Bluestone Credit Management & Moto Novo

[stevebrockelsby]

Hi I have just joined the forum and I am hoping to get a bit of advice.

 

I did a VT on my car 04 April, all my payments were up to date with no missed payments.

 

The car was inspected and was found to have £40 of paint damage which I accepted.

 

However they are trying to charge me £1664 for excess milage.

 

I have so refused to pay this amount, but as a gesture of goodwill I offered then 1/3 of this which was £550 but they refused.

 

However they have now passed this on to Bluestone who said they will accept £832 to settle the amount.

 

Have Bluestone any legal course to recover the money from me, despite me not agreeing to the excess milage?

 

Had a lady call me this morning, I must admit she was very charming & nice but I guess that is there job to get you to pay.

 

Not sure what course of action to take!

 

I said that I will go to court and dispute this, then she said if I don't pay then Bluestone will take me to court blah, blah, blah.

 

I have been strong up to now, but can feel myself starting to buckle!

 

Shall I hang in there?

 

Thanks for your help

[BRIGADIER2JCS]

Hi, Were you told a specific point where a charge for excess mileage charges would kick in and what the charging scale would be, imo this would have to be on the original contract, do you have a copy?

[stevebrockelsby]

yes I have the credit agreement, but no reference to mileage is on the agreement - But Moto Novo say it is in THEIR terms & conditions which I have never seen!

I think they are trying to pull a fast one - it was a HP agreement not a Lease contract.

First they tried telling me that the proceeds from auction of the car would be taken off the milage charge - their letters have all been contradictory!

 

Thanks for replying so quick

[BRIGADIER2JCS]

Then you are correct, Moto Novo are on the make, the challenge is that no Ts & Cs were ever provided to you at any time.

[stevebrockelsby]

ok thanks, the terms & conditions I have never seen, All I signed was my credit agreement which makes no reference to excess milage.

Also I wrote them the initial letter on 04 April terminating my agreement, so is the agreement terminated on that date? Moto Novo are trying to tell me different?

[BRIGADIER2JCS]

Imo the agreement was terminated by you on 4th April.

 

I think a Formal Complaint is needed.

[stevebrockelsby]

Thanks for your help!

 

Formal complaint? To the financial ombudsman?

[BRIGADIER2JCS]

Before going to the ombudsman you need to exhaust the creditors complaints procedure, once you have a 'final response'' and if that is unsatisfactory you can the go to FOS.

[stevebrockelsby]

ok thank you -

[stevebrockelsby]

Do you have an example of a good complaints letter? I know my case is specific but was just looking for some structure and what conclusion i should include.

 

Many thanks

[BRIGADIER2JCS]

There is no specific template for this but I can draft one for you later today if you wish?

[stevebrockelsby]

I just need a few pointers really!

 

I terminated my agreement on 04 April, the outstanding balance owing on the car was £4500, this amount is STILL showing on my credit record, it is not showing as default just outstanding which is not correct because as far as I am concerned I owe nothing.

 

Moto Novo said if I didn't pay the excess milage charge they place a delinquent default on my account - can they do this?

 

thanks

[stevebrockelsby]

The way I understand it because I terminated the agreement on 04 April, surely the account cannot go into default? And if it does the information is wrong on my credit file?

[stevebrockelsby]

if you could draft one for me then I would be extremely grateful!

[BRIGADIER2JCS]

if you could draft one for me then I would be extremely grateful!

 

OK Steve it's on the list!

[stevebrockelsby]

i appreciate your time & effort any sign of my draft

thanks

[BRIGADIER2JCS]

Am away from home, will draft letter when I get a break this am.

[BRIGADIER2JCS]

Hi Steve have 30 min break will read through again the post.

[BRIGADIER2JCS]

Hi I have just joined the forum and I am hoping to get a bit of advice.

 

I did a VTA on my car 04 April, all my payments were up to date with no missed payments.

The car was inspected and was found to have £40 of paint damage which I accepted.

However they are trying to charge me £1664 for excess milage.

I have so refused to pay this amount, but as a gesture of goodwill I offered then 1/3 of this which was £550 but they refused.

However they have now passed this on to Bluestone who said they will accept £832 to settle the amount.

Have Bluestone any legal course to recover the money from me, despite me not agreeing to the excess milage?

Had a lady call me this morning, I must admit she was very charming & nice but I guess that is there job to get you to pay.

Not sure what course of action to take!

