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    • Thanks,    I've read the info from the link, nothing I wasn't aware of really. I wouldn't talk to a DCA anyway or anybody else over the phone for just about anything, hence the reason I refused to give them my details when they rang up. The only "conversation" I had was when they rang me and asked me to confirm my details, which I refused to do because it could have been anybody on the phone and as I said, I'd never heard of them anyway at that point. I asked them to contact me in writing, if they wished to pursue the matter, with "a copy of the Agreement" and the reply was that "there isn't one". At that point I said "we have nothing more to discuss then" and ended the call. 
    • Looks like my mistake. The new machine requires the full reg to be entered now, whereas before, only the first two numbers were required. I entered the first two numbers.
    • Reciveed a summary warrant, phoned up the council who said it was not longer anything to do with them and I'd have to speak to walker love the firm who deal with their summary warrants. I said I wouldn't have anything to do with them becasue it looks like a dodgy dca and I  I don't trust them, the debt is with the council not walker love. Anyway turns out they have no record of an arrangement to pay last years outstanding amount so whatever's gone wrong they have cancelled this years installments, even though regular payments have been made, they then took a summary warrant for last years and this years outstanding amount. I've cleared last years outstanding amount to the council and have a payment reference number, and the council say they'll make contact regarding a single person's discount  which was missed and then calculate the payments for the rest of this year. They say they sent out three letters threatening the summary warrant which were not received. Now to my question, my argument that the debt was with the council and not walker love, and as I've paid and agreed to pay what and the council say they'll contact walker love and stop the action, is this correct or will walker love still pursue? 
    • I'm trying to get my head around this. In effect, over the years you have been paying your own bill for yourself and also the bill for your neighbours usage as well – as metered. At the same time your neighbours have been paying their own water bills based on an SS charge. This means that Yorkshire water have been receiving double for your neighbours water. Now they are proposing to return to you the portion which which they now say represents the amount of water used by a neighbour. I think it would be interesting to talk to your neighbours and see if you can get copies of their bills over the years. Our Yorkshire water proposing to return to you the same amount of money that they charge your neighbours? Even if your neighbours don't have all of their bills to hand, maybe they've got one or two bills available and if it looks as if there is a discrepancy then maybe your neighbours would be kind enough to send the water company and SAR as well. I don't know if I have suggested that you read our customer services guide – but if I haven't then you should do so and implement the advice there in case you have any telephone dealings with the auto company. You haven't said whether you want to have a metered supply or to have an SS charge. Please let us know because it makes a big difference to the final solution you will be looking for. If you want to metered supply then I think you are absolutely entitled to insist on it and you are entitled to insist that Yorkshire water and if this is in your garden, they should then pay for any repairs.
    • Not sure if this is the correct forum, so I apologise in advance.   So, the situation I am currently in.. is that a family member opened a Littlewoods account in my name, at the address I used to live at (Family home). The account was opened in November 2018, goods were obtained and then payments were missed. I usually check my credit report and score every month, but (somewhat foolishly) I didn't bother checking for a few months as my score remained the same. I didn't notice this account on my report until several months after it was opened. I obtained statutory credit reports and went through everything. I then filed this issue with Action Fraud.   I contacted Littlewoods and explained the situation to the fraud team, re-iterating the fact that an account was opened at an address I had not lived at for almost two and a half years at the point that this account was opened, not to mention the account is under a 'Mrs', when I am male. They proceeded to tell me that it was a civil matter and not one for them to deal with. I told them that the amount owed wasn't the issue, but rather the adverse effect it was having on my credit score as I was considering applying for a mortgage soon. They simply doubled down on their 'civil matter' point and hung up on me.    I got in touch with Experian, who added a notice of correction to the entry on my report and provided a template for me to send off to Shop Direct. I sent this letter off and received zero response. The family member had started to make payments after I threatened reporting this to the relevant people, but the account, and the several months of missed payments, still remain as a black mark on my credit file. I will add that I got a CIFAS marker placed on my account to try and prevent this sort of thing from happening again in the future.   I have also filed this issue with the Financial Ombudsman. I guess I am posting this because I am not quite sure where to go next or what my next actions should be to get this removed from my credit report. It is incredibly disappointing that a family member would do this to me, but it is also extremely annoying that Littlewoods themselves have been very unhelpful in trying to rectify this issue that has occurred at such a point in my life when I am considering applying for a mortgage. Any help or advice would be greatly appreciated.   Thank you.
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yogibear1

MotoNovo Finance - Jaguar on HPi with mileage discrepancy

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They told me over the phone today that they have a call recording and they are sending a letter to confirm they are rejecting my claim and i can go the financial omb as an option if im not satisfied with the outcome

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Thank you.

