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    • Again, massive thanks to you for the help provided. Two questions: Should I show the dealership correspondence from Blue Motor Finance? Should I send them this letter?   I have changed a couple of bits from your letter. Please see below the final draft:   Dear Sir/Madam, Thank you for your email on 6th December 2021 As you know, this is a hire purchase agreement and as such you are effectively the dealer to all intents and purposes. You have a contract with the dealer but that is a different matter and of course it isn't a contract governed by the consumer rights act because neither of you are consumers. However I am a consumer and I'm protected by the consumer credit act and you have all the responsibilities to me as if you were the retailer (which you are). You are a business which is regulated under the FCA – but also you are a business which is regulated under the consumer credit act and this makes you liable under any consumer legislation which I enjoy – in particular, the Consumer Rights Act 2015. The retailer has already indicated that they are prepared to repair the first fault which occurred – the seatbelt fault.  I'm fully prepared to drive the car back to Blackburn for this repair and also for a further diagnosis of any other defects. Of course, I shall be claiming the costs of this from you – in particular if it means that the car has to stay with the dealer overnight or longer and I have to return at a later date. By insisting on this option,  I take it that you do not have any objection in me driving a faulty vehicle for over three hours, therefore assuming the risk of making the transmission issue worse or even risking a possible catastrophic transmission failure.   As a gesture of goodwill to you, I'm prepared to try and take steps to mitigate your losses by taking the car to a repairer local to me in order to have the work and diagnosis carried out there. I should warn you that if you do prefer me to return the vehicle to the retailer in Blackburn, then I may well decide to carry out my own independent inspection should the retailer not agree that the faults which I am describing exist. If an independent inspection confirms my own view, then I shall be looking to you to reimburse the cost of this inspection in addition to any other costs I reasonably incur. You may feel that it is more cost-effective for you in the long term if I have the car repaired locally and diagnosed locally because then this will also amount to an independent inspection and avoid further damage to the transmission.   In respect of your reference to a warranty, please stop trying to fob me off on to warranties. I am perfectly happy to rely on my statutory consumer rights – and I think you had better understand that. I hope you also understand that warranties are subordinate to statutory consumer rights.   You say that your business is regulated by the FCA – and of course that is correct – and that also means that if you start making misleading statements or try to avoid your responsibilities to me then in addition to county court action I am entitled to make a complaint to the financial ombudsman service. The FCA may allow you eight weeks to investigate a problem and to produce a final response, but what the FCA permits you to do is subordinate to my rights under current consumer legislation. Your trumpeting of what you are allowed to do by the FCA is calculated to mislead me. Don't do it. You have sold me a vehicle which is defective and not of satisfactory quality. This is a breach of contract. Your statement that I'm not entitled to recover any reasonable foreseeable losses caused by your breach of contract is incorrect. In particular, your statement that as a consumer I do not have the same entitlement as a business customer is quite wrong – and also calculated to mislead me because I'm sure you must know better. I accept that it is fair enough that the retailer should have an opportunity to inspect the vehicle and to ascertain the fault. As soon as my position is confirmed, then I shall be looking to you to either arrange or at least to agree the cost of repairs so that they can be put in hand without any delay. Don't imagine that that will be as long as eight weeks.   I'm giving you seven days to let me know which course of action you would prefer me to take. I hope you understand that I'm trying to have your best interests in mind at all times. Yours faithfully
    • So long as they aren't unlawfully discriminating against you because of a protected characteristic, I presume that like anybody else they can pick and choose whom they do business with.    I understand places like Amazon and eBay will close "problem" purchaser accounts quite commonly, and will often also close other accounts that they believe are connected to a problem account  (eg same email, same physical address, same payment details etc).
    • Hi 1st all NO I will not turn it down I'm up there with the big boys   china Russia India me   with global warming   lol .  Thank you for your help but iv got nowhere with !  your repair !  As in terms of them replying  or help .its the wrong time year to drag this out fighting them while I got no hot water or heating.  I have left bad reviews on there sites  hoping that will help others from making the same mistake as me  ! joining there scam !.  As for the NEST  yes it's the government backed scheme for ppl on disability an low income to help warm there homes .  Just do what I did ASK   they can only say yes or no  and there supa fast . So thank you . I will be keeping a look in and see if any one else post about  !your repair!  As I can guarantee I wont be the last person scammed.   Cheers . 
    • Sorry yes was on a small screen.   Funny how it says settle at the earliest, but wont allow ooc?   Dx
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this 'clone firm'.View the full article
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Pursuing a claim against Ocwen/Igroup


Cybernoid
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Hi all

 

I do hope I have posted this in the right place. I have endeavoured to do as much of my own research as possible so far on this subject (detailed below), and don't expect busy people to do the legwork for me, but pointers would be very much appreciated please.

 

My parents have recently been contacted by a firm of solicitors regarding a loan they took out in the late 90s with Ocwen/Igroup, offering to pursue a claim on a no-win no-fee basis, for a 35% commission, for secret commissions paid by the lenders to a number of brokers.

 

My parents are elderly now, and I would like to do my best to reclaim the funds on their behalf. In addition, they have been hounded by GE Money on a regular basis in respect of a mortgage they are still paying off(in my view they have made bad financial decisions, unfortunately). Therefore, although I intend to pursue this matter dispassionately, I know it would give them a great deal of satisfaction if I were successful :-D

 

My research so far as yielded the following:

 

  • Secret commissions were quite common in the sub-prime lending market at this time.
  • Ocwen/Igroup are now GE Money (can be corroborated by info held at companies house?)
  • Relevant case law is Wilson & Anor v Hurstanger Ltd (sorry not able to link to Bailii as new poster)
  • Failure of the broker to disclose a commission paid by the lender constitutes a breach of his fiduciary duty

My next steps, however, are uncertain. I have asked my parents to find any relevant paperwork they have dating back to this time. I am assuming I can get them to submit a Subject Access Request under the Data Protection Act to both the lender (and the broker, if they still exist) and gather all information they can about the loans, to find out the nature and extent of any additional commission paid in respect of these loans? Guidance here would be appreciated, please.

 

 

Things I am not sure of, yet:

 

  • Are we able to pursue the commissions paid in the respect of these loans, given the time that has elapsed since?
  • What will be seeking to claim? The amount of the commission? The interest paid as a result? presumably it would be difficult to prove any loss incurred by being sold a more expensive product as a result of this conflict of interest
  • I am not a lawyer. I am what I would class as legally literate, and am used to reading legislation and case law (in an entirely different field - social care), and i am tenacious ;-) will I be able to bring this claim on my parents behalf?
  • Are we likely to incure significant costs in the process?

Guidance on any of these points would be appreciated, please.

 

 

Thank you in advance for any pointers you are able to give. And apologies if I have missed any answers to these questions in the research I have already carried out.

Edited by Cybernoid
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  • 5 months later...

I've been contacted on the same issue. I have spoken to them (Clearview Solicitors), who will not forward any information.

 

I found an older thread with people starting actions against them?

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I've been contacted on the same issue. I have spoken to them (Clearview Solicitors), who will not forward any information.

 

I found an older thread with people starting actions against them?

 

 

you need to start a new thread

 

 

of your own

 

 

this one is from 2011

 

 

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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