I said that I will go to court and dispute this, then she said if I don't pay then Bluestone will take me to court blah, blah, blah.

I have been strong up to now, but can feel myself starting to buckle!

Shall I hang in there?

 

Thanks for your help

 

Ok Steve this goes to Moto Novo and Bluestone get proof of posting or recorded/signed for.

 

Ref: use theirs.

 

FORMAL COMPLAINT:/LETTER BEFORE ACTION.

Sir/Madam,

 

I refer to recent communications regarding the over limit mileage charges that have been in regard to the voluntary termination of agreement number xxxxxxxxx, the sum of £1664.00 claimed for this has not been properly explained to me, although I have made a generous offer as gesture of goodwill which was rejected Bluestone have offered to settle for £832.00 however no explicit breakdown of how this amount has been arrived at has been made, therefore my offer is withdrawn.

 

As I have verbally confirmed to Bluestone that I WILL if necessary pursue this through the court you will now consider this as a LETTER BEFORE ACTION.

 

I trust now that Blustone and Moto Novo will reconsider their position on this, as I see it if a court action is raised there is no defence open to either company.

 

OK Steve?

 

The Following points must be addressed within 14 days of the date hereon to prevent litigation.

 

1. No explanation as to how this charge has arisen has been given.

2. I have a copy of the original contract to hand, and there is NO clause referring to an ''over limit mileage charge''.

3. Moto Novo has stated that such a provision is included in its terms & Conditions.

4. These terms and conditions have not been provided to me in any form.

5. This terms and condition were not mentioned at any time until this dispute arose.

6.Given the information above this matter is formally in dispute.

[stevebrockelsby]

Thats great thank you!

 

Moto Novo have now put a default on my credit file - they really are horrible

[stevebrockelsby]

so I include the 6 points at the bottom then?

 

 

shall I mention the default placed on my credit files?

[BRIGADIER2JCS]

This lot are the most awkward bunch I've come across in a long time.

 

 

I guess the default was 'in the pipeline' when the letter was sent, looking forward to their response!!

[stevebrockelsby]

it says £1662 balance outstanding!

 

Can they do this?

 

Will get on with the letter this morning - shall i mention the default?

[BRIGADIER2JCS]

so I include the 6 points at the bottom then?

 

 

shall I mention the default placed on my credit files?

 

Ahh I see the letters not gone yet.

 

Add this after the 6 points.

 

I am now aware of a default entry placed by Moto Novo on my credit reference files, this must be removed as I believe that Moto Novo have no authority to mark my files.

 

I suggest that you place a notice of dispute on the CRA files.

[stevebrockelsby]

thanks for your help - here is the letter i sent today - what do you think?

 

Dear Sir/Madam

 

Re: Agreement no. xxxxxxxx Reg No: xxxxxxxx

 

 

FORMAL COMPLAINT :/ Letter before action

 

 

I refer to recent communications regarding the over limit mileage charges that have been in regard to the voluntary termination of agreement number xxxxxxxx, the sum of £1664.00 claimed for this is totally unjustified. Although I have made a generous offer as a gesture of goodwill which was rejected, Bluestone have offered to settle for £832.00 however no explicit breakdown of how this amount has been arrived at has been made, therefore my offer is withdrawn.

 

As I have verbally confirmed to Bluestone that I WILL if necessary pursue this through the court, you will now consider this as a LETTER BEFORE ACTION.

 

I trust now that Moto Novo Finance and Bluestone will reconsider their position on this. As I see it if court action is initiated there is no defence open to either company.

 

With reference to your letter of 09 April 2013 regarding my ‘liability is limited to the amount to settle the agreement’, may I point out that the agreement was terminated on 03 April 2013 and was NOT subject to proceeds from the sale of the vehicle.

 

The Following points must be addressed within 14 days of the date hereon to prevent litigation.

 

1. No explanation as to how this charge has arisen has been given.

2. I have a copy of the original contract to hand, and there is NO clause referring to an ‘overlimit’ charge.

3. Moto Novo has stated that such a provision is included in its terms & Conditions.

4. These terms and conditions have not been provided to me in any form.

5. This terms and condition were not mentioned at any time until this dispute was raised which was AFTER the agreement was terminated by me on 04 April 2013.

6. Given the information above this matter is formally in dispute.

7. I am now aware of a default entry placed by Moto Novo on my credit reference files, this must be removed as I believe that Moto Novo have no authority to place incorrect information on them.