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    • Morning dx, Doc1.pdfStarted early to scan, the first 18 pages I have scanned which is covering letter and witness statement MK1.   Have a nice day. Regards  
    • We all saw this coming. The start of curbs on the Electoral Commission for daring to investigate Johnson's financing of the Downing Street flat refurb and Vote Leave's referendum spending.   https://www.independent.co.uk/news/uk/politics/electoral-commission-boris-johnson-flat-b1868407.html  
    • Here's Chris Grey's blog on Brexit for June, with thoughts on matters beyond the headlines and bluster.   Brexit & Beyond: Johnson and, um, integrity CHRISGREYBREXITBLOG.BLOGSPOT.COM In my previous post , I argued that I did not think that Joe Biden’s intervention, for all that it was reported to be diplomatically forcefu...  
    • thanks Dx. Yes I am having a look at other threads as well.  
    • You say that you had some communication with Blue Motor Finance. Did you do this on the telephone or in writing? You should read our customer services guide. It's extremely important. You should try to do everything in writing but if you have to do things on the telephone then you should make sure that you make detailed notes of your call and then confirm them in writing. So for instance if your discussion with Blue Motor Finance was on the phone, you should make a note of everything that was said – including the fact that they said that the matter would have to be investigated because the dealer was prepared to carry out repair – and you should send this to be motor Finance with a note confirming that this was the conversation they had with you. It is very important to develop a paper trail. Otherwise everything becomes deniable. The situation is that if a defect occurs within the first 30 days of ownership of the vehicle then you are entitled to reject the vehicle under the Consumer Rights Act. You have to assert this right by contacting the dealer – and in this case Blue Motor Finance – in writing and point out that you are asserting a right under the Consumer Rights Act 2015 and you are rejecting the vehicle. Tell them that you want arrangements to be made to give you a refund of all costs including any costs or interest which has been levied by the finance company. Be tough with the finance company. Don't act as if they are do you a favour. Make sure they understand that you are not in the mood to muck around and you won't wait very long either. Don't forget that in this case because you have purchased the vehicle through hire purchase, it is Blue Motor Finance which is the responsible party. That is going to be helpful because if you had had to deal only with Chobham, you would have had very serious difficulties. In addition to writing to Blue Motor Finance to assert your rights, I suggest that you send them a copy of the article from the daily mail which has been linked above and you can draw their attention in your letter to the fact that this is the company that they are dealing with. You can send these messages to Blue Motor Finance by email. You should do this urgently. This weekend. You should also tell Blue Motor Finance that you have now taken advice and that you now understand that their initial statement that the matter needed investigation and that the dealer was going to carry out repair, is unacceptable and actually unlawful and contrary to the short-term right to reject contained in the Consumer Rights Act. Tell Blue Motor Finance that if they will not cooperate immediately in returning all of your money and cancelling the finance agreement that you will consider legal action against them for breach of contract and also for treating you unfairly country to their statutory duty under regulations developed by the Financial Conduct Authority. You should stop driving the car immediately. How far away from you is the dealer? Frankly you want to get rid of the car as quickly as possible. If you had not had finance in place then we would have cautioned you about this because you could end up losing possession of the car and also not having your refund. However, as you are dealing with a regulated finance company, and of course as the money has been loaned to you and you have not paid a great deal of it back it, your best interests would be in getting rid of the car so that it is no longer your responsibility to maintain, to insure or to generally worry about.   In addition to the hire purchase loan, did you pay anything on deposit? How did you pay? Did you pay by cash or by debit card or credit card? If you're confident then you should drive the car carefully to the dealer and leave it with them on their forecourt. Do not leave in the streets. You should photograph the car inside and out so that there is no argument later on as to the condition of the car when you returned it. If you are worried about driving the car then you should tell Blue Motor Finance that you want them to make immediate arrangements for the removal of the vehicle. Tell them that you are giving them seven days to organise this at the end of which you will charge in storage at £10 per day. This is assuming that you are keeping the vehicle on your own property and not on the road. As soon as you have got rid of the car, you should take immediate steps to inform the authorities that you are not the owner of the vehicle. Make sure that when you return the car it is returned with all its paperwork but you should use whatever portion of the V5 is necessary to transfer ownership away from you. Take copies of all the documentation before you hand them back. If you fail to do this and if the dealer does not change the ownership – then you are at risk of some other person driving it in your name and incurring penalties for road traffic offences or parking offences. That will then give you more complicated problems to deal with as you have to try and convince people that you are not the owner and not the driver of the car at the time. You should calculate exactly what this whole thing has cost you. This means all of your out-of-pocket expenses including the cost of going to see the car, going to fetch it, driving it back, any expense of insuring it or anything else because later on we will help you claim all of this back. Of course you will claim all expenses and fees et cetera associated with the finance agreement. As a matter of interest, how recent is the MOT on this vehicle? Who MOT'd it?  
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Just a thought.....


