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    • Hello   I'm bringing a claim against a company HQ in the EU but with operations in the UK. T&Cs state UK court jurisdiction.    Am I right in thinking that I send 3 x N001 forms + N215 form + Fee cheque to CCMCC?    The court then takes over, seals the claim and serves it on the defendant?    Reason I'm confused is that some guides seem to imply that I get the sealed claim form back from the court and then serve it on the defendant myself?   Thanks  
    • Evening All,   PFA redacted WS and EL, hoping these will be sufficient to defend my case, yet to add a sequence of events section to WS which I will do tomorrow before sending off to CC and can try to post here for your kind review?   Should I also send to OPS at the deadline, I have still received nothing at all from them - or if they don't provide me their WS and EL I duly don't provide mine?    Approaching the end game now!      Thanks!   RATPCN Exhibit List Redacted.pdf Witness Statement Redacted.pdf
    • Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant. The finance company will have the wherewithal to be able to make strategic delays
    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
    • launch a section 75 claim to advantage ASAP IMHO cut out the garage.   as usual advantage are utterly useless .....just like moneybarn         
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Credit agreements for Insurance??


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Our car insurance is due for renewall,so we searched around for a cheaper as this year it's gone up £150.00:!:.

 

We found a cheaper quote which we accepted,paid the deposit and opted for DD payments over 11 months.

 

A third party company sent us a credit agreement to sign,they pay the full cost of the policy to the insurance company,effectivly it's a loan.

Admin fees added and an APR at 11% variable.

 

Fee's to be charged at £12 for a missed payment.

 

The same scenario happened with our public liability insurance,a credit agreement sent from a third party.

 

Not only i not come across this before,i am not willing to sign a running credit agreement to pay our insurances.

 

After contacting both insurance companys, we paid for the liability in full by card directly to them.

 

We cancelled the new car insurnce and have decided to stay with the previous company,in the long run it's cheaper to do so,and no credit agreement.

 

We were not informed that we would be expected to sign a credit agreement from a third party company when opting for DD payments.

 

I actualy find this pratice disturbing,how long has this been happening?,as i said before i have not come across it when applying for insurance.

 

If you default you not only loose your cover,i assume your credit file will be marked and DCA's chasing for the remainder outstanding monies.

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