Yes it's The Car

DoaM

I refer the honourable poster to my previous reply.

If you already have a claim reference then that same reference would go on both forms.

mc303

lol no claim ref as yet as I am doing it via snail mail

mc303

Hi, just about to post court proceeding when a letter from MBNA came through the door, they said there was no further information submitted to the claim and that the FOS agreed the repair was done, I sent a report to FOS clearly stating the repair had failed? Mbna have asked if I have further evidence to support the claim, well yes I have the report, I am speaking to them at this moment and will upload the document via their online submission, question is should I still post the letter to courts or how long should I give MBNA to respond (probably decline) my latest submission ?
thank you

mc303

Can anyone help me with my response on this one please , because I don't quite understand it

Dear Sir
!
We have been instructed to act on behalf of MBNA Limited in respect of the above claim.
!
Please find attached a signed copy of this firm’s letter to Court enclosing its Acknowledgment of Service, dated 25 August 2017. You will note that our client intends to defend the claim.
!
Our client has received a claim form which has been issued at Court dated 13 August 2017, relating to a claim brought by you under section 75 of the Consumer Credit Act 1974. Please can you confirm, as a matter of urgency, confirmation as to whether you intend to file and serve separate Particulars of Claim. If so, we can confirm that we are instructed to accept service of the Particulars of Claim. The reason we ask is that it is not clear from the claim form whether you intend to serve separate Particulars of Claim or if you intend that the details set out on the first page of the claim form to stand as your Particulars of Claim.
!
We look forward to hearing from you.
!
Yours faithfully

mc303

Hi, just a quick update, I have continued with the court claim, on Tuesday I received a letter from their solicitors asking me to return the car for repair, on Wednesday I emailed the solicitors acting on their behalf denying them the right for a fifth repair, last night at 9pm outside my house, 2 people pulled up and set the vehicle on fire. what can I say?
Thank you

pinkshoes

mc303 wrote: »

Hi, just a quick update, I have continued with the court claim, on Tuesday I received a letter from their solicitors asking me to return the car for repair, on Wednesday I emailed the solicitors acting on their behalf denying them the right for a fifth repair, last night at 9pm outside my house, 2 people pulled up and set the vehicle on fire. what can I say?
Thank you

Wft????? Are you thinking it is someone from the garage who set fire to the car?

m0bov

Half term...

mc303

Ok... could someone please advise me on this one, as I have stated above the car has now been reported as written off by the insurance company as it was petrol bombed outside my home 3 days after refusing the seller a 5th attempt at repair, a court hearing date for the case is in 2 weeks time, I contacted the court to ask their advise on the issue, that, should I win my case and be issued a full refund, I have no vehicle to return to the defendant, therefore should I drop the case?. the courts reply was, that the judge has responded stating he cannot give advice on any case.

Now I am not an expert so the only logical thing I can think of is to "drop the case" before the hearing, is this correct? or can I continue with the claim?

please advise as this whole episode in my life has been a total nightmare.
Thank you so much

waamo

If the insurance has (or is going to) pay out then you have no claim. You can't have the money twice.

mc303

waamo wrote: »

If the insurance has (or is going to) pay out then you have no claim. You can't have the money twice.

thx, i understand that, but the insurance has not paid out as such, my question is do I still have a case or do I need to drop the claim, I have not accepted or received any pay out from the insurance, their offer was to low so I declined.
please advise
thank you