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If a bank is continuing to let charges spiral out of control and refuse to address the matter in a "sympathetic & positive way"; surely the bank can be accused of negligence by knowingly breaching the Banking Code and making someone go further into debt after that customer has tried to discuss and resolve the matter with the bank?

 

Negligence is a very strong point and most organisations don't like to hear about it.

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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the banking code isnt legally binding though, its not against the law to break the banking code sadly. in breaking the banking code they are breaking the banking code NOT the law. its the banking ombudsman that takes action against them for breaking it, not the courts if that explains to you.

you have grounds to make complaints on multiple points of the code but you have to go through their stupid complaint procedure for that. as ive said in the other thread id do it after youve finished the proper legal avenues.

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Don't you think that it would be possible to imply contractual duties out of the banking code?

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yes, but as youve said before its subjective. things like fairness are open to the interpretation of the court and we dont have case law here to fall back on because i dont think anyone has ever used the banking code in such a way. it would only be if the contract explicitly ties the banking code in in some way that we could refer to it id have thought though in vampryas case natwest do this it appears from the legal things on their website. it would be best wouldnt it to go after someone with regards to things that are written in stone rather than letting a judge decide what "sympathy" is. does that just mean the bank staff should empathise with the customer???

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Yes, I'm not at all certian that there could be a contractual requirement of 2Sympathy". Far too vague.

 

On the other hand, one doesn't necessarily need a body of case law to help produce an acceptable definition of fairness.

 

I would expect that a court could be quite receptive to the idea of receiving help contained within the Unfair (Contracts) Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999.

 

Both of these statutes are intended to benefit consumers by implying in or implying out certain contractual terms.

Both of statutes are concerned with contracts which are made on the standard conditions of a dominant party.

Both of these statutes are intended in some measure to redress the balance between the consumer on one hand and a dominant business contracting partner on the other.

These are all pretty well the same objectives as the Banking Code.

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I have been away so I have only just caught up with this.

 

When I had a meeting with the area manager (NatWest) he told me that the bank had not acted improperly with the charges, even though he must have known exactly what the charges represented.

 

Since I have joined this group the information I have obtained convinces me that no only is there a financial obligation there is also a moral implication.

 

I am driven to get justice for my daughter, but I am also driven by the fact that when this is resolved I will not stop until it is recognised that the bank staff deliberately kept my daughter in poverty knowingly and that there moral action has put her life at risk; (I had to physically restrain her two days ago when I found her cutting herself) once again I have to ask is this what it will take before all banks take moral responsibility for their actions?

 

Jo

Have you ever known a bank to admit they are in the wrong??

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  • 5 years later...

I kind of no what your going through joe

 

Ive self harmed before and ended up in a mental health hospital.

 

I strongly belive there is a way of fighting through the TOC's the bank hold I.e. the leaflets we get.

 

Banking these days are lealfets and guidelines through other correspondence.

 

Please take a back seat and write to the banks and ask to be considered under hardship regulations. This should hold some gearing sticks for you to sort the matter out.

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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  • 7 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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That way you will attract more attention to your story and get more visitors and more help 

 

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