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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Un-roadworthy Used Car Bought On Finance


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Hi folks,

I purchased a car on finance in December 2016.

I viewed the car and agreed that I was wanted to go ahead and make the purchase as I already had the finance sorted.

 

The only thing that I noticed was a whine coming from the engine,

but not being a mechanic I never really bothered about it as I had always wanted this make and model.

 

I contacted the finance company and gave them all the details of the trader and the car, and then signed all the paperwork at the showroom.

 

I was told the car was going to go into the workshop to be be checked over

I told them I would collect the following weekend to give them some time.

 

I physically collected the car a week after signing the documents, which was the 10th December 2016.

 

A couple of days after driving it the whine got pretty bad,

 

I swung by my local garage and asked them

to be told me that the turbo was on it's way out, and it's a potential expensive fix,

I contacted the dealer and he asked me to bring it back to assess it.

 

That same week I got in my car in the city centre to drive home from work and the front spring snapped when i shut the driver's door.

I eventually managed to have it recovered to the dealer and get a lift home.

 

The dealer told me they would replace the spring and the turbo at the same time. Excellent.

With the turbo playing on my mind the slight popping from the front driver's wheel wasn't a priority,

 

but now the car was driving much quieter I could hear it every time I went over a bump or turned the steering to the right.

was now over my 30 day warranty

had the front suspension mount replaced. No dice.

 

After 5 months of annoying knocking,

in May my local garage took the car in again and replaced the drop link,

 

since the car was giving poor MPG I had it checked out,

to find it was running cold,

and the thermostat had stuck open,

had the EGR and main thermostat replaced at my expense.

 

When it was in my local garage the mechanic noticed a slight oil leak and asked me if I wanted him to check it out, I said yes.

 

He removed the skid plates from under the car to find a leak from the oil sump,

there was some sort of epoxy putty covering the source of the leak but it was still seeping from the sides. the oil leak was gradual.

 

He quoted me over £400 to replace the oil sump and replace the oil.

This was just the last straw.

 

contacted the trader and after 4 weeks they had not replied,

contacted my finance company who told me I was 3 days over the 6 months and I would need to pay to have the car inspected to prove the faults were there when I got the car.

 

I paid and had an inspection done, to be told the car has 21 FAULTS!!

One of which deemed the car dangerous to drive!

I needed the car for work

 

again,

I paid to have the cracked front hub replaced so I could get some use of the car safely.

the other 20 faults involve

leaking suspension all round,

a bent front drop link (possibly when the spring snapped as it's the same side),

suspension bars which have completely rusted away and loads more.

 

The total cost to repair these faults is £3'141.00!!

 

Hopefully there isn't a judge in this land who could try and say that a suspension rod could rust completely rust away and crumble in the space of 6 months, neither could an oil sump which is covered by a strong skid plate be punctured and repair itself with putty.

 

I passed the report on to the finance company

they have spoken to the garage who did the inspection

who verified most of the issues they found were more than likely over 6 months old,

now I am waiting to hear back as to what the next step would be.

 

The thing is,

if they are going by the date I signed the finance agreement then they are correct,

however I never took collection of the car until a week AFTER I signed the paperwork

I would never had 6 months opportunity to highlight any faults.

 

21 faults found on a car in the first 6 months ownership is ridiculous,

and I am looking to find out the best and worst case scenario, given the costs to put it right.

 

Sorry for the long winded explanation but I wanted to give a clear explanation as to the history of problems with my 2006 BMW 320d.

Edited by dx100uk
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the only part 6mts plays here

is upon who pays to have the inspection done [RE: CRA]

 

 

pers i'd reject the car.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the only part 6mts plays here

is upon who pays to have the inspection done [RE: CRA]

 

 

pers i'd reject the car.

 

Apparently not. The first 6 months the finance company must prove the faults were not on the car when it was sold. After 6 months it's the consumer who must prove that they were and that includes forking out the cash to get an inspection done. Not sure if I can request to choose another car at this stage or not.

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yes that's what I mean.

 

 

cant see why you cant reject the car

its a dog

and why you ever paid to fix the errors is beyond me

its their car

they pay!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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