Diddled into giving back car HELP PLEASE!! bluestone/close credit management

[HadEnough]

Ok thanks dx, will alter to simple interest.

With regards to auction cost, all I know is what they claim it sold for. Forgive me I don't quite understand what you mean there.

[dx100uk]

if its the sold figure - 8%

 

though I have read that you can claim for an eq vehicle of the time - at 2nd hand market price.

 

dx

[HadEnough]

Really..

I'll adjust my figures accordingly. Thanks for your help.

[applecart]

Hi HE

 

Apologies for the delay in getting back to you.

 

Thankfully the site team are on hand to assist you - told you your back was covered : )

 

Again, so long as you are 100% sure that you did 'remedy the breach'....ie. paid what you were told was the 'breach' amount (however, in your case it would appear no DN was actually served....so you will have gone on what they told you that you had to pay.....and it would appear from the administration of your account...that you did....so no lawful termination of the account occurred....)

 

Next step will be consideration of taking the matter to court if they do not pay you what you request......

 

For that you need to get hold of a N244 form....the form can be downloaded from the HM Court Service website.....

 

Proper Planning Prevents Poor Performance : )

 

You need to be ahead of them......I will start to draft the claim for you over the next couple of weeks.....(because we have allowed them 14 days to pay you....so no need to move too quickly on the court proceedings just yet....but if they don't....then we will be ready to pursue the money via court instead)

 

Hope this helps?

 

Apple

[HadEnough]

Great thanks Apple. I can only go off the records they have themselves on complying with the breach so if their records show I did then that's good. All I can say is I did what I was advised at the time. I'll get the last letter sent this week and download the form while I wait for a response.

Fingers crossed...

[applecart]

Hi HE

 

Yes, best of luck...... : )

 

Apple

[HadEnough]

I have no idea how they have uploaded differently when i did the exact same method however, they appear to be readable this time

 

[ATTACH]46466[/ATTACH]

[ATTACH]46466[/ATTACH]

 

These are my workings out which I will enclose with the letter. Think I've done it right...

the car auction price is a single premium simple interest sheet and the monthly payments are on a monthly simple interest sheet. I included the £100 I paid to comply with their alleged NoD.

[HadEnough]

I've used the cag single premium sheet simple sheet yet when I entered same setails in the simple interest calculator at

http://www.bllaw.co.uk it works out £250 more...

Which is the correct one.? Wonderinv if i've used wrong sheet. I have to send it tomorrow anyway so if anyone reads tonight and can advise please do. Will stick with cag one otherwise

[applecart]

Hi HE

 

Only saw this this morning.....my thoughts are...whatever figure you determine you are entitled to claim back....however you arrive at that figure....is up to you.....

 

If the Company believe you have over stated; they will correct you...

 

Wait for their response....we will know how to move forward from there...ok?

 

Apple

[HadEnough]

Well it's been 21 days since I posted the last letter and there has been no response. I wonder if that is a good or bad thing...

[HadEnough]

Hi Apple

It appears that Bluestone do not intend to reply to the last letter, I have downloaded the relevant case laws you mentioned and the N244 however I am at a loss as to what do next. The N244 appears to deal with setting aside judgments so I'm confused as to how it fits in to my case.

[applecart]

Hi Apple

It appears that Bluestone do not intend to reply to the last letter, I have downloaded the relevant case laws you mentioned and the N244 however I am at a loss as to what do next. The N244 appears to deal with setting aside judgments so I'm confused as to how it fits in to my case.

 

Hi HE

 

We need to be sure that they have definitely concluded that there is no more that they can or are willing to do.....

 

Can you call them on Monday Morning and make enquiry please....simply refer to your letter/s sent and enquire what is going on?..... Ask them straight....Are they still looking into the matter....or not?

 

If Not....ask them to write to confirm this asap.

 

If they are still looking into it...i.e the lady dealing with it is on hols or whatever....we want to know for sure......and we want it in writing if they have no intent to take the matter further...ok?

 

Apple

[HadEnough]

Ok will do thanks.

[HadEnough]

Hi HE

 

We need to be sure that they have definitely concluded that there is no more that they can or are willing to do.....

 

Can you call them on Monday Morning and make enquiry please....simply refer to your letter/s sent and enquire what is going on?..... Ask them straight....Are they still looking into the matter....or not?

 

If Not....ask them to write to confirm this asap.

 

If they are still looking into it...i.e the lady dealing with it is on hols or whatever....we want to know for sure......and we want it in writing if they have no intent to take the matter further...ok?

 

Apple

 

I have called bluestone and was put thorough to the lady dealing with it.

 

She said she is intending to respond and has started drafting a letter.

 

She didn't attempt to discuss anything about the complaint.

 

The lady that answered initially said that they were contacting their client first national first before proceeding.

 

Strange, first national isn't trading anymore and bluestone now own my debt...

 

I should expect a letter thurs onwards

[applecart]

I have called bluestone and was put thorough to the lady dealing with it. She said she is intending to respond and has started drafting a letter. She didn't attempt to discuss anything about the complaint.

The lady that answered initially said that they were contacting their client first national first before proceeding.

Strange, first national isn't trading anymore and bluestone now own my debt...

I should expect a letter thurs onwards

 

OK.....let's wait to see the response...

 

Apple

[HadEnough]

Hope you can read this ok.

The reply...

