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    • 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.  
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    • its an if not they def will.   then snotty letter time
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Mr GS v Chelsea BS (reclaiming ERC's)


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Hi all

Fresh from my success over Nationwide BS for reclaiming my bank charges I've decided to see if I can reclaim my early redemption charges from Chelsea BS.

Basically I took out a mortgage with the Chelsea around May 2004 as with my credit score they we're one of the few that would touch me. I then remortgage around September 2005 as my credit score improved.

My mortgage was a "prospect 1% discount for 12 months off variable rate + 0.50%". Base rate @ 6.240%.Total rate 5.740%. I borrowed £120500 over 25 years - repayment mortgage.

In the offer it did state should I repay my mortgage within 3 years then there would be an additional fee. 1st year @ 5%, 2nd year @ 4%, 3rd year @ 3%.

My redemption statement reads:

start of year balance £120055.38

interest £5907.45

redemption interest £4802.21

discharge fee £175.00

LESS repayments/sundry credits £-7494.81

REDEMEMPTION AMOUNT £123445.23

 

What I'm unsure about is whether I have a valid claim to reclaim my early redemption charges (redemption interest @ £4802.21)??

 

I've read through numerous over message on the forum but its still seems to be a very grey area. :eek::confused:

Can someone please give their opinion before I send out my preliminary letter.

 

Many thanks in advance. :?

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

Mr.GS

------

Nationwide (Single account) - WON!!!!

£1542.34 - in full :D

Nationwide (Joint account) - WON!!!!!!

£2340.73 - in full :D

Nationwide (Credit Card)

Data request - 15/08/06

Incomplete data received 26/09/06

Letter asking for rest of data sent 27/09/06 :-x

Chelsea (Mortgage ERC's)

Prelim letter sent 19/09/06 - £4802-21 :confused:

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I'm not sure what you have read to make you think that but yes you can try. Claiming back ERCs is still relatively new and untested although there are a few on here that have had successful claims. My own ERC was £2035 made up of 6 months interst and I'm currently trying to get this back as we speak, you can send the template requesting the return of the ERC straightaway as you have all necessary information. Check out Zoots halifax settled thread which has examples of templates.

 

Good luck

 

Sam

I'm a Foolish person

 

IGroup ERC £1928.64 Ist letter sent 12/9

LBA sent 26/9

Moneyclaim input 13/10

Claim acknowledged 6/11

Received fob off letter 11/11

AQs sent back, IGroup request multitrack and hearing

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Preliminary letter typed & envelope sealed.

 

Lets see what their response is.

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

Mr.GS

------

Nationwide (Single account) - WON!!!!

£1542.34 - in full :D

Nationwide (Joint account) - WON!!!!!!

£2340.73 - in full :D

Nationwide (Credit Card)

Data request - 15/08/06

Incomplete data received 26/09/06

Letter asking for rest of data sent 27/09/06 :-x

Chelsea (Mortgage ERC's)

Prelim letter sent 19/09/06 - £4802-21 :confused:

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  • 2 weeks later...

I've received a reply from the Chelsea BS (Richard Gould - Head of Residential Mortgages) stating:

 

...sorry to learn of your dissatisfaction with the service provided by the the Society.

 

I will be investigating your complaint & I hope to provide a full response within the next 14 days. In the meantime, I enclose a leaflet that gives full details of the Societys Internal Complaints Procedure & your right to refer this matter to the financial ombudsman service id we can not resolve your complaint...

 

My next question is do I wait for their response or do I send out my LBA letter once the initial 14 days from my prelim letter have elapsed?

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

Mr.GS

------

Nationwide (Single account) - WON!!!!

£1542.34 - in full :D

Nationwide (Joint account) - WON!!!!!!

£2340.73 - in full :D

Nationwide (Credit Card)

Data request - 15/08/06

Incomplete data received 26/09/06

Letter asking for rest of data sent 27/09/06 :-x

Chelsea (Mortgage ERC's)

Prelim letter sent 19/09/06 - £4802-21 :confused:

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I have attempted to reclaim my charges from the Chelsea.

 

I got a standrd reply from customer relations, we are investigating and will get back to you within 14 days. I still had to chase them for the their reply.

 

The reply eventually came from General Manager @ Chelsea BS and basically was a definate no refering me to the financial ombudsman.

 

Need to send my LBA now. Fingers Crossed

 

Keep me informed of your progress

 

Thanx

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yeah they all are extremely helpfull refering us all to the financial ombudsman i was just wondering why in any of the letters we have all received not one of them has told us that we are entitled to seek legal advice ermmmm i wonder why ? lol

if my advice has been of any help to you then please click the scales ! Thank you :D

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  • 2 weeks later...
  • 5 months later...
  • 1 month later...

Sorry for such a delay I was sent abroad by my compmany so this matter lay dormant.

 

Basically where I.m at:

 

Prelim letter sent.

 

Reply came back as:

Basically saying it was fair & I agreed to the charge at the time etc.

 

Can I still now go on to a LBA?

 

Reading a few threads it seems ERC isn't always successful is this true or chaould I carry on?

 

Soirry for the questions but I've been out of touch with the recent case etc & if any legislation has changed or a presidence has been set?

 

Thanks all in advance.

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

Mr.GS

------

Nationwide (Single account) - WON!!!!

£1542.34 - in full :D

Nationwide (Joint account) - WON!!!!!!

£2340.73 - in full :D

Nationwide (Credit Card)

Data request - 15/08/06

Incomplete data received 26/09/06

Letter asking for rest of data sent 27/09/06 :-x

Chelsea (Mortgage ERC's)

Prelim letter sent 19/09/06 - £4802-21 :confused:

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Hi Mr GS

 

I assume you've read this?

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/62003-important-mortgage-claimants-please.html

 

Your ERC is close to the 5K mark and thus risks going fast track. Its probably best to leave this.

 

You can still claim charges although check your mortgage agreeement to see if there is a legal indemnity clause.

 

All the best

 

Zoot

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Thanks for that advise Zootscoot

 

Looks like its best to let it lie & aim at my next credit card company insted ;)

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

Mr.GS

------

Nationwide (Single account) - WON!!!!

£1542.34 - in full :D

Nationwide (Joint account) - WON!!!!!!

£2340.73 - in full :D

Nationwide (Credit Card)

Data request - 15/08/06

Incomplete data received 26/09/06

Letter asking for rest of data sent 27/09/06 :-x

Chelsea (Mortgage ERC's)

Prelim letter sent 19/09/06 - £4802-21 :confused:

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