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    • Morning dx, Doc1.pdfStarted early to scan, the first 18 pages I have scanned which is covering letter and witness statement MK1.   Have a nice day. Regards  
    • We all saw this coming. The start of curbs on the Electoral Commission for daring to investigate Johnson's financing of the Downing Street flat refurb and Vote Leave's referendum spending.   https://www.independent.co.uk/news/uk/politics/electoral-commission-boris-johnson-flat-b1868407.html  
    • 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?  
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I opened my account with yb 6 months ago, and have ran it in good order, however, a direct debit left my ac early 3 weeks ago, i phoned the company up, who apologised and reset the d/d to come out on the 1st, however it didnt and came out 3 days after the 1st early one, which has resulted in 2 unpaid referalls from yb, the company with the d/d, has said they wont cover the charges as under the d/d guarentee, its the bank that must refund. yb said that this is true of only the d/d amount, which they havent paid, so they will not refund the d/d amount or their charges, stating that the company must repay the charges! who is right, or should I just put a claim into yb for repayment of my charges, as this has now made me £70.00 overdrawn!

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Hi, just an update, went to my yb branch today, where I spoke to the manager, he said that I have sighned a contract with them alowing them to deduct charges for abuse of my account, as it has to cover their own losses, time and effort, but also to serve as a deterant against account abuse!! basically what he said is they penalise their customers!! I wish I could have got that recorded!! anyway can the bank use this in thier defence at court? this man said that this is what they do and the courts side with them due to this contractual arangment.

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I wouldn't listen to what he says about the courts siding with them. Firstly he's talking rubbish and secondly they've never attempted to defend these in court anyway. It seems to me he's trying to scare you off and that you'd be best ignoring him and going for it..........

 

Hugh

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I would write a letter to the manager at the branch you went to (explaining what happened). Something along the lines of:

 

I would be happy to pay your charges, however paying a direct debit early is unacceptable. I understand sometimes 2 to 3 days LATER (bank holidays and weekends etc), but to pay it early without consulting me is shocking.

 

Your response so far has been unbelievable and I will give you a further 7 days to reflect on your decision. After that I will send you a letter before action and then court action (blah blah blah).

 

Also include that you find the initial response intimidating in that it puts you off complaining.

 

Obviously word it better and check the templates for help, but thats what I'd do...

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