 

[ATTACH=CONFIG]47004[/ATTACH]

[HadEnough]

Hi Apple

I have uploaded the response.

Its pretty much what I expected. No enclosed NOD or termination letter which my ex-partner is adamant we never received. Also they say that the promise kept refers to £100 payment and it should have been the total amount, surely if 'promise kept' I adhered to the terms of the NOD??

[dx100uk]

oh and totally glossed over the fact that you were spoofed into the VS by the field agent.

 

dx

[HadEnough]

Yes that does seem to be completely irrelevant to them.

They haven't provided me with evidence of termination letter or a certificate of destruction for unavailable paperwork. Does that help my case at all?

[HadEnough]

I found this while googling default notice requirements in 2005. Found the last paragraph interesting as it says information on VT should be provided with DN...

 

Gerry Sutcliffe (Parliamentary Under-Secretary (Employment Relations and Consumer Affairs), Department of Trade and Industry; Bradford South, Labour)

Creditors currently have to provide a default notice under section 87 of the 1974 Act. They must do so if they wish to terminate the agreement or take any precautionary action for its breach. We are not changing the basic requirements, but there are amendments to the time of those requirements. Subsection (1) extends the period after which the notice is served before the creditor or owner may take action against the debtor or hirer from seven to 14 days. Any creditor or owner already waits that long. The period gives the debtor or hirer an opportunity to remedy the default or negotiate an alternative arrangement.

We are also amending the current requirements, permitting the Secretary of State to prescribe the information to be included in the notice, and requiring the creditor or owner to attach a default information sheet prepared by the Office of Fair Trading. We shall consult on the information to be required, which might cover some of the concerns that the hon. Gentleman raised.

We intend to include information about whether the agreement includes an interest after judgment clause, as well as a reminder to consumers of the right to voluntary termination under sections 99 and 100 of the 1974 Act. The default information sheet will include information to help debtors or hirers who receive a default notice. The clause ensures that debtors or hirers receive impartial information at a critical time and have sufficient time to act on it. I hope that that will help the hon. Gentleman to accept the clause.

[HadEnough]

Hi HE

 

We need to be sure that they have definitely concluded that there is no more that they can or are willing to do.....

 

Can you call them on Monday Morning and make enquiry please....simply refer to your letter/s sent and enquire what is going on?..... Ask them straight....Are they still looking into the matter....or not?

 

If Not....ask them to write to confirm this asap.

 

If they are still looking into it...i.e the lady dealing with it is on hols or whatever....we want to know for sure......and we want it in writing if they have no intent to take the matter further...ok?

 

Apple

 

Hi Apple

They definitely don't intend to take the complaint further and have now referred me to the financial ombudsman service...

[applecart]

Hi Apple

They definitely don't intend to take the complaint further and have now referred me to the financial ombudsman service...

 

Hi Ya

 

Glad to see they have stopped procrastinating..... we can now move this matter forward formerly.....

 

I'm not going to comment any more than that just yet.... : )

 

Leave it with me, I will revert to you in due course ... ok?

 

 

Apple

[HadEnough]

Hi Ya

 

Glad to see they have stopped procrastinating..... we can now move this matter forward formerly.....

 

I'm not going to comment any more than that just yet.... : )

 

Leave it with me, I will revert to you in due course ... ok?

 

 

Apple

 

No problem, I await your priceless advice thank you.

[applecart]

Morning HE

 

This is a BIG 'ASK'.....and I am sorry to put you to this trouble....but.....

 

I am working from my desktop....cannot see the letter you posted up clearly on my desktop - this computer is very old (like me I'm afraid..lol)

 

Would you mind......typing up and posting on the thread ...... the content of the last letter they sent to you please?

 

Can all confirm for me please...... are we all agreed that because the debt is still being pursued that the 'agreement' is still 'live'??

 

Apple

[HadEnough]

As requested the contents of the letter, it is the least I can do being as you are giving me so much of your precious time.

 

I write further to your letter date 8th Sept 203and apologies for the delay in responding. From your letter I understand thatyou do not feel we have resolved your complaint. Therefore I can confirm that Ihave reviewed the account again and this letter stands as my final response.

 

 

 

With regards to the notice of default and termination,unfortunately I only have First National screen comments to confirm what datethese were issued on. According to the notes there is a 4 day period betweenthe dates which the two letters were issued. In addition to this the account wasnot transferred to Bluestone Credit Management Ltd till after the 6thMay 2005 therefore up until this point despite being terminated First Nationalwas will for you to pay the arrears outlined in the Notice of Default andcontinue with the agreement. Further to this the breach outlined in the noticeof default dated 8th April 2005 is not remedied. While you did makea payment of £100 which reduced the default figure of £706.01 you did not clearthe remainder of the default figure by the termination or by the 6thMay 2005 when the account was passed to BCM. I understand from the screencomments it states ‘kept promise and payment received’ on the 11thApril 2005 however this merely referrers to the £100 token payment and not theremaining arrears which stood at £631.01 as quoted on the screen notes dated 25thApril 2005.

 

 

 

Therefore the facts stand that you failed to remedy thenotice of default by the date of termination or by the date that the agreementwas transferred to BCM. At the meeting that took place on 9th June2005 you agreed, following a discussion with our field agent to voluntary surrenderthe vehicle thus waving the need for a return of goods to be issued through theCourts. By signing a voluntary surrender form you agreed to pay any remainingshortfall once sale proceeds had been credited to your account.