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    • 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?  
    • Brexit = United Ireland within 20 years.  Arguable possibility.    
    • Please can you tell us about the car you bought - make/model/mileage/price.   What are the surnames of Nathan and of Alex?   What address are Chobham Central Motors using?   As you will see from this website and from the Daily Mail article -  Downfall of car dealer who sold death traps: Chancer forged court papers and refused to pay refunds | Daily Mail Online WWW.DAILYMAIL.CO.UK Ahmed Alwaheeb's firms sold cars riddled with faults - and which sometimes had government recall notices that required manufacturers to fix safety issues - but refused to refund customers.     You have bought your car from a bunch of dealers who don't seem to be very scrupulous about the way that they operate.  However, you have saved yourself by using a finance company.  I think that you may be the first people we have come across who have not paid cash to this company.   Citizens Advice are right that if your arrangement is a hire purchase arrangement then your action will be against Blue Motor Finance -  Home Page - Blue Motor Finance BLUE.CO.UK     Chobham used to be registered with the Motoring Ombudsman but they withdrew after some decisions against them.   The so called Motorcomplaints service which is apparently run by someone called Alex, is in fact part of the Chobham/EMC etc bunch and seems to have been setup to make customers think that their complaint has been reviewed by an independent arbiter - when in fact it hasn't.   The motor complaints service to which you been referred by Chobham and which is apparently run by Alex should not be confused with the Motor Ombudsman scheme which is a legitimate organisation although frankly it's probably not very useful anyway.   All of this has been reported to Citizen's Advice and Trading Standards many times and nothing has ever been done about them.  Even the Daily Mail article failed to prompt any authorities to take any action   Blue Motor Finance are wrong to tell you that they have to investigate first.  The dealer has no right to insist upon a repair as you have reacted and asserted your rights within 30 days of purchase.   You will have to get tough with Blue Motor and we will help you.  
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    • its an if not they def will.   then snotty letter time
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Prelimanary letter sent on 26th June 2006 for £3,448.50.

 

Standard reply recieved 29th June 2006.

 

Will send LBA on July 10th.

 

Fingers crossed x

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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No a man. hope all this pays off!!!!!!!!!!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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  • 2 weeks later...

I sent of my LBA today so fingers crossed.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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I will not say good luck and you do not need to cross your fingers.

It is your money and they have taken it unlawfully, which is why they never go to court.

Stick to the timescales, do not allow yourself to be diverted and THEY WILL PAY

Any help just ask

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  • 3 weeks later...

Hi can anyone help i am doing my money claim now. I have cut and paste in this

is this what i put in the particulars of claim or am i on the wrong track. would appreciate help.

 

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

You have repeatedly asked the bank to justify their charges but they have declined to do so.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Well I have managed fingers crossed i have done it correctly. Moneyclaim sent.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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I have just looked at my moneyclaim and it all looks real now!!! Counting the days down now!!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Got my notice of issue today. FD will have to respond by the 21st of the month. Its moving so fast yet so slow if you know what i mean!!!!!!!!!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Well claim was acknowledged today, so on the last hurdle now!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Hopefully you'll get an offer soon!! ;)

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Got letter today from court informing FD intend to defend.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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xxxxdeletedxxxx

 

Ignore me, complete incompetence on my part.....

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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No it was me half asleep not making sense!!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Now they have said to defend do i have to do anything or just wait? People have been mentioning sending copy of schedules in but not sure when or if i do this? Any advice would be useful.

 

Thanks

 

Englishrose

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Thanks, my offer of half letter was waiting for me when i returned home today!! Nearly there fingers crossed.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Last hurdle now before finishing post!!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Faxed my response today, supported by the letter in the post. so now just wainting patiently.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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I have just had my full offer!!!!!!!!!!! I cant believe it, i cant stop smiling it feels good. Thanks to eveyone on here for all your help and suppot. Donation on the way when i get my money!!!!

:D :D :D :D :D

What have people done about the confidentiality statement? Have they just signed or is there something i am suppose to do to enable me to discuss it on this board etc.?

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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I crossed out the confidentiality clause, signed it & sent it back.

 

Well done!!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Thanks, I am going cross it our and send it back today. Will feel much better once the money is in my account!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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I crossed out the confidentialty statement faxed it back yesterday. Got my letter today saying money will be in my bank in the next 7 days!!!!!!!!!!!!!!!!!! Do i wait until my money is in my account before i contact moneyclaim and how do i go about this can i do it on line or do i have to ring them??????????

 

Yipppppppppppppppeeeeeeeeeeeeeeee!!!!!!!!!!!! I WON:D :D

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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The money was in my bank this morning. Its a great feeling not its all finished.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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