to the store. On this point on returning to the store a 'engine malfunction' light appeared on my vehicle. I informed them of what had occurred and 2 members of staff inspected the engine oil. The supervisor told me she'd get equipment to drain the engine oil with the staff member. When they got this equipment because of the size of my vehicle it would not fit. Therefore the supervisor said she would ring halfords autocentre and see if an 'engine oil overfill' would cause any danger to drive. After ringing them she came back and told me that a mechanic at Halfords autocentre said the vehicle would be safe to drive with engine oil overfilled. I asked why the engine malfunction light was occurring and was told it was probably a false sensor alarm on the trip computer because the car was just 'slightly' over on engine oil. I asked what would happen if my vehicle was damaged or stopped working because of this and was told by the supervisor that I would have to seek reimbursement after purchasing the repair from Halfords Autocentre by bringing the receipt in store. To me this did not make logical sense and after googling the dangers of 'engine oil overfills' on my phone I decided to go into the store and speak to the staff to get some form of written liability and promise in writing. On speaking to the original staff member in store and his colleague they would not provide me anything in writing. I therefore decided to covertly record the conversation so I had some form of proof of the incident occurring and evidence. On speaking to the staff instore the store manager was at a till behind them. The staff told me to not worry and if anything did occur that 'Halfords would pay for it' as they had 'insurance in place for these kind of things'. I was told that mistakes did happen and before staff had fitted batteries in wrong and Halfords had paid the repair. The store manager then said that he drives his car which has 150k mileage on it with overfilled engine oil all the time and it does no damage. With this recorded I left and drove my vehicle home. I decided that something still did not seem right as I had been told 2-3 different things about reimbursement (insurance being involved...paying it myself and being reimbursed..halfords paying the repair costs..). These were three different things and to me it was not logical to drive a vehicle with a engine malfunction light. I kept the vehicle parked up and switched off and did no further driving. I rang my breakdown cover and asked them to send a mechanic out for an opinion. When the mechanic arrived he told me the car was unsafe to drive and the advice Halfords gave me was wrong. It was not safe to drive a car with overfilled engine oil as it was as bad as driving the vehicle with underfilled engine oil. He put this into a report of the breakdown he emailed to customer services, which I later requested. I therefore waited until Boxing Day and in the meanwhile i was left without a car because Halfords was not open during this period. When I rang the customer services on 26/12/14 at 2pm I spoke to someone there and they promised me that my car would be repaired until I was 'happy'. I asked them provide this in writing in which they did in the form of 'case notes' that were forwarded to me. I was told this would be done ASAP and the store would be instructed on how to do this. On being taken home by my mother at approximately 5pm I got a phonecall from someone claiming to work for Halfords claim team. I therefore spoke to them and they told me that they would require proof of the breakdown report and that the car was unsafe to drive as a result of the store's misadvice and negligence. I therefore asked them to put in writing this. Which they did in a email to me on 26/12/14 at 5.23pm I sent them the breakdown report, dipstick reading and audio recording on 26/12/14 at 9.58pm On the 29/12/14 I was contacted by the claims team via telephone on Monday throughout the day who said they would get the car towed to an autocentre to be flushed. This was done and I then awaited the car to be repaired. I asked about what would happen to any charges such as taxi for transport because of Halford's error and as since Xmas eve I had been without a car. I was told to email any costs in form of receipts and they would be reimbursed. On the 30/12/14 I was told the car would be repaired at 5pm. I decided to ring the autocentre repairing the car and ask them to specifically look at the catalytic converter and gasket and do a emissions test and thorough check of all components of the car as I was worried that from seeking advice these could be damaged. I was told this would be done. I picked the car up at 5pm and was given no receipt or invoice and was told that the car was done. Neither did I sign anything. On picking the vehicle up I noticed that before the car had been towed it had 3/4 full of petrol. It now only had below half so i took a photograph of this and asked for 25% of the petrol to be reimbursed to me, as I would not have lost this petrol if the matter had not happened and I sent Halfords the original receipt. The following day I noticed that the A/C was no longer working and neither was the audio system/CD player and these components of the vehicle had been before. I therefore tried to call Halfords but was told by the customer services team that the claims handler was busy and so they would get him to ring me back. I tried to call Halfords two more times within that week with the same response. On the 6th January (6 days) later I sent Halfords a email to the email address they had been corresponding to me at informing them of the problems with the vehicle and my concerns. I received no response and when I called on the 7th January was told that the claims handler who was dealing with my case did not work weekends and had been off so to allow a few days for a call back. On driving to Nottingham on the 9/1/15 M1 the same engine malfunction light that appeared on the engine oil overfill re-appeared on my car's trip computer and dashboard with a weird smell. I decided to pull in and call Halfords customer service and demand to speak to a manager. On calling them they put me through to the claims handler who told me to take the car to my nearest autocentre. I did this and on the 10/1/15 the autocentre confirmed that the diagnosis was that the car had a 'emissions fault' and the 'catalytic converter' needed replacing. Halfords claim team called me on the 10/1/15 and told me that the repair would be started on Monday. On Monday 12/1/15 I was called by the claims handler and told the repair would take upto 1 working day but as this autocentre was under staffed that they would require further time, so a courtesy car in the form of car hire had been sorted for me with Enterprise locally to me. I was told I had to pay the deposit amount on the vehicle but the rental fees would be covered by Halfords. Therefore with no other choice I accepted the rental vehicle. I did this and got the courtesy car. On Wednesday 14/1/15 I was called by the claims handler to say that 'due to the cost of