When you are in this kind of situation, it is extremely unhelpful that you have important telephone calls where you receive information or admissions which can then later be denied or it can be said that may be you confused the issue.

Have you read our customer services guide? I suspect you haven't so I think that the next thing you should do is it should read it and implement the advice there. Presumably you are using a mobile phone of some kind.

I think that you need to get hold of this call recording. It would be extremely helpful if having read our customer services guide you could implement the advice and then have another phone call with them – you do not need to give warnings that you are recording – and discuss again their call recording so that you have your own recording of the fact that they have admitted it.

What is interesting here is that they have apparently told you that they were aware of a mileage discrepancy – so I understand that it was they, the finance company, which first brought the possibility to your attention – and that they said that they would release the funds when they were satisfied about it. They then release the funds which I think is an extremely reliable indication that they were satisfied and that there was no issue.

If you have this evidence then as far as I can see you are home and dry. The only problem will be whether you want to go to the ombudsman or whether you want to go to the small claims court.

This can be discussed later. However, you need to get a solid piece of evidence – either a call recording or a letter referring to the call recording by them and that they brought the discrepancy to your attention and that they committed themselves to you to release funds when they were satisfied.

They were the sellers of the vehicle and so by releasing the funds to you so that you could then purchase it from them, I think that there is a clear commitment upon which you could rely that there was no issue – and of course it turns out that they were wrong.

The other important matter which once again you don't have a record of is that they are still saying that there is no HPI issue. They have told you this over the telephone that you have no record of it.

I think you need to be a bit more prudent about your dealings with people. Please read our customer services guide


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Thank you for the info i have already contacted the Ombudsman they are looking into this.

the problem is the car is on the Hpi as a mileage issue.

i think this should be a good case to answer.

i will be sending a sar request email to them now.

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When did you contact the ombudsman? Surely the finance company hasn't given you their final response yet


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I did it a few days ago when they said they needed a further 4 weeks i gave them the info they requested to start the process.

i have a case number to make any updates

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And in your complaint to the ombudsman did you include the information that you were not aware of any mileage discrepancy until the finance company referred to it and that they said that they would only release funds once they were satisfied. Did you also refer to the fact that they did release the funds and that you took this as an indication that there was no issue? Did you also bring to the notice of the ombudsman that the finance company appear to be unaware of any HPI record even though you have evidence of it in your own hands?

Also, I'm not to clear as to how you managed to begin a complaint to the ombudsman without a letter from the finance company telling them that they had reached a final decision. It sounds to me as if you have had a final response very recently you say you started your ombudsman complaint four weeks ago


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i told the ombudsman i was not aware of any discrepancy until the finance company said they are looking into one, only then will they fund the car.

I said i tried to sell the car but it's on the hpi register and i would not of bought the car if i was aware of this.

When the finance company released the funds i was at ease as i would of thought there was no issues with the car

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Okay. Well you are with the ombudsman now and so you are in for a long wait. My only misgiving is that the ombudsman is so limp wristed and so conservative, that they may eventually find against you on the basis that they consider that the discrepancy isn't very serious. Or they may even simply recommend a payment to you rather than ordering the finance company to reimburse you.

To my mind you have a completely solid case to go to the Small Claims Court and there of course it would be no nonsense. It would probably also be quicker than the ombudsman. However, you have started with the ombudsman – and although you are entitled to withdraw the complaint from the ombudsman and decide to go to court instead, if you are not in a hurry then I suppose it would be best to hope that the ombudsman will find in your favour – at least to the extent of confirming that you are entitled to rely upon the finance companies release of the funds on the basis that they thought there was no problem.

If you manage to achieve that then this would be very helpful. Then, if the ombudsman failed to order any remedy other than a full refund plus compensation, I would personally advise you to reject any compromise award from the ombudsman but instead to go to the Small Claims Court.

If you went to the Small Claims Court armed with a decision from the ombudsman that recognised that you are entitled to rely upon the decision of the finance company then you would win hands down and I don't even imagine the finance company would want to get a judgement against them – and they would settle.

So the situation the moment is you are probably waiting for the initial decision from the ombudsman and then maybe come back here to discuss any offer of an award. If the ombudsman finds against you then it is always open to to begin a small claim – and frankly on the strength of what you have told us here, this is what I would do.

