Jump to content


  • Tweets

  • Posts

    • 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.  
    • Singapore sees its traditional rag and bone collectors as key to its sustainability plans. View the full article
    • its an if not they def will.   then snotty letter time
  • Recommended Topics

  • Our picks

  • Recommended Topics

Defective Default Notice received from MBNA


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4145 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

The Moving Finger writes; and, having writ,

Moves on: nor all your Piety nor Wit

Shall lure it back to cancel half a Line,

Nor all your Tears wash out a Word of it

 

OMAR KHYAM....

 

Around 1916 my mother was given a beautiful leather bound copy of Omar Khyam's verses by a young man she was engaged to, his photo still lives inside a silver cigarette case of the period.... sadly he was killed in France by the Boche.... happily, as she was in fact an orphan (and like many others scared of ending up inthe work house), about 1922 she met my father in the Crewe Working Men's Institute... my father was a pianist of some renown (amateur county cricketer too) and was always able to drink until closing time for free - as long as he played the piano. This is how they met.

 

TO BUSINESS.....

 

We have an MBNA card. We stopped paying before I found CAG and challenged them under Contract Law. Of course they did not comply, being an American firm, they knew exactly what we were after as this is how it is done in the US (no CCAct to stand in the way). Anyway, no contract, just lots of letters, threats and bull***t. We arrived at an impasse.

 

Cheeky s*ds even suggested we should mortgage our house or borrow off relatives.... how about that? We were well versed at keeping them at bay through the other method that many try to say it's American law... which is rubbish.... any excuse.

 

Then we found CAG and chanced our arm with a £1 PO...... loads of waffle, no real copy of anything.... then came a Default Notice.

 

Dated 99th aug it gave until 35th June TO PAY IN THE WHOLE DARNED LOT, some £10,000.... OKAY..... add 4 days to the statutory 14 for S class mail and they fail by a day. I think what's more interesting is that I THINK by demanding the lot they forewent it all, arrears as well. CAN ANYONE SAY IF THIS IS TRUE?

 

Anyway, I didn't have much of a grasp of Defaults then (still don't) so I went on ranting about contracts, validation, invoices and so on and in one letter I included this para....

 

"Banks create money by tricking the borrower into signing what they often refer to as “your contract with us”, the loan agreement. It is not what it seems and is unsafe for several reasons. For the bank however it is a promissory note (a bill of exchange, an IOU) which enables the bank to create new money/credit out of thin air on the surety of the borrower which it then credits to the borrower who is encouraged to believe the bank has loaned him its own money".. quote ends.

 

 

 

Banks do this by stamping the promissory note 'Pay to the Order of' and pay the £ value into an undisclosed transaction account as a bank liability (like any other cheque or cash paid into your own account where it is also a liability on the bank - in that you can withdraw it as you wish.... as the Bank of England says, "the banker can then give the borrower a cheque for that amount to pay away as he wishes".

 

 

Since a long time now, the only way money is created is by someone borrowing it,

a government, which underpins the loan on our surety (income tax - Gilts (IOU's) which themselves are bought and sold) and others by signing a surety, ie; the loan agreement. In both cases, new money is created.... old money is never loaned for it is already debt money, from earlier borrowings of one kind or another. This is broadly how the money supply increases

 

 

 

What the bank then does with your IOU is another story - it sells them.

 

The banker risks not a single penny of his own money nor anyone else's.

 

 

Anyway, getting back to our debt... a few days later we received a letter from MBNA thanking us for our request (of months earlier) for a copy of the agreement and they enclosed a typed copy of the details.... no form. They also included a statement showing that the account had been zeroed.... like, £0

 

 

 

The next month, Jan we received a letter from DCA stating that they had purchased the debt from MBNA . No advice, no proof. I sent them a rant about the usual things, unresolved dispute, invalid default notice (incidentally, there was no termination letter to follow the Default Notice) and threatened them with hell fire and brimstone if they continued to pursue us. That was last July. Not a squeak since.

