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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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Hi there CAG, it's my first time visiting and thought I'd give it a try. So here we go:

 

I recently started an apprenticeship in IT on the 18th of March, everything was going well and I was easily handling the work given to me. Then I was off for 5 days due to sickness, I followed the guidelines in my contract and contacted my line manager on each day of the sickness before a set time in the morning.

 

When I returned to work on the 22nd, I was brought into a meeting where I was told my Apprenticeship was being terminated on the grounds of poor performance. I was shocked at this, and asked for an explanation. They gave a few vague reasons which I questioned and asked for specific examples. As my 'mentor' was in the room with me, i expected him to be able to answer. He was suprised that I'd asked for examples and made a large effort to think of one. When he did he mentioned a piece of work I'd been working on, saying I'd missed out lots of code and this had caused problems down the line. When I told him that I'd tested the work he was using as an example, before sending it back to him, he just looked at his notes until a member of the HR department spoke up. They also gave other reasons, which I was offended at, such as saying that when given instructions that sometimes I would roll my eyes and do the work in a different way to what I was told. This was completely untrue, and as I was being taught to use software and hardware I'd never used before, I followed instruction to the finest detail as I feared making a mistake.

 

They told me that I would be paid up until the date of that meeting and that they'd like me to leave the premises. However It's now beyond the monthly pay date for the company and I still remain unpaid for 3 weeks worth of work.

 

The company terminated my contract under a clause which allows the company to terminate a contract within an unspecified probationary period.

 

 

After reading around on the Internet, I'm not so sure that this clause applies to apprentices and as far as I know, there are very few circumstances in which an employer can terminate an apprenticeship.

 

I've made attempts to contact my apprenticeship assessor without luck. With no reply to emails I sent the same day I was fired and I have made calls to her mobile and office but have either been told she is out of the office or gone straight to voice mail on her mobile. I have also attempted to contact ACAS but I was on hold for 15 minutes and resolved to try again at another time.

 

I'm still in shock as I thought everything was going great, and my colleagues were confirming that belief with compliments about my work. Going from that before being sick, to afterwards walking into the office to be completely ignored and nobody making eye contact with me until being in the meeting has left me shaken and confused about what happened. I feel as though I am being forced out because of the sickness.

 

 

If you've taken the time to read this wall of text, I thank you. Any help would be greatly appreciated.

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Hello

 

Two questions - do you have a contract of employment?

 

What type of apprenticeship were you doing? Ie was there an agreement with both an employer and learning provider and was there a set timescale to complete the apprenticeship?

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Hello

 

Two questions - do you have a contract of employment?

 

What type of apprenticeship were you doing? Ie was there an agreement with both an employer and learning provider and was there a set timescale to complete the apprenticeship?

 

I do have a contract of employment. It was an Advanced apprenticeship in IT professionals. I believe there is an agreement between employer and learning provider, but I have no access to that. The timescale to complete was 12 to 18 months.

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You could have a shot at a breach of contract claim, in that case, which could be lost earnings for the entire duration of the contract.

 

The exception would be if it was a less structured apprenticeship, or if the contract explicitly states that it is a contract for the purposes of the Apprenticeships, Skills, Children and Learning Act 2009, in which case the same "traditional" rules of apprenticeship would not apply.

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You could have a shot at a breach of contract claim, in that case, which could be lost earnings for the entire duration of the contract.

 

The exception would be if it was a less structured apprenticeship, or if the contract explicitly states that it is a contract for the purposes of the Apprenticeships, Skills, Children and Learning Act 2009, in which case the same "traditional" rules of apprenticeship would not apply.

 

How would I go about initiating that? Do you feel i have a case? The contract seems to be a standard contract for the company, with no specific mention of apprenticeship other than the job role.

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If it doesn't mention the apprenticeship at all then that could be tricky.

 

I would try and get a free solicitors consultation - take the document and let them cast their eye over it to give you a definitive opinion.

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