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    • I've just seen your new post. A letter before action is the same as a letter of claim. You don't need a template. You simply need to inform the garage that the vehicle you bought has developed X defect, Y defect, Z defect. He has already been informed of them and given an opportunity to repair and he has either refused the chance to repair or else he has attempted the repair and it has failed – whichever is the case and so under the consumer rights act you are asserting your right to reject the vehicle and you want him to make the appropriate arrangements to collect the vehicle and to refund you the purchase price – plus any associated losses – and if he does not do so within 14 days then you will sue him in the County Court and without any further notice. Don't make this threat if you're not serious about going ahead with it. On day 15 issue the papers. In the intervening 14 days register with money claim and start preparing your particulars of claim. You can post them here if you want us to check them. Whatever you do, on day 15 you send them the good news
    • Well done Shelley. I'll amend your thread title.   HB
    • I'm afraid that your story is rather overlong. It would have been easier to understand it all if there had been less of a narrative and more of a bullet pointed chronology of facts. Although you informed the dealer within 30 days that there was a problem, the Consumer Rights Act requires that there be a clear and unambiguous assertion of your short-term right to reject the vehicle. It doesn't appear to me that you have done this. This isn't a problem at all because you are still well within six months. I understand that you have given them an opportunity to repair and that you have now rejected the vehicle. This is enough to trigger your rights under the Consumer Rights Act as long as the defects which you are complaining about are sufficient to render the vehicle as less than satisfactory quality. As I say, I haven't read through the detail of your story and I certainly haven't looked at all of the PDFs that you have apparently uploaded but I get the impression that you have been quite meticulous in keeping records. I've looked at the Google reviews of Elite and I have to say it doesn't bode very well. https://www.google.com/search?q=Elite+Preowned+Vehicles&rlz=1C1CHBF_en-GBGB822GB822&oq=Elite+Preowned+Vehicles&aqs=chrome..69i57j0l2j69i60j69i61l2.575j0j7&sourceid=chrome&ie=UTF-8#lrd=0x47d8aa4f43f644d7:0x8e93221101489523,1,,,  There is no trust pilot page for them as yet. Maybe you would like to attend to that. You say that the dealer is fond of using social media so that kind of thing is important. Site team member@dx100uk has already suggested that you issue a letter of claim and that certainly seems the way to go although if you are driven to actually mount a claim and presented in court that I hope you won't mind me suggesting that you need to stop being a little bit more economical about the way you present your case. Just in case there is any debate over the defects which have been discovered and their significance then if you haven't done this already, you should make sure that you have got assessments and even quotations for the work from independent garages.
    • Hello dx100uk. Thanks for your attention and help with this. You had an even later night than me! I clicked on the 'letter before action' link which you kindly gave me. This took me to BankFodder's post 'Small Claims actions in the County Court FAQ - work in progress' which I have read through and also the 'Pre-Action Protocol' and 'Letter of Claim' links. I couldn't find reference to a Letter Before Action or is this the same as a Letter Of Claim? Also, my rejection letter already mentioned a 14 day period (taking us to 05/08/2019) for him to get back to me. Is it ok to send a Letter Before Action now? I only ask as I wouldn't want this to be viewed dimly by the court if it goes that far. I do understand that I need to take action as soon as possible so these are just a few clarification questions. I shall google for some Letter Before Action Templates and put something together. Thanks again.
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Debt, Mental Illness, PPI's and DMP help needed please

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if you find written proof the OC defaulted the account at an earlier date..


you send the DCA that proof giving them 14 days to correct their error else you'll raise a serious complaint with the ICO and also seek financial compensation for the damage to your credit reputation caused by their error.

no further communication will be entered into regarding the matter nor any further warning given.

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On 07/04/2019 at 12:15, Neeta said:


He currently has SC clearance but with a review date

- we fully disclosed our previous credit problems and detailed our payment plans to resolve them when he applied for clearance.


When he gets reviewed and it shows that we have stopped paying some of these off they may withdraw his clearance which will stop him being able to work.


I know you won't agree with this at all but I am tempted to offer a Full and Final payment, just to stop this getting worse again (for me personally and my mental health) and it affecting my husbands ability to work.

We are just getting on our feet again.


Given what I've explained about the SC would you have any additional advice please?


I've just completed my SC review and the format and some of the questions have changed since my last review.


You are now asked whether you have ever had any financial difficulties, so the idea that anything not on your CRA file doesn't matter is no longer current.

My advice is to declare everything (or at least to call NVS and ask whether you need to declare); you can also add an explanation to your forms.


My experience has been, in assisting someone who had £40+k debts, and speaking to NVS as her line manager, is that they are looking for you to demonstrate integrity. Being in debt is one thing - and it may be a pointer to susceptibility to risk, but not fatal, but showing lack of integrity is a surefire way to lose your clearance.  In the case of my staff member, I explained that she had been completely honest with me, that I had helped her to access a DMP,  but that some debts were disputed or statute-barred and no payments were being made on them. They accepted this, and she was cleared with a review at 6 months and 12 months - all they asked was proof that she was continuing to engage with her DMP.  I friend of mine, who has a DV clearance, went over his credit card limit - NVS simply asked him to show that he was paying off the overspend, and suggested that he stayed within the limit in future!  The thing is that NVS aren't looking to find ways not to grant clearances; they are looking to show that people aren't at risk or likely to become security risks.  Showing that you are dealing with issues is the important thing.

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The problem is that the OP has already lost their home, and offering full and final settlements willy nilly, is diverting money from priorities such as rent and council tax.


When I applied for my mortgage, and they asked why I had a couple defaults I was no longer paying off, I told them the truth, that I had SAR'd the OC's and found them to be loaded with unlawful fees, and therefore was disputing the sum owed.  If necessary I had proof to hand, but the Mortgage company seemed to be satisfied with my answer.


It's almost guaranteed that the OP, if they bothered to SAR would find their debts choca bloc with reclaimable fees.

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I haven't lost my home and I am currently managing my income and expenses very well.


I have sent SARs and reclaimed fees and PPI which reduced the original debts.


Thank you for the advice ScarlettPimpernel that was very helpful.

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Ok, I got the semantics wrong. The point I am making that the people who are really important to pay such as rent, council tax, energy bills, insurance should always take a huge priority over paying people who do not need to be paid.


The truth is that it's well known that unlawful PPI and fees are the cause of many payment disputes, so it's not outrageous to explain that is the reason for stopping payments to your creditors, until it's resolved.

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