Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

Moneyclaim Help?


jacquij123
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5501 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

Hi,

After reading and re-reading all the useful information on this website and then following the step by step instructions we are now at the point of entering a claim on-line. I have filled in the form but would be really grateful if someone could please read through this and tell me if I have missed anything important. I have a horrible feeling, probably the same as everyone else, that we will be the test case that goes all the way.

 

I have a contract with the defendant which

is conducted on their standard terms and

conditions. I am claiming the return of

money taken in the way of charges + the

interest they have levied on those charges.

The charges are a disproportionate penalty

and therefore unenforceable as they are

contrary to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 sch.2(1)

(e).In the event that the charges are not a

penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.I have repeatedly

asked them to justify their charges but

they haven?t. The claimant claims interest

under section 69 of the County Courts Act

1984 at the rate of 8% a year from 11th

August 2000 to 8th September 2006 of

£1661.22 and also interest at the same rate

up to the date of judgment or earlier

payment at a daily rate of £1.08.

Thank-you to anyone who takes the time to read this and can help.

Link to post
Share on other sites

Hi jacquij, this is what i put in mine you, its up to you if you want to use yours.

Claimant has accounts xx with Defendant from xx to xx conducted on their standard terms and conditions. Claimant is claiming the return of xx taken by Defendant in charges over xx years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from (your date) to (your date) of (?) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£?).

thats what i put and it fit

NATIONWIDE £820 **WON**

 

Lloyds tsb: your next

Link to post
Share on other sites

That daily rate does not look right to me.

 

Should be CHARGES (not including interest) x 0.00022

 

I imagine it will be £0.11 ????

 

And also is your interest only (ie the 8%) really £1661.22

 

Just checking that is all :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

Link to post
Share on other sites

Hi, Thanks for the replies.

The figures that I have worked out are

Charges: £4929.50

Overdraft interest: £541.72

8% on charges and interest £1661.22

Total £7132.44

 

Interest (4929.50 *0.00022) = £1.08

 

I hope it's right but I'm happy for anyone to correct it for me.

Thanks

Link to post
Share on other sites

Hi, yes they are right...never seen a daily figure that high before to be honest and I have seen some big claims! They usually work out around the 15p mark so that is why I was checking, just in case.

 

Best of luck - please let us know when you file :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

Link to post
Share on other sites

Hello,

Thanks for confirming that.

 

A quick update;

Total Claim:£7394.84:-o

Filed with Moneyclaim on Monday.

Issued 11th Sept

Acknowledged 13th Sept.:)

Major butterflies set in 13th Sept:-|

 

Although I have been following this forum for a while now I really can't believe it is going to be this straight forward.

Link to post
Share on other sites

It's easy!!

 

Can you PM me your claim number so I can get it put in the litigation section, please?

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

Link to post
Share on other sites

Hi Jaqui,

 

Your almost at exactly the same stage as me and not to much difference on the amounts. You should get a letter from the courts from Charles Bacon telling you they intend to defend.

 

Good luck

*****************************************

[/url]

Nationwide

Won

Capital One

Won

Citibank

Part win

GE Capital

Won

 

Exchange your council house for free.

www.UseMyPlace.com

Link to post
Share on other sites

  • 2 weeks later...

I need some reassurance on this as I am getting even more worried now. The claim was acknowledged on the 13th but since then nothing. Looking at other threads they should have paid up by now? There is maybe one problem, looking at the claim I think I missed out putting the account number in, they have the name and address so should be able to match it up but do you think this could be why there is a delay.

Really don't want to be the one that has to go all the way with this.

Thanks for any advice.

Link to post
Share on other sites

Think I should join this club too.

 

Just want to say be patient. I for one know its easier said than done.. my claim was also acnowledged on the 13th by Mr Bacon with an "intends to defend".

 

At the end of the day this buys Mr Bacon et al 28 days to make a defence or otherwise (otherwise being pay up).

 

I would try not to worry until that time is up.

 

I realise its hard when you see others being paid much quicker but I suggest we wait till 28 days from acknowledgement and if we haven't heard anything by then (which we should) then panic. LOL

 

They prob do them in batches and have a backlog.

 

Best wishes

ukwbg

Nationwide Data Protection Act Subject Access Request sent 6/7/06

Statements received well within the 40 day deadline

Prelim sent 8/8/06

Standard reply received 21/8/06

Letter Before Action sent 24/08/06

moneyclaim on line submitted 9/9/06

 

PAID SAT 1ST OCTOBER :D

Link to post
Share on other sites

That's great news. Well done.... just going to check my account now.. back in a minute.

ukwbg

Nationwide Data Protection Act Subject Access Request sent 6/7/06

Statements received well within the 40 day deadline

Prelim sent 8/8/06

Standard reply received 21/8/06

Letter Before Action sent 24/08/06

moneyclaim on line submitted 9/9/06

 

PAID SAT 1ST OCTOBER :D

Link to post
Share on other sites

Me again. No news from me but keeping everything crossed.

My account was closed by NW last year so hoping thy are in the process of raising a cheque.

Keep us posted.

ukwbg

Nationwide Data Protection Act Subject Access Request sent 6/7/06

Statements received well within the 40 day deadline

Prelim sent 8/8/06

Standard reply received 21/8/06

Letter Before Action sent 24/08/06

moneyclaim on line submitted 9/9/06

 

PAID SAT 1ST OCTOBER :D

Link to post
Share on other sites

They have now paid in the next instalment, I;m just about £500 short which sounds a lot but then they have paid out nearly £7000 in the last couple of days so I'm not complaining. Well, not at the moment, I'll leave the moneyclaim running and be in touch with Mr Bacon about the missing bit.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...