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    • Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant. The finance company will have the wherewithal to be able to make strategic delays
    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
    • launch a section 75 claim to advantage ASAP IMHO cut out the garage.   as usual advantage are utterly useless .....just like moneybarn         
    • Hi Bank Fodder,   With regard to court etc, no that wont be a problem, at the moment they are borrowing another car to get to and from work.   JJ
    • Ok thanks for the heads up should I send  them as well as confirming my adress  the template letter explaining the debt is statu barred Or something else maybe not recognising there company as I have no contract with them ! They are a third party interloper etc ! Many thanks !!
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Recovering fees on mortgage redemption


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I had an interest only mortgage with Rooftop Mortgages which became overdue for repayment. Always planned to sell to repay...no problem, and Rooftop was aware of this.

Never missed or late with payment.

 

However a few months ago I had a letter from their Solicitors simply asking what my proposals for repayment were, and then stated that if not repaid, repossession proceeding etc would be taken and IF THAT happened there would be legal fees.

 

Nothing happened, the house has been sold and the mortgage repaid. However, the redemption statement included fees of £926!! I have raised a Formal Complaint with Rooftop about these not being justified but accepted the redemption figure as I did not want to delay completion of the sale/repayment of the mortgage). I await their response.

 

I told Rooftop that following completion I would issue a SAR and then proceed to the Financial Ombudsman to recover these unjustified fees.

 

My question is: Is the Financial Ombudsman the best route to go to do this?

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