It seems to me that you have become very unsettled by the discussion here which has tended to be dominated – I suspect – by people who are connected in some way with the car trade. As you have now moved the complaint to the ombudsman I would suggest that you try to disengage yourself from this thread because I don't think you are finding it very comfortable and much of the advice which is being given here is unhelpful even to the point of being incorrect – in my view.


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AS said she cannot legally can't sell the car until title is transferred. She cannot say there were current damages, she may be able to complain if and when the car was hers, but until the P is settled it ihs the HP company who need to complain to the dealer.

 

Whilst she has the car, she will be paying contractual payments if she stops the will repossess and chase her for the full amount outstanding. 

 

I would get the car back under VT then pursue costs, outside the agreement.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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thanks, BankFodder i will take your advice and keep you posted

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4 minutes ago, Dodgeball said:

AS said she cannot legally can't sell the car until title is transferred. She cannot say there were current damages, she may be able to complain if and when the car was hers, but until the P is settled it ihs the HP company who need to complain to the dealer.

 

Whilst she has the car, she will be paying contractual payments if she stops the will repossess and chase her for the full amount outstanding. 

 

I would get the car back under VT then pursue costs, outside the agreement.

 

This is certainly a course of action which could be explored if the OP needs to get rid of the vehicle. However, I would do it very carefully and make sure all the time that there was a written record and that the finance company was aware that the OP was dealing with the vehicle in this way – under protest – and reserving all rights and that the HP company were fully aware that the vehicle was subject to dispute and that they were likely to be pursued for any losses. This must be made completely clear throughout


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I received the letter which is absurd they claim i first complained about a clutch? which i never complained about any such thing.

They now say they have a recording from the car dealer and not themselves stating i was told the car has a mileage discrepancy and is on the hpi register this is untrue. I spoke to the ombudsman who said they are looking into this and to add any further info via an email they sent so I have done this.

 

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Have you sent the SAR?

 

Did they say in a letter that they had the recording?


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Posted (edited)
15 hours ago, BankFodder said:

Have you sent the SAR?

 

Did they say in a letter that they had the recording?

 
 
 

I sent a SAR request by email Friday to Motonovo.

 

They said in the letter.... The broker supplied a recording of a telephone conversation which took place between me and the broker on 31st October 2018 and i acknowledged i am aware of the mileage discrepancy found on the hpi check.

 

I was NOT aware the car has a mark on a hpi and the finance told me they are looking into a discrepancy so when they funded the car i took it that everything was cleared up when i collected the car. Nothing in writing to say i am aware, nothing mentioned by the dealer.

Edited by yogibear1

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You need the recording.  Have you sent the SAR?


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I sent an email stating.

I am formally requesting a subject access request relating to the alleged telephone conversation you have with me about the mileage discrepancy being disclosed to me before i bought the car on finance.

i ask you to provide all of the information about this recorded call as it is required to disclose under the data protection act

 

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It'll do but it's a bit limiting. You really should be using our template as a basis and sending a widely referenced SAR.

 


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i will send one recorded post, where can i find the template please?

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SAR

 


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thanks, i found it, i will send a recorded letter as well .

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all done and printed ready to go.

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Posted (edited)

OP, have you actually rung Jaguar about the discrepancy or asked them to plug your car in for clarity ? 

And, are you saying, you were advised there was a discrepancy prior to the finance being released ? 

Edited by stinky-pants

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I really do not understand what is going on here TBH.

 

The OP buys a car for 18K, five months later, no arrears she finds that it has been clocked, yes I can see how that may irritate. But then she says the car is worth 17k TRADE now, that's even with the millage issue.

 

She needs13k to pay off the HP, she could loan the money, sell the car, pay back the loan with a few days interest, and recover the deposit with 5 months free rental under her belt. the HP company would be the ones out of pocket...


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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But, it hasn't been clocked.... Its clearly a clerical error, a simple discrepancy, look at the mileage for the following year. The OP did a HPI check which showed a discrepancy, they were advised here to ask the provider of the check to research the discrepancy... They haven't, they also haven't asked Jaguar for clarity of the mileage. The OP hasn't done the two most obvious things to support the claim..... WHY ?

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With due respect to the OP. I don't think anything on this thread is "clear".

 

My point was that whatever occurred there has been little or no damage to the Hirer/buyer.

 

Apparently, the vehicle still has a sale value commensurate with one of its correct mileage.

 

She is not bound to purchase the vehicle, as far as the law is concerned the car is still on hire at this point, there are remedies available under the Act which enable her to return it wit no further cost if she feels she has been sold a lemon.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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