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    • Here's Chris Grey's blog on Brexit for June, with thoughts on matters beyond the headlines and bluster.   Brexit & Beyond: Johnson and, um, integrity CHRISGREYBREXITBLOG.BLOGSPOT.COM In my previous post , I argued that I did not think that Joe Biden’s intervention, for all that it was reported to be diplomatically forcefu...  
    • thanks Dx. Yes I am having a look at other threads as well.  
    • 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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Marlin Court Action on HSBC CC, HSBC already said they hold no CCA - help


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I'm really really sorry, you have had a pretty tough time. But the judges decision is based on a legal basis and not on moral issues.

 

The only paperwork that will prevent the charging order will be proof that you do not owe the money.

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Hi Debbie, the only way I had a chance of proving that she didnt owe the money was to go to court and they stopped us doing that. I would have at least like d the chance, the judge wouldnt even let us appeal!

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Okay.

 

If she is not going, get a doctors letter...otherwise regardless of how painful it is, if you have to carry her in, do it. This may be harsh, but the judge will see this as an important issue, and if she does not attend he will not take your defence seriously. Phone the court in the morning and request a wheelchair and ensure access.

 

 

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted - We didnt admit liability she was given judgment over the phone (conference call)

 

The 1st phase of a CCJ allows you to acknowledge the claim within a specified time.You are given the option to admit the debt and repay or defend.

 

If you fail to respond to this claim or admit, judgment is granted.

 

If you defend and dispute, it is transferred to your local court.

 

If judgment was granted over the phone than you must have admitted liability. Do you have any proof that you defended the original claim and the correct procedures were not followed. Your going to have to prove the original claim was unenforeceable, and your wife must attend.....if only to ask for a postponement.

 

Her offer of payment I'm afraid was an acknowledgement of owing the money.

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Hi Debbie, the problem is that my wife cannot bend her knee, it has to be kept straight or the skin could split (its that swollen) and if I need a doctors letter I wont get one for tomorrow. If the court can provide a wheelchair that will keep her leg extended we may be able to get there but I very much doubt it.

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Ask yourself, what will happen if they get a charging order ?

 

My point is simple. Accept it will happen & don't get upset. Don't get upset or angry with the judge instead concentrate solely on only allowing the charge with restrictions.

 

You have children. The judge will not, absolutely defentinately not put you and your children on the streets.

You have a share in the property.

Your wife, whose debt this is.....don't discuss other joint issues....is ill, and can't work.

You are the sole provider for your family.

 

Let them have there charge on her share of the equity but with the provisions.

 

No Post judgment interest unless they can provide a copy of the agreement with a PJI clause.

No Sale order.

 

Debbie

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Okay, if she is not going. phone the court tomorrow morning, explain and ask for a postponment. They will probably refuse, so turn up alone.

 

If you can, or have a phone, take pictures and show them to the court clerk when you turn up. Insist that she explains this to the judge.

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The RBS have had a charging order against me for £39,000 since 2008. The restrictions prevent them from applying for a sale notice, and they cannot apply interest.There is nothing more they can do except negotiate a reduced settlement and right off the rest.

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Oh by the way, the provision on my charging order doesn't even stiplulate that I have to make monthly payments.

 

The charge is for £39,000.

No interest to be applied.

No application for a sale notice.

No monthly payments.

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One thing I would add is that the hearing is to make an ICO final, they judge is not concerned with issues regarding the CCJ and will not go behind the original judgment at the hearing. If you wanted to apply to set aside/appeal this should have been done separately.

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Can I still apply for a set aside once the Charging order has gone through?

 

Yes but subject to time and a supporting defence with merit.

 

Andy

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  • 2 months later...

Hi All, I have a credit card debt with HSBC.

 

I stopped paying it a couple of years ago after they couldnt find the CCA agreement.

 

Sent them the in dispute letter and not really heard much from them.

 

I have recently been chased by Marlin (the creditors of the account)

and as I have not agreed a payment plan they have appointed Mortimer Clarke solicitors to take over recovery activity.

 

got a letter from M.C. usual bold red wriyting stating

"ARE YOU AWARE OF THE SERIOUS CONSEQUENCES OF A COURT JUDGMENT BEING MADE AGAINST YOU"

 

Different paragraphs headed in bold stating:-

 

COURT PROCEEDINGS COULD BE BROUGHT AGAINST YOU

 

A COUNTY COURT JUDGMENT HAS SERIOUS CONSEQUENCES

 

YOU COULD AVOID THIS EASILY

 

IF YOU DO NOT CONTACT U,S COURT PROCEEDINGS WILL BE ISSUED

 

DON'T MISS THE CHANCE TO STOP COURT PROCEEDINGS BEING BROUGHT AGAINST YOU

 

I have never admitted the debt with HSBC.

 

Do I reply to them asking for proof of the debt or just ignore them?

 

Bully tactics to get me to pay?

 

Any advice would be gratefully recieved

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ignore them

 

just willy waving in case you have gathered any morals of late.

 

is it on your cra file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok so what is the default date in the debts summary?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

so October next year it will vanish

 

your last payment ? was prob up to 6mts before this date too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Hi all, I have a credit card debt with HSBC.

A few years ago I stopped paying due to HSBC not complying to my CCA request, they sent me a blank form with nothing on it so I put it into dispute.

I have 2 letters from seperate people from HSBC stating that they cannot find my CCA.

 

They have now sold my debt to Marlin Europe. I have ignored Marlin and have now received a claim form from Northampton for over £10,000.

 

I have to submit my defense in approx 7 days,

 

anyone have any ideas?

 

I am thinking of sending a copy of the letter from HSBC stating they dont have a copy of my CCA

and seeing if they will strike it out before it goes any further.

 

Am I thinking along the right lines?

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Heres the POC

 

By an agreement in writing between HSBC Banl Plc.

 

("HSBC") & the defendant dated 17/07/2002 ("the agreement")

HSBC agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

 

In breach of the Agreement the Defendant failed to make payments of not less than the minimum payment shown on the monthly statement.

 

HSBC served a Default Notice on the Defendant stating the amount due & requiring the Defendant to pay same.

 

The Defendant failed to pay & the Agreement was terminated.

 

The Agreement was assigned to the Claimant on 15/02/2013.

 

The Claimant has complied with Sections III & IV of Practice Direction - Pre-action Conduct.

 

The Claimant therefore claims:

1. £XXXXXXX

2. Interest pursuant to section 69 of the County Courts Act 1984, namely £XXXXXX & continuing until judgment or sooner payment at the rate of 2.19.

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several threads merged for background info

thread tidied and moved to legal forum

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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