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    • I've just seen your new post. A letter before action is the same as a letter of claim. You don't need a template. You simply need to inform the garage that the vehicle you bought has developed X defect, Y defect, Z defect. He has already been informed of them and given an opportunity to repair and he has either refused the chance to repair or else he has attempted the repair and it has failed – whichever is the case and so under the consumer rights act you are asserting your right to reject the vehicle and you want him to make the appropriate arrangements to collect the vehicle and to refund you the purchase price – plus any associated losses – and if he does not do so within 14 days then you will sue him in the County Court and without any further notice. Don't make this threat if you're not serious about going ahead with it. On day 15 issue the papers. In the intervening 14 days register with money claim and start preparing your particulars of claim. You can post them here if you want us to check them. Whatever you do, on day 15 you send them the good news
    • Well done Shelley. I'll amend your thread title.   HB
    • I'm afraid that your story is rather overlong. It would have been easier to understand it all if there had been less of a narrative and more of a bullet pointed chronology of facts. Although you informed the dealer within 30 days that there was a problem, the Consumer Rights Act requires that there be a clear and unambiguous assertion of your short-term right to reject the vehicle. It doesn't appear to me that you have done this. This isn't a problem at all because you are still well within six months. I understand that you have given them an opportunity to repair and that you have now rejected the vehicle. This is enough to trigger your rights under the Consumer Rights Act as long as the defects which you are complaining about are sufficient to render the vehicle as less than satisfactory quality. As I say, I haven't read through the detail of your story and I certainly haven't looked at all of the PDFs that you have apparently uploaded but I get the impression that you have been quite meticulous in keeping records. I've looked at the Google reviews of Elite and I have to say it doesn't bode very well. https://www.google.com/search?q=Elite+Preowned+Vehicles&rlz=1C1CHBF_en-GBGB822GB822&oq=Elite+Preowned+Vehicles&aqs=chrome..69i57j0l2j69i60j69i61l2.575j0j7&sourceid=chrome&ie=UTF-8#lrd=0x47d8aa4f43f644d7:0x8e93221101489523,1,,,  There is no trust pilot page for them as yet. Maybe you would like to attend to that. You say that the dealer is fond of using social media so that kind of thing is important. Site team member@dx100uk has already suggested that you issue a letter of claim and that certainly seems the way to go although if you are driven to actually mount a claim and presented in court that I hope you won't mind me suggesting that you need to stop being a little bit more economical about the way you present your case. Just in case there is any debate over the defects which have been discovered and their significance then if you haven't done this already, you should make sure that you have got assessments and even quotations for the work from independent garages.
    • Hello dx100uk. Thanks for your attention and help with this. You had an even later night than me! I clicked on the 'letter before action' link which you kindly gave me. This took me to BankFodder's post 'Small Claims actions in the County Court FAQ - work in progress' which I have read through and also the 'Pre-Action Protocol' and 'Letter of Claim' links. I couldn't find reference to a Letter Before Action or is this the same as a Letter Of Claim? Also, my rejection letter already mentioned a 14 day period (taking us to 05/08/2019) for him to get back to me. Is it ok to send a Letter Before Action now? I only ask as I wouldn't want this to be viewed dimly by the court if it goes that far. I do understand that I need to take action as soon as possible so these are just a few clarification questions. I shall google for some Letter Before Action Templates and put something together. Thanks again.
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Kapama trying to enforce Micro Credit Charges

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Hi Everyone! First time poster here looking for some help dealing with Kapama in regards to a micro credit loan, from some general reading I see there is plenty familiarity with them here so I'll get straight to it.

 

I took out a loan with mini credit in 2012 for £100 and they're now trying to play their old trick of adding many charges on so I apparently owe them £1056.00. I don't believe that these charges are enforceable and I point blank refuse to pay them but they're charming debt manager refuses to back down on the issue. I've offered them the original loan sum, one months interest and the default charge (which from reading around the forums is all I have to pay them). After them messing me around for a couple of months they've finally agreed to post me a copy of their companies complaints policy so I can lodge an official complaint with them which I can then take to the FOS when they still refuse to take the charges off.

 

What I would like some help with is what I can write in my initial complaint letter to Kapama in order to have the charges removed. What are the grounds I can do this under?

 

If anyone could help me I'd be really grateful as I would love to stick two fingers up to them.

 

I should say I am prepared to go to court if necessary, and I've seen a few comments on this forum about the judge removing the charges in the court, but will a judge actually do this? Or would a judge force me to pay the whole amount?

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Are these idiots based in Dumbarton?

 

I would ignore them completely and get on with your life.

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Thanks for the replies guys and this is a position I would love to take.

 

 

I wouldn't give them the option of doing court or not because I'd be filing against them.

 

 

I'm keen to get it sorted because we're saving for a mortgage now and our mortgage advisor is a family friend

and says we'll have to declare any unpaid debt whether it's on our credit report or not

 

 

so any advice on forcing their hand to do this properly would be appreciated!

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If the debt doesnt appear on your CRA why would you have to declare it?

Taking court action again Kapama is a waste of time.

 

We've been told that one of the questions in our mortgage interview would be whether we had any outstanding debt and that we'd be committing fraud if we didn't declare it, hence the motivation to pay what we owe.

 

Why would taking them to court be pointless?

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If its not on your credit file, then stop worrying. If its vastly inflated with their charges then its an incorrect entry and should be removed.

 

basically if its not on your credit file, the mortgage company wont know about it.

 

Theyre a sham of a company and after a few letters will go away, providing you ignore them. You reply to them and they will mark you as gullible.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I ignored them for three years and they keep coming back.

 

 

It is still on my credit file, but will have hopefully dropped off by the time we go for a mortgage.

 

 

I don't just want to ignore them because I do want to pay what I owe, but I don't owe £1056! Haha

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They keep coming back because they think youll respond if they threaten you, and right now, you are thinking of contacting and paying, so its working.

 

have they done anything bar send you stupid harassment letters? No. Why? because if they were stupid enough to go anywhere NEAR a court, the court would instantly pick up on those charges, refer the company to the FCA and theyd be closed down.

 

As for mortgages, prime lenders want a good 3-6 years of clear and solid history. If they see one historic entry of a pay day loan, or recent entry, theyll decline your application because thyell know you were in hardship and struggled to meet even your basic outgoings.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They keep coming back because they think youll respond if they threaten you, and right now, you are thinking of contacting and paying, so its working.

 

have they done anything bar send you stupid harassment letters? No. Why? because if they were stupid enough to go anywhere NEAR a court, the court would instantly pick up on those charges, refer the company to the FCA and theyd be closed down.

 

As for mortgages, prime lenders want a good 3-6 years of clear and solid history. If they see one historic entry of a pay day loan, or recent entry, theyll decline your application because thyell know you were in hardship and struggled to meet even your basic outgoings.

 

I'm aware of this which is why we're saving now read to put our application in during 2018 when my credit would have cleared, including this being removed from my CRA files!

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Hope thats a couple years after its fallen off, because a prime lender wont lend to you if they see a historic or current entry. And you REALLY want to stay away from sub prime lenders.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ren,

Just picking up on your comment above,

So if there are no defaults showing on you file how can they see historic events?

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They can see more than they let on sometimes. Same as with a bank issuing a loan. They look for a few years of clear history. If you dont have that, then they can guess pretty accurately that you had recent issues that just dropped off your file.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Also, Kapama are micro credit. Ran by the same people, just another name.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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