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    • The questions you are asking are entirely reasonable. Citizens advice are well-intentioned – but I'm afraid that's probably about the best you can say about them for this kind of problem. Send the letter that I have suggested immediately to the dealership in the way that I have suggested. You have nothing to lose but time is running out and it's important to lay a paper trail in every direction. At the end of the day you are dealing with a finance company that would like nothing better than to try and avoid its obligations or at least make things difficult for you. Please take the advice. If you won't then I'm not sure what else we can do. I see that this is hire purchase so that means that blue motor finance are directly responsible – but in any event, cover your bases and send the letter to the dealership as well – copy to blue motor finance. You say what action can you take after the 30 day timeline that you set. Why did you set a timeline if you had no idea what's going to happen at the end of that 30 days? I think 30 days is far too long. You should be considering taking action much more quickly than that and if you are going to take advice from us then you will find that we work very quickly and very assertively and we make sure that you take control and remain in control of the problem. Setting open-ended deadlines hands control over to the finance company or to the dealership – the finance company in this case. This puts you in a position where you never know what is happening and as you've already said, you have a motorcar that is likely to incur storage charges. Have you informed the finance company that they will be held liable for the storage charges? I expect that you haven't. Please send the letter that I have suggested and then come back here and we will continue outlining the action that you should take. You're very lucky that you've done most of this on finance. Most of the victims of these scamming car dealers have not been so lucky and they have lost substantial amounts of cash.
    • Still no Default Notice issued… order of sheriff issued today 🙏🏻🙏🏻🙏🏻 Can’t upload pdf so have copied the text  21 October 2021   The Sheriff orders the claimant to take the following step by : 19 November 2021 1. lodge online copies of all documents they intend to rely upon to establish their claim. Possibility of dismissal The sheriff considers that taking the steps listed above is necessary for the progress of this case. The claimant is warned that unless these steps are taken, this case will be dismissed without further warning. If the step listed above are not taken then the sheriff dismisses the claim against the respondent. Signed by:
    • Just to confirm, the letter needs to be sent to the dealership also? We was advised by Citizens Advice to send it directly to the finance company which we have done. We did not talk any action that is going to be taken after the deadline - What action can we take after this time? You advised to say that we're prepared to go to court to unravel the contract and to get any money back from them but what exactly does this mean?  We're all for making these threats/claims but I would like to know more information to answer their queries to said claim   Thank you for helping by the way!  
    • Thank you. Have you send the letter of rejection to Chobham? You should send them the letter exactly as I have advised above even if they are no longer in existence. It's important to show that you have rejected the vehicle and if Chobham have not received the letter then that is their lookout. Make sure that you keep the finance company in the loop all the time. Blue Motor Finance do not have a very good record for being particularly consumer facing on these kinds of things although this is not the first time that they have supplied finance to one of this group of scammers and eventually they do come through. However you need to lay down the law with them. You tell them to resolve it within 30 days. Then what? There is no point in setting deadlines for people and not telling them what's going to happen after the deadline. Did you make a threat? Please confirm that you have sent the letter as I suggested above. It is really important. If you come here for advice then you should take the advice
    • You have done very well to tell them to put everything in writing. This is a pretty common story. Don't worry about it and refused to engage until you get something in writing. When you do get something in writing then come to us and update this thread.
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angel v cap1 won sort of


angel1977
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On Sat the postie gave me this from the courts

 

"Your application was referred to the District Judge for directions, who had made the following comments" "Send the claimant a copy of the Defendant's letter dated 4/09/2009. The claimant is to reply to the court in seven days as to how this affects her application and whether or not she wishes to amend it."

 

The copy of Cap1 letter is simply a letter to the courts advising them that they have refunded my claim, but nothing about the fact they closed my account whilst it was in disputed which is what i (and all those who helped me) did so i'm not really sure what my next step is or how i tell them i want to continue my amended claim.

 

Ok, I'm unsure why this has been done if your amended claim was put into court, it might be worth ringing the court and asking if the amended claim was put before the judge at the same time as the letter from the defendant.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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ok i have finally gotten through to the court and have been assured that the amended claim was put before the Judge, i explained that cap1 1 defaulted me on a disputed account and have been told to hand in a letter stating that i want to carry on with my amened claim.

I am wondering if i should also state again in my letter why i have amended my claim as i have a feeling what i'm trying to do is not understood by the courts.

In my amended claim i even put in copies of the default notice and the cap1 letter that says they have given a full refund and high lighted the dates.

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ok i have finally gotten through to the court and have been assured that the amended claim was put before the Judge, i explained that cap1 1 defaulted me on a disputed account and have been told to hand in a letter stating that i want to carry on with my amened claim.

I am wondering if i should also state again in my letter why i have amended my claim as i have a feeling what i'm trying to do is not understood by the courts.

In my amended claim i even put in copies of the default notice and the cap1 letter that says they have given a full refund and high lighted the dates.

 

Hmm that is strange, like you say it cant hurt to set out in as brief details as you can why you NEED to carry the claim on. If you dont that default will not get removed without re-taking them to court I feel.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thanks i will defo do that, does anyone know what County Court Act i should quote? I am quite willing to look for it if someone can give me a starting point but i have to have this in tomorrow. I have been working 8am-8pm since friday which is why i have not been on this sooner.

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