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    • Sorry    Here it is one file small enough to fit within the limit. BoS CCA.pdf
    • Hi Bank Fodder  Thankyou for taking the time to reply in such detail  We always go above and beyond for all our customers and this is the first customer in over 2000 cars  that we have been unfortunately unable to keep happy  If you dont mind i would just like to clarify a few points  1: Section 75 covers you for the entire purchase amount even if you only pay a £10 deposit with the card We actively encourage every customer to use a card for there deposit for just this reason  2: We put a six month fully comprehensive warranty on nearly every car we sell which you can use at any vat registered garage so nobody needs to bring a car back 150 miles  3: The initial £150 was more than fair, we pay £180 inc vat to have a bonnet painted please feel free to contact our bodyshop GT autobody and paint solutions 07792728174 should we be required to go to small claims i can provide bank statements and invoices going back 5 years to collaborate this if necessary  4: If the car did need to come back here for any reason we have a fully insured loan car which is completely free of charge and even comes with fuel 5: When claire sent the photos we counted 14 stone chips in total she has zoomed in so they look huge when in fact they are minor and as she has admitted on here (difficult to spot in sunlight)  6: We are not in fact in breach of consumer law, in fact we are far from it, Consumer law allows for the car to be in a fair condition allowing for wear and tear relating to age and mileage, we didnt hide the stone chips we openly pointed them out so how can we be in breach?  7: Claire asked for £150 i gave her £150 8: Claire asked for a bigger contribution i offered a bigger contribution.  9: Claire changed her mind again and decided she wanted a brand new bonnet payed for exclusively by me at 3 times the price it would normally cost me without making a contribution herself, add to this the fact that her first email was blackmail at best and i kept my kool and replied respectfully as we have throughout  Im sorry but thats were we draw the line  9: I didnt post every email as there are over 30 of them 😳 10: For completeness when we spoke to the AA mediation service and asked them what they would like us to do they informed us we were under no legal obligation to do anything, there opinion was that we had already gone above and beyond what was necessary under consumer rights.  Personally at this stage we just want to refund her in full and have our car back  Sincerely  Mark  Gem Cars Ltd 
    • Hi dx #4 amended I will get this sent tomorrow if it’s ok?   any advice will be welcome 🙏    In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant  WITNESS STATEMANT OF XXXXXXXXXX    I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1    3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that the claimant was issued a CCA request asking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.   Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….     Thanks G
    • Thanks for your explanation. That makes much more sense now.    I've been doing exactly what you were saying since I realised a dispute was likely to occur. I've always been civil and impeccable in my behaviour and approach.   The company has destroyed their reputation and image through their conduct with me which has put me in a good position thus far.   I was just concerned that you didn't understand the full picture and were telling me to keep giving them more attempts because you were trying to help me solve this dispute.   I'll send that email to them tonight and update you with their response.   I've realised a long time back that small claim court is won by not just those who are in the right, but those who are reasonable, fair and calculated in their approach.   Thanks
    • Well if you are still minded to hang onto it then I would put it in for a full proper check and a new MOT. But I would get it done quickly    
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Mr GS v Chelsea BS (reclaiming ERC's)


garystacey
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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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