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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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WA1306

Birmingham Midshires application for permission to renew a warrant of possession after 6 years

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Don't worry you'll be fine. I'm on eviction no. 8 and off to Court first thing Monday for the fifth time (three evictions were dropped).

Dreading it, but fingers crossed.

 

The Court sends out an eviction notice by post around 3 weeks prior and pops one through the letterbox 14 days before the eviction date.

I think they are giving you a load of old bull, just pressurising you.

 

As dx says try not to answer their calls and if they do catch you just say "can you wait a moment while I set up the record app on my phone."

I find this normally changes their attitude.

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I wish you all the best for Monday. Is this hearing after you defended with N244?

 

I am trying to not take stress but can't stop thinking. Wish I had taken advance from this board when problem started by talking to them on phone.

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Yes, you always use the N244 to stop an eviction.

 

Just be realistic about you can really afford to otherwise you'll end up like me.

 

But don't get stressrd, I put my chances at 85%, you are definitely 100%, no way any judge will decline your application.

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Thanks for your supporting words.

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Hi, I was going through some threads on this forum and read about Ell-enn, you suggested someone that if lender don't reply to your arrears repayment offer you can write to court to decide.

 

I also read somewhere that lender must response to your offer in writing.

 

In my case, they haven't responded on writing. Can I not ask the court at this stage? I am very worried about going to the eviction stage. Thanks

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no that for IF they are brave enough to go that far later on

keep your powder dry!!


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Hi,

 

I have been making all monthly normal payments plus 500 towards arrears.

 

This morning I had missed call on my mobile from them with voicemail. The message was half recorded but starting and ending on alternatively if you want to call back in the meantime please call on number....

 

I take they are calling for arrears and possibly court action. 

 

I am scared to call back. What should I do? If it is eviction,  will they call or send letter?

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doesn't happen by phone

stop panicking

never ever discus your debts over the phone

writing only put the phone down

block their numbers too.

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks, in last conversation back in early February the told they will go for eviction. I have been waiting to hear since then or letter from court.

 

 

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they will always say that to frighten people

which is why you NEVER use the phone!!

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi,

 

Just to update the forum, I have been making all payments on time since January 2019. This includes contractual monthly payment plus £500 towards the arrears. 

 

As I have paid 6 months payments on time, can I ask BM to capitalise the arrears? Last week I received phone call from BM to discuss my account but i asked them to send me in writing. 

 

Can you guys please advice whether I should request BM to capitalise the arrears as currently mortgage is showing in arrears on my credit report file. I am looking to remortgage 12 months after all payments appear on time on credit report.

 

Thanks.

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Usually you can only do this on first mortgage arrears, and usually only if the value of your home is a lot more than the mortgage. The amount you owe in arrears is added to your total mortgage.(Capital) Obviously your monthly payments will go up and repayment of the arrears are therefore spread over the rest of the term of your mortgage.
 

BM may be more likely to agree to capitalise the arrears if you have already kept to a repayment agreement for some months....which you have...and BM will usually view capitalising the arrears as a last resort option.

 

Andy


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Thanks Andy. The loan on the property is about the 50% of the property value, so lot of equity. 

 

is there any harm in writing to BM to request capitalising the interest or you suggest to wait few more months? Can anyone help with the letter template?

 

Thanks.

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Well several months is quite  steady...no harm in requesting.

 

Check The LIbrary we may already have a template ?

 

Andy


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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So they never did apply for eviction?


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn,

 

no they didn't apply for eviction. They applied for extension to the reposession order that was granted in 2009. They asked for for the remaining term on the mortgage but court only granted 12 months starting from January 2019.

 

Since January this year I have been making regular payments. They didn't agree on payments towards arrears but since i have made payments for last 6 months I want the arrears to be capitalised. They in the past capitalised arrears. Last time was about 3 or 4 years ago. 

 

I don't want to call them but email if you suggest no harm in trying.

 

Thanks.

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