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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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I have just introduced myself, in the welcome part of the forum. I began two claims this week. First was Subject Access Request for my personal account and then felt brave and decided to initiate the process on my business account too. In spit of reading and loads of threads and pages, I think I made a mistake on the business side... I already had all the statements so just went through highlighting the unlawful charges in pink and then the interest on the unauthorised overdraft in yellow. I then totted them up and filled in the xxx bits on the library letter (business version) giving them 14 days etc. I don't rememberreading anything about 'prelim' letters and terrified that I have shot myself in the foot.. If anyone can offer any advice, I'd be really grateful. Many thanks..

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Rebecca,

you haven't made that big a mistake, however, in the eye's of the courts you should give them adequate time to answer. No doubt they will come back with a standard letter on or around the 14 day mark, I would be tempted to send the LBA letter again giving them 14 further days before going for the jugular. You can't go back on this now, but you just need to make sure the Bank takes you seriously.

:p

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Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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As I live in a small town and the bank staff know exactly who I am and what I'm like, so there is no doubt that they will take me seriously.. once I get my teeth into something I am the proverbial dog with a bone:D Just wish I could have been a fly on the wall when they read the letter.. hee hee:p Please don't desert me on here though.. I really need your moral support and advice..

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I've just opened the post and have a letter from RBS re: my business account. It is the "we believe our charges are fair, reasonable and transparent" one but then at the bottom it says "we confirm that the recent media coverage relating to the office of fair trading charges does not apply to business accounts"

 

Shall I just sit tight, or shall respond? Any help would be really appreciated. Many thanks, Rebecca

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Hiya!

 

I'd respond with a second letter giving them 14 days before court proceedings!

 

Good luck xx

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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The OFT ruling related to credit card fees, they're just trying to fob you off, you're not claiming because of the OFTs ruling you're claiming beacuse the charges are unlawful!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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The whole OFT thing is a red herring and it is safe to ignore it in relation to your claim for unlawful charges. Do not let them fob you off with this.

 

Stick to your timetable and issue the claim at the expiry of your deadline.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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I have just drafted the following letter to RBS. In view of the fact that i didn'tsend a prelim letter (just used library business version) do you think I should give them the extended deadline (28 days in all), or should I just proceed to file my claim on 25th July (14 days after first LBA). I won't post the second letter until I hear back, so I'd be grateful for anyone's input and thanks for everything to date!

 

 

 

 

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXX t/a xxxxxxxxx

 

 

 

Thank you for acknowledging my letter of 11th July, informing you of my intention to take court action.

 

As a gesture of goodwill on my part, I will extent the period which I am prepared to wait until initiating court action until 8th August. On that date, if I have not received a repayment in full as outlined in my previous letter, I shall commence proceedings forthwith. I enclose a copy of my previous letter for your reference.

 

It may also be prudent to mention that I am not claiming because of the Office of Fair Trading ruling, I am claiming because the charges are unlawful. Yours....

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Hi Shopaholic,

 

Just keep to your original timetable, I have done this and things are moving lots faster....

 

You will get many letters from different offices, I have had two from a lady in Glasgow collections centre offering me a quarter of what is owed, which I have turned down, then I have recieved another letter from the customer relations unit offering the same amount...

 

and all the time i'm keeping to the timetable I have set

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Hi Rebecca,

 

They reccomend giving 28 days on this site as that is seen to be a reasonable attempt to settle out of court, the letter sounds fine I'd just send that!

 

Stacy

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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It is true that the OFT rport does not apply to business accounts as it was an investigation conducted under the Unfair terms in Consumer Contract regs 1999 which do not apply to business accounts. If you had read the material thoroughly you would have found this out.

 

However, the principles of the OFT report do apply as they merely reinforce the common law and this does appy to all contracts - business or consumer. Furthermore, it can be said that the prinipcles contained within the UTCCR also apply to business contracts because they can be said to reinforce the common law.

 

So just tell the bank that you are relying on basic common law principles and that you will be carrying on.

 

Now please will you read the announcement which appears at the top of every forum headed

 

"Some people are making mistakes"

 

It applies to you and to everyone else who didn't know the answer.

 

the material is all here. there are very few questions which haven't been answered.

it only takes an investment of time.

 

Sorry if you find this post brusque.