 

 

What I would like to know, is it correct that by demanding the entire outstanding debt, of which 90% is demanded BEFORE IT IS DUE enough to lose them their rights to anything at-all. I am sure I've read something about this, but can't find it now.

 

 

Would appreciate any thoughts on this.

 

 

Thanks for reading..

 

 

charlie

Edited by charlie*
Link to post
Share on other sites

I've created a new thread for you so you don't get lost within someone elses. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

You could tell them to read the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, and that a failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119).

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites
The Moving Finger writes; and, having writ,

Moves on: nor all your Piety nor Wit

Shall lure it back to cancel half a Line,

Nor all your Tears wash out a Word of it

 

OMAR KHYAM....

 

Around 1916 my mother was given a beautiful leather bound copy of Omar Khyam's verses by a young man she was engaged to, his photo still lives inside a silver cigarette case of the period.... sadly he was killed in France by the Boche.... happily, as she was in fact an orphan (and like many others scared of ending up inthe work house), about 1922 she met my father in the Crewe Working Men's Institute... my father was a pianist of some renown (amateur county cricketer too) and was always able to drink until closing time for free - as long as he played the piano. This is how they met.

 

The Rubaiyat

 

TO BUSINESS.....

 

What I would like to know, is it correct that by demanding the entire outstanding debt, of which 90% is demanded BEFORE IT IS DUE enough to lose them their rights to anything at-all. I am sure I've read something about this, but can't find it now.

 

 

Would appreciate any thoughts on this.

 

 

Thanks for reading..

 

 

charlie

Before they can demant payment in full or indeed terminate the agreement, they need to send a complient Default Notice. That is the key document to allow them to carry on to Defcon 3. Your DN is short by one day, in order to make it complient, assuming that it was posted second class, which they usually are. The second but more important point is that they have demanded payment in full to rectify the default. This is unlawful Rescission, which you need to accept.

Edited by vint1954
Link to post
Share on other sites

Dear Dog of the Gods....

 

Thank you for your comments... this is what I wanted.

 

and

 

Vint.... of course, The Rubaiyat... the book is tucked away in a drawer

somewhere - I had forgotten - how could I, I read it oh 50 or 60 years ago

if not before then.

 

charlie

Link to post
Share on other sites

Being a bit slow on the uptake, I have only just realised that as the Default Notice was seriously at fault in itself, then MBNA have shot themselves in the foot even moreso by selling the debt to CapQuest - a month AFTER the date on the Default Notice?

 

What then to do about CapQuest for I expect they will come back sooner or later. Later, much later could be bad news for my family so I need to do my best to kill it now.

 

Thank you.

Link to post
Share on other sites

Since the Carey v's Hsbc case the mood has changed from one where you would be encouraged to press forward and attach this in court to one where you have to lie back take whatever is thrown at you (including adverse marks on your credit file) and defend if they take you to court.

This is because as defendant the burden of proof is upon Capquest but as claimant the burden of proof would be upon you.

I would suggest this will now go back to Mbna and another debt collector will be in touch within the next few months.

Really long process I'm afraid so you should decide wether a reduced amount as full and final settlement would suit you better.

Link to post
Share on other sites
Being a bit slow on the uptake, I have only just realised that as the Default Notice was seriously at fault in itself, then MBNA have shot themselves in the foot even moreso by selling the debt to CapQuest - a month AFTER the date on the Default Notice?

 

What then to do about CapQuest for I expect they will come back sooner or later. Later, much later could be bad news for my family so I need to do my best to kill it now.

 

Thank you.

You need to accept that unlawful rescission in writing to MBNA.

 

If you search diddydicky's posts over the last couple of weeks, there will be a letter to use. Send it to MBNA head office, not one of the PO box numbers.

Link to post
Share on other sites

Hi Vint, thanks for the heads up... I did find the

post after a while... phew!

 

Getting back to this MBNA DN.

