Unlawful Car Repo? MotoNovo

[BRIGADIER2JCS]

Nothing from squaddie I see!

 

If you need help with a letter just let me know and I'll do it today.

[postggj]

Be my guest with the letter

 

I was going to post it up this evening, but as you have commented and volunteered

[orfoster]

Hello all,

 

Thanks for coming back, I can imagine you're all manic busy on here.

 

Yes I don't want it turning into a game of letter tennis so would be really grateful if you could help draft.

 

There was never anything other than what I've posted and they have confirmed they hold nothing more on file.

 

Cheers.

[BRIGADIER2JCS]

OK will do within the next 30 minutes.

[BRIGADIER2JCS]

Hello all,

 

So thinking through the default notice which was applied by MotoNovo, they never sent a "default notice" only a "notice of default sums".

 

I'm looking to send the below letter;

 

Unfair Processing of data

As you will be aware, this account has been in dispute since 12 June 2011 when I wrote outlining my complaint and again on 27 June 2011, I didn’t receive either an acknowledgement or a response to my complaint raised and therefore the dispute is still outstanding.

I do not acknowledge that a “default notice” should have been applied to my Credit File, this is on the basis that MotoNovo did not serve a default notice on me in compliance with Consumer Credit Act 1974.

You will note following disclosure of information provided in response to my Subject Access Request a copy default notice was provided dated 1 February 2010, on reading the agreement notes it is clear that this default notice was served in error.

I have not at any point received a default notice regarding this account which is in direct breach of s87 of the Consumer Credit Act, it is clear that a default notice served under s88 is “necessary” before the owner or creditor can become entitled to, among other key points, “recover possession of any goods or land”.

A default notice has been registered on my credit file along with other errors previously admitted which have seriously damaged my financial reputation.

I am seeking immediate removal of all information from my credit file relating to this agreement and a compensation payment of £1,200 due to the damage the unfair processing of data has caused.

Ok, I think this has to be approached with a Letter Before Action to stop them in their tracks.

 

As this is a credit file problem relating to the display of incorrect information this should be addressed thus:

 

Private & Confidential

The Data Controller

Moto Novo

Ref: use theirs.

Letter Before Action:

Sir/Madam I refer you to the long running dispute regarding this account which Moto Novo have failed to answer.

 

The following points MUST be answered to my satisfaction within 14 (fourteen) days to avoid further action.

 

1. Novo is causing inaccurate and defamatory data on credit reference files held by xxxxxxx credit reference agencies.

 

2.No acknowledgment of or response to my original complaint dated 12th June 2011 and subsequent follow up letters.

 

3. An entry has been made on my credit files showing that Moto Novo has defaulted the account, no compliant default notice has been received at any time. In breach of CCA 1973 section 88.

 

4. There are other inaccurate items shown on CRA files (specify here) this formed part of my original complaint.

 

5. The combination of the wrongfully placed default entry and the specified inaccurate data has resulted in serious impact on my credit profile and my ability to obtain credit from standard sources.

 

Actions Required of Moto Novo to Remedy this Complaint.

1 & 2. Moto Novo WILL remove all adverse data from ALL credit reference agency file to which it has reported the wrongful default.

 

3&4. Moto Novo will confirm in writing that ALL inaccurate data specified above is removed from all records with immediate effect.

 

5. Moto Novo Must now consider financial redress for the damage it has caused to my credit profile and the stress and embarrassment caused by the refusal of credit resulting from the wrongful default placed on the credit reference agency files.

 

I consider that financial redress in a sum of no less that £1200.00 is fair and reasonable in this case.

 

Moto Novo is reminded that this is a LETTER BEFORE ACTION AND A RESPONSE IS REQUIRED WITHIN 14 DAYS.

 

Send by recorded/signed for delivery and check receipt.

[postggj]

Doing a route cause analysis as to why the poster has negative information on their credit file, it is linked to an alleged unlawful repossession as to the CCA 1974

 

Do you not think Moto Novo be given a chance of an explanation as to the reasons of not only the negative information on his credit file, but also comment on the unlawful repo as to their official complaints procedure before submitting a letter before action

[BRIGADIER2JCS]

No Moto Novo have totally ignored all previous complaint, not even an acknowledgment has been sent.

 

No default notice issued either.

[postggj]

But has that complaint been pursuant to their official complaints procedure and sent recorded delivery??

[orfoster]

It was a complaint which they received as was in SAR bundle. In their notes it says 're complaint, no response required'

[postggj]

Have they provided a copy of that complaint in the bundle

[orfoster]

Yes

[postggj]

Any chance of seeing it, shooting in the dark otherwise, really need to know what basis you put in your complaint, and why they considered it irrelevant to reject with no response

[BRIGADIER2JCS]

Moto Novo company policy it seems to reject all complaints and not to acknowledge them a common occurrence.

[orfoster]

Yes its common, looking at the stats on their website - they don't seem friendly really!

 

I sent off the LBA earlier.

 

If they deal with it as a complaint then fine but after we can submit LBA if needed.

[BRIGADIER2JCS]

Yes its common, looking at the stats on their website - they don't seem friendly really!

 

I sent off the LBA earlier.

 

If they deal with it as a complaint then fine but after we can submit LBA if needed.

 

Yes a most unpleasant organisation the only way is to force their hand.

 

Keep us posted on the results please.

[AndyOrch]

Well done on producing that draft Brigadier........your scales tipped accordingly:yo:

 

Regards

 

Andy

[BRIGADIER2JCS]

Well done on producing that draft Brigadier........your scales tipped accordingly:yo:

 

Regards

 

Andy

 

Thank you Andy much appreciated.

[orfoster]

Added to reputation earlier accordingly - thanks

Will keep you updated.

O

[postggj]

I myself will advise caution

 

You are proposing action on a complaint that was submitted two years ago, is that going to be used as a cause for action without giving the creditor a more recent opportunity to respond

 

The letter is a letter before action, what action are you considering?

 

To send this letter before action and do nothing will weaken any future claim

 

As stated, i advise caution, but it is your choice to make

[BRIGADIER2JCS]

I myself would advise that this has dragged on far too long and without acknowledgment or resolution, the company concerned has a reputation for disregarding complaints.

The letter has been sent I believe.

[orfoster]

Yes the letter was sent earlier on after it was posted up.

They can explain their position in a response letter and if need be I will issue a further LBA as a final.

From looking at their stats they do disregard complaints - if I need to refer to ICO or look to issue a civil claim against them then this will be a course of action after taking advice from you helpful folk.

 

Thanks all.

[postggj]

That i agree on with full sincerity

 

If problems exist on your credit file, and the creditor does not respond

 

Use the ICO

 

A court will expect you to have used that service to adjudicate before bringing a claim

[BRIGADIER2JCS]

Yes the letter was sent earlier on after it was posted up.

They can explain their position in a response letter and if need be I will issue a further LBA as a final.

From looking at their stats they do disregard complaints - if I need to refer to ICO or look to issue a civil claim against them then this will be a course of action after taking advice from you helpful folk.

 

Thanks all.

 

Good luck orfoster, just come back here if you need anything.

[orfoster]

Hello everyone,

 

I know you have all been waiting with baited breath........GUESS WHAT?!

 

No response from MotoNovo and the 14 days are up on Monday, letter was sent by e-mail (previously corresponded by e-mail re SAR) & by 1st class recorded.

 

Remember I sent LBA, should I send another to cover myself? Obviously I'm just preparing now, won't take action till after LBA expires.

 

Cheers

[BRIGADIER2JCS]

You could ''remind' them on Monday that legal action is about to start.