the catalytic converter' an 'investigation' was going to take place to see how the catalytic converter had been damaged and not spotted before. I accepted Halfords to do this as I knew nothing had been done. On 23/1/15 I received an email from the claims handler saying that Halfords staff had given 3 witness statements stating that only 1 litre of engine oil was entered to the vehicle which all staff witnessed and the engine oil dipstick was seen by 3 members of staff who all said it was at minimum, thus the autocentre found the engine oil amounts to be between 1.5-2 litres over therefore this did not match amounts. The autocentre had raised no concerns at the time but the investigation concluded the engine oil amounts did not match and thus Halfords stated that after Halfords topped up the oil i must have added more oil to the vehicle and damaged the vehicle myself, therefore Halfords were no longer liable for the damage/s and expense/s and the car hire would be ended on 29/1/15. On the 30/1/15 I rang the customer services and informed them I would like to speak to someone above the claims handler as at the time of the incident occurring and the engine oil top up happening my partner who was a witness to it all was there and could testify that 3 people did not check/supervise the top up. I also informed Halfords that i had a photograph of the engine oil top up occurring which had a time/date linked to it which was further evidence. I was promised that I would get a phonecall from a higher up member of the team on the Monday 26/1/15 as the claims team did not work on a Saturday. I received no call on the 26/1/15 from anyone higher up and instead was greeted by this email from the claims handler: Dear XXXXX, I understand that you have contacted us over the weekend in regards our response dated the 23rd. I can confirm that I have already discussed this case in detail with Halfords' High Level Complaints Manager, XXXXXXXX, prior to sending the email on the 23rd and that she has confirmed our stance. As previously advised if you do wish to take this further then I can only advise that you seek independent legal advice and address any correspondence to Halfords Legal, as we will not be giving this further consideration at Customer Services. Kind regards XXXXX Claims Consultant I then decided to reply with a letter before action (LBA) and sent one via post to the address I was told to send further consideration to only (the legal team at halfords) via recorded delivery and one via email to the address for Halfords I had. I yesterday received the below response to my LBA. Dear Mr XXXXXX, I confirm receipt of your email. Taking into account our prior correspondence, we are comfortable that this is our final position on this matter, and we do not propose to respond to you further in this circumstance. We refute your assertion that liability has been accepted at any point and recommend that you do seek legal advice should you wish to take this further. We await service of your claims paperwork from your legal representative and would ask that your case number of XXXXXXX is on all paperwork submitted. Yours Sincerely XXXXXX Claims Consultant I am now fed up over the matter. I am going to commence a MCOL. But need help in writing the particulars section. I have looked on the internet but found no examples of applicable use and don't know if what I have done is good enough. Can anyone help? Oh and I forgot to mention have still not had my vehicle back..and car hire was cancelled 24 hours earlier than what I was told!
  22. This is also in our Media holiday and travel forum. From the BBC. Jeremy Clarkson will have to take a break from work for "quite some time" after contracting pneumonia, the TV presenter has said in a statement. The Grand Tour presenter was admitted to hospital on Friday after falling ill while on a family holiday in Majorca. http://www.bbc.com/news/uk-40846356
  23. Another of my daughters court cases. This time for a ee mobile telecoms debt. I will post up the poc later but in the meantime I have never had any involvement with a telecoms debt can you send a cpr31:14 or is there another way of obtaining information from the solicitors and the original debt holder ( EE ). Sleepingdog
  24. Hello, A number of PCNs from Smart Parking were delivered to my address in the last few weeks, for an alleged breach of the terms of parking at Matalan in Sutton, Surrey. This was subsequently followed by a Notice of Intended Court Action letter from Debt Recovery Plus (DRP), stating the reason for the PCN being issued as: "Overstayed Paid Time". Earlier this week, another letter was received from SCS Law who claim to act on behalf of Smart Parking Ltd who have allegedly instructed this law firm to recover the PCN charges. The letter then goes on to state that Smart Parking are entitled to the outstanding sum under contract law, adding: "When your vehicle parked at the above mentioned site(s), the driver of the vehicle agreed to be bound by the terms and conditions of parking which was displayed on signage throughout the site(s). The driver of the vehicle breached the terms and conditions of parking on each of the above stated occasions for the reason stated. For each contravention, a parking charge notice was issued, for which the sums owed remain outstanding. We refer you to the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67. In this case, the Supreme Court found that parking charge notices do not contravene the penalty rule or Unfair Terms in Consumer Contract Regulations 1999 provided they protect a legitimate interest. Unless payment is made within the next 14 days, we are instructed to issue court proceedings to recover the same and any of our client's legal costs, without further recourse to you". I visited the Matalan store last weekend and discussed my issue with a member of staff, with the hope Matalan would intervene and request for the PCN to be cancelled, being a regular customer of the store. The member of staff was not very helpful but did advise me to contact Smart Parking directly for any resolution and also pointed out that Smart Parking were no longer the contracted to manage the car park. I would now appreciate the kind assistance of our very valued forum members to advice on how to fight this PCN successfully and have provided some relevant pictures from the car park, if this helps construct a solid defence. Thank you.
  25. Hi All Trying to help a friend who is a mental health patient. He had a provident loan and then several times they rolled it over. Never checked he could afford it or asked for proof of income. They know he is on benefits and a mental health patient. Not SB last payment was 29/7/13. Was assigned 13 months, aug 14, later to A Kapital who then assigned it to PRA group end of dec 14. they say he was informed but he cant remember if was. Stopped paying as Agent stopped calling when not getting enough to cover it due to money. He said first he knew was the court papers which he has returned to sender after taking notes
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