 

It's dated XX June XX, states quite clearly that they

want every penny by the given date (one day

short tho allowing for 4 days postage) or, it

states....

 

"On or after the date shown your account will be closed....."

 

There is no mention of a T/letter and I never received one

anyway. What I got then was DCA demand dated early

XXX who only wrote that one letter.

 

So, question is, would it be safe to send to play 5 card stud

and send the diddlydicky letter as follows...

 

re your ref Account xxxxxxxxxxxxxxxxx-terminated agreement

 

i note that you have not advised me, subsequent to my acceptance of your unlawful repudiation of the alleged agreement in 2008 as to the genuine amount of arrears that were outstanding at the time of termination, against which i may have a counterclaim for damages. (assume lost in post!!!)

 

Appreciate any thoughts... ta.

 

Can't find my copy of The Rubaiyat... must be in a box in

the loft... I really must dig it out.

 

Charlie

Edited by charlie*
Link to post
Share on other sites

Charlie,

 

You may find that this is the letter that you sent them around July time;) They are terrible with paperwork.

Dear Sir/Madam

 

Re account no xxxxxxxxxxxxxx Unlawful Rescission.

 

I refer to your Default Notice dated xxxxxxxxxxxx 2009, posted second class and received by me on xxxxxxxxxxxxx 2009, and your subsequent actions confirming your previous written intentions to terminate the agreement.

 

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974. Your actions have resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. The default amount is also grossly misstated. Your actions have lead to you unlawfully rescinding the agreement.

 

By way of this letter, I accept your unlawful rescission of the agreement I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

I look forward to hearing from you.

 

Yours faithfully

 

Your letter to them now may state:

 

Dear sirs,

 

Account xxxxxxxxxxxxxxxxx-Unlawfully Rescinded Agreement

 

Further to my letter dated xxxx July 2009, accepting your unlawful termination of the above agreement, I note that you have yet to advised me, of the true and genuine default sum at that time.

 

Until I am in receipt of this information, you will appreciate that I am unable to clear this matter and determine a sum of dammages against you for unlawful rescission.

Link to post
Share on other sites

Oh yes, Vint, I seemed to have got my copy letters mixed up, I found it stuck to another copy letter, it was just a smigeon of rasberry jam and in another file. Thanks for reminding me.

 

I did more searching last night and came across the thread called..

 

ANATOMY OF A DEFAULT NOTICE....

 

It is very interesting and enlightening so I would suggest it as a 'must' for anyone intereted in Default Notices.

 

Along with the advices and suggestions herein, for which I thank you all, I now feel quite comfortable with proceeding ... if anything untoward happens, bearing in mind the caution by our colleague FREETHEMICE, I will open this again.

 

I have delibererately cocked up the dates and so-on in case there are spies.

 

Charlie

Link to post
Share on other sites
Oh yes, Vint, I seemed to have got my copy letters mixed up, I found it stuck to another copy letter, it was just a smigeon of rasberry jam and in another file. Thanks for reminding me.

 

I did more searching last night and came across the thread called..

 

ANATOMY OF A DEFAULT NOTICE....

 

It is very interesting and enlightening so I would suggest it as a 'must' for anyone intereted in Default Notices.

 

Along with the advices and suggestions herein, for which I thank you all, I now feel quite comfortable with proceeding ... if anything untoward happens, bearing in mind the caution by our colleague FREETHEMICE, I will open this again.

 

I have delibererately cocked up the dates and so-on in case there are spies.

 

Charlie

I felt sure that you would have had it somewhere Charlie.

 

Yes, that thread is a long read, almost as long as Omar's jottings. Worth the time though. I would suggest reading and digesting over a period.

 

With regard to instigating court action, I think it has always been the case put forward here, that it is better to defend. The recent cases are those where CMC's have taken the OC's to court over s78. s 78 was only ever meant to provide information, as we all came to realise, not thet the OC's ever seem capable of replying properly.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...