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    • Hello BankFodder. Firstly thanks for your help with this. I do appreciate your candid response. Sorry my post was so long-winded. I am working on a 1050 character precis for the claim form! I only uploaded 2 pdfs in the end. One being the email of rejection. I will use this to send a letter and include 'after which I will sue without further notice' text.   Can I keep using the vehicle after issuing the rejection? I don't want drive it to but would need to limp it to a garage to get assessments and quotes. I would have to borrow the money to get it trailered.   I am 100% seeing this through. I cannot lose this much money. I want to get all the paperwork ready immediately so it can be issued on day 15. I will post the particulars of claim here for checking. Thanks again.
    • 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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dori2o

Advantis chasing Amex 'debt'

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It is definitely statute barred!

 

 

There's been some argument on the forum about whether the six years starts on the date of the last payment, the date of the first missed payment, or the date of the default because this is when they have a cause of action against you. I think it's now considered to be the date of the default.

 

 

I assume the first letter was giving you 14 days to pay, and the second one on 31st October was also terminating the account as you hadn't paid?

 

 

My timing is about the same as yours and as far as I'm concerned they've had well over six years to do something but haven't so it's now SB.

 

 

I know for a fact that the T&Cs they said were on the back of my application form could not have been there and I told them I could prove it.

 

 

They tried one pretty useless DCA who was seen off with one letter, and about a year ago I got statements for about four months and letters offering up to 60% discounts. When they start offering those I think they are admitting that they know they have an unenforceable agreement.

 

 

DD

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It is definitely statute barred!

 

 

There's been some argument on the forum about whether the six years starts on the date of the last payment, the date of the first missed payment, or the date of the default because this is when they have a cause of action against you. I think it's now considered to be the date of the default.

 

 

I assume the first letter was giving you 14 days to pay, and the second one on 31st October was also terminating the account as you hadn't paid?

 

 

My timing is about the same as yours and as far as I'm concerned they've had well over six years to do something but haven't so it's now SB.

 

 

I know for a fact that the T&Cs they said were on the back of my application form could not have been there and I told them I could prove it.

 

 

They tried one pretty useless DCA who was seen off with one letter, and about a year ago I got statements for about four months and letters offering up to 60% discounts. When they start offering those I think they are admitting that they know they have an unenforceable agreement.

 

 

DD

 

This is the wording on the 2 DN's

 

This one dated 12 October 2008

 

Membership Number: xxxxxxxxxxxxxxx

 

Re: AMERICAN EXPRESS CREDIT CARD ACCOUNT

 

 

DEFAULT NOTICE SERVED UNDER SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974

 

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

Dear Cardmember,

 

We refer to the American Express Credit Card Agreement with reference to the above membership number between you and American Express Services Europe Ltd. You have failed toi make the minimum payments due to your account as required by clause 3 of the terms and conditions governing the use of the American Express Credit Card. To remidy this breach the payment due on your account of £80.00 must be received within 14 calendar days from the date of this default notice.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN, NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

1. The Agreement will be terminated.

 

2. All sums outstanding on your account plus interestlink3.gif will become immediately due and payable.

 

3. Your account may be referred to a debt collection agency and you may be charged for any costs which American Express incur in recovering any overdue amount from you as stated in Clause 7.2 of the Terms and Conditions governing the use of the Credit Card.

 

4. No further use may be made of the Credit Card account and we will take any necessary action, including court action, to stop further use.

 

5. Information regarding the status of this account will be reported to a credit bureau where is will remain on record for 6 yearslink3.gif.

This one dated 31 October 2008

Dear DORITO, MR S

 

Re: AMERICAN EXPRESS CREDIT CARD ACCOUNT

 

 

NOTICE OF DEFAULT SUMS SERVED UNDER SECTION 86(E) OF THE CONSUMER CREDIT ACT 1974

 

 

We are writing to you because you have been charged default sums, the amount of which are described below.

 

Details of Default Sums

 

(a) Amount Due £ xxx. xx as you have been charged an account administration fee.

(b) Payment Due within 4 days of postmark.

 

Total amount of default sums, see above £.xxx. xx

 

This notice does not take account of default sums which we have already told you about in another default sums notice, whether or not they remain unpaid.

 

Yours faithfully

 

 


GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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DN is invalid at least on the point of 14 days

 

 

it must be a date in the format DD/MM/YYYY

 

 

it must also be a date more than 14 days + postage AFTER the date of the letter.

 

 

dx


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So long as it is statute barred it's OK with me.

 

The last time I checked my credit file (Nov last year) it wasn't on there anyway.

 

I'll leave it for now I think and if my parents get any more of their post I may just fling off the statute barred letter.

 

Thanks


GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Yep that's the way to handle it, no communication unless they continue to rattle your cage,

then fire off the SB letter.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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BTW, was this statement from Advantis or was it the actual statement sent directly from Amex?

Hi,

 

For the first time in a number of years this statement actually came from Amex and not ne of the many DCA's that they have been using.

 

Do you think this means the DCA's have told them it is unenforceable and now Amex are simply fishing?


GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Yes, I do.

 

 

Mine also had a note on it on the second page, under the various charges, telling me to deal directly with the DCA handling my account - but there is no DCA handling my account!!!!!!

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