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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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Amex Platinum Charge Card


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Can monies be transferred from a regulated agreement (Amex Flex Account attached to the charge card) to the unregulated agreement (Charge Card) each month? My thinking is that they are two separate accounts and should be treated so. Otherwise what is to stop Amex transferring all the regulated credit facility into the unregulated credit facility?

 

Alan

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Letter from Amex informing me they have sold the account. Surprised that they would sell a charge card account, but not overly bothered. I wonder if they got a good price for it, as they offered me 60% off.

 

Alan

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Hello Alan!

 

Mmmm...that's interesting!

 

Must be something wrong with the alleged Agreement in that case, because Amex don't tend to sell their alleged Debts!

 

I'd have a good slow and long look through all of your paperwork, and also get a SAR off to Amex soon. Not just yet, wait a little while for the Sale to appear in their documents, so that you get to see anything useful.

 

Be on standby to CCA/S.A.R. any DCA pond life that appears, and have the no harassment strategy ready as well.

 

The hassle will start all over again when the DCA tries to collect, so let them start, then get ready to prod them in both eyes once they have made a few calls and you have a sequence of harassment established.

 

Also, hunt out the Default Notices and Cancellation letters, because they could well add some real meat to your counter-attack against the DCA when they come collecting.

 

Cheers,

BRW

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BRW do you think section 173 could be appropriate in this case?

 

Alan

 

Contracting-out forbidden

 

173

 

(1) A term contained in a regulated agreement or linked transaction, or in any other agreement relating to an actual or prospective regulated agreement or linked transaction, is void if, and to the extent that, it is inconsistent with a provision for the protection of the debtor or hirer or his relative or any surety contained in this Act or in any regulation made under this Act.

 

(2) Where a provision specifies the duty or liability of the debtor or hirer or his relative or any surety in certain circumstances, a term is inconsistent with that provision if it purports to impose, directly or indirectly, an additional duty or liability on him in those circumstances.

 

(3) Notwithstanding subsection (1), a provision of this Act under which a thing may be done in relation to any person on an order of the court or the [F1 OFT] only shall not be taken to prevent its being done at any time with that person’s consent given at that time, but the refusal of such consent shall not give rise to any liability.

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They issued their normal invalid Default Notice for the Flex account, and then terminated about three weeks later.

 

At the time it was terminated, they had transferred three payments from the Flex account to the charge card. It is this part where they appear to be overcoming CCA1974.

 

Alan

Edited by alangee
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Hello Alan!

 

They issued their normal invalid Default Notice for the Flex account, and then terminated about three weeks later.

 

That's good as far as that one goes.

 

At the time it was terminated, they had transferred three payments from the Flex account to the charge card. It is this part where they appear to be overcoming CCA1974.

 

Yes, it does indeed.

 

I would think this must go against the OFT Debt Collection Guidelines, i.e. they are using Debt to pay off other Debt, so that could be a breach on those grounds perhaps.

 

Cheers,

BRW

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  • 5 months later...

Hi Hestia

 

I am still corresponding with CapQuest - the DCA they sold it to. I am still trying to confirm if it was an absolute or equitable sale. Neither Amex or CapQuest seem to want to answer my question, which is interesting.

 

The DN is faulty - I have never seen a good one from Amex yet. They do not have an agreement for the Flex account, and the application for the charge card was for another card that was fully paid up about 8 years ago, so, I just answer their threat letters with 'Account in Dispute'.

 

Alan

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