 

We really are on your side so I hope that you won't get the hump!!

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Point taken, Bankfodder. I know how busy you must be and what a pain in the a***e people like me are. I promise, I haven't undertaken this claim lightly and I'm reading as many threads and cases as I can take in, including FAQs etc.. I have found it ok to navigate the claim for personal account charges but the business route still seems ambiguous. However, I have now re-drafted the letter thus:

 

"Thank you for acknowledging my letter of 11th July, informing you of my intention to take court action.

 

As a gesture of goodwill on my part, I will extend the period which I am prepared to wait until initiating court action until 8th August. On that date, if I have not received a repayment in full as outlined in my previous letter, I shall commence proceedings forthwith. I enclose a copy of my previous letter for your reference.

 

It may also be prudent to mention that I am aware that the Office of Fair Trading ruling, did not apply to business accounts. The principles, however, of the OFT report do apply as they merely reinforce the common law and this applies to all contracts - business or consumer. Furthermore, it can be said that the principles contained within the Unfair Terms in Consumer Contract Regulations 1999 also apply to business contracts because they can be said to reinforce the common law."

 

 

 

Is that better, please?

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Guest NATTIE

I think you'll get a response. Don't worry about branch staff, am part of same group so I kinda know the score. The branch may deal with the initial letter but this letter will be dealt with by a different department that deals with OFT and unfair charges. You'll get the charges back

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  • 2 weeks later...

I have come to the conclusion that I will definitely have moved before all this stuff is over and I did discuss it with my solicitor before I launched my attack. However, I am wondering:

 

a) if I can continue to take action from a country outside the EU via this site

 

b) If the case goes to court and I win (which I will) will the Bank be liable for my expenses travelling back to U.K. to attend?

 

c) If you were me, would you hand over to a solicitor and, if so, can I claim their costs back too?

 

Any advice you can give will be much appreciated. Many thanks, Rebecca

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I have come to the conclusion that I will definitely have moved before all this stuff is over and I did discuss it with my solicitor before I launched my attack. However, I am wondering:

 

a) if I can continue to take action from a country outside the EU via this site

 

b) If the case goes to court and I win (which I will) will the Bank be liable for my expenses travelling back to U.K. to attend?

 

c) If you were me, would you hand over to a solicitor and, if so, can I claim their costs back too?

 

Any advice you can give will be much appreciated. Many thanks, Rebecca

 

Hello? Anyone out there know the answer please?

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I have come to the conclusion that I will definitely have moved before all this stuff is over and I did discuss it with my solicitor before I launched my attack. However, I am wondering:

 

a) if I can continue to take action from a country outside the EU via this site

 

b) If the case goes to court and I win (which I will) will the Bank be liable for my expenses travelling back to U.K. to attend?

 

c) If you were me, would you hand over to a solicitor and, if so, can I claim their costs back too?

 

Any advice you can give will be much appreciated. Many thanks, Rebecca

 

My faith is fading ... please can anyone advise

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I dont know the answer to a + b but as a small claims court claim (I take it it is)

you do not get expenses. at least that is my understanding so c is out (i think)

Any expenses you'll have to bear

 

there are however loads of vultures out there just waiting to get a piece of the action for a fee I wouldnt be bothered with them though. I saw one wanting 33.3% of the claim. another wanted a fixed fee. its your call, your money, your decision

 

Dave

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** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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In today's post I received the following letter:

 

"XXXXX at our xxxxx branch has passed me details of your complaint to investigate.

 

I can confirm that the charges applied to your account are correct and in acordance with our published tariff. It is your responsiblity to ensure that there is sufficient cleared money in your account to meet all items that are presented for payment.

 

We believe that our charges are fair, reasonable and trasparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff which we are satisfied complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.

 

The OFT is presently in contact with us with seven other major credit card companies to discuss the level of charges on credit cards. It is important that I emphasise these discussions are limited to charges to credit cards only.

 

Consequently, against the background I must differ with your views and I will not be refunding any of the charges applied to your bank account.

 

I trust this clarifies matters.

 

Yours sincerely"

 

 

The date by which I requested charges to be refunded is 8th August. Shall I just submit a claim then and not bother responding, or should I respond saying that I will take court action as previously advised, please??? I appreciate your help - many thanks.

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I'd take that as their final response and take the next step.

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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