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    • At least you got it over with.  Just wait for the court order to come so we can see what the judge has put,  but you will have to start making payments in line with his order from whatever date is on it.    
    • No direct answer for you I am afraid but their actions are surprising. Although banks can and do question unexpected large payments into bank accounts (large relative to what usually comes in) you wouldn't expect a payment from HMRC to be considered a suspicious transaction under money-laundering rules. And you've done the right thing, gone into branch with ID and proof of the source of the payment. Hopefully they will soon unfreeze your account.Sady in all banks local managers have virtually no say in what happens, it's all down to head office fraud and money laundering team.   Their suggestion that student accounts don't allow you to work is surely nonsense. The requirement in their t&c is that you must be on a full time course, not that you can't work as well. Their t&c say " You must be aged 18 or over and studying on a full-time UCAS registered course of two or more  years’ duration...". Nothing in the t&c about not being allowed to work as well, they made it up. It would be a strange student a/c that said you couldn't work ever - Nationwide must know  that most students need to take part-time/holiday jobs to pay their way through university (and have done for as long as student accounts have existed - at least 50 years!)
    • but no judgements yet..urm… think about it..
    • I could never thank you enough Ell-enn - And would never have been able to get through this without your help, support & guidance... Thank you so so much!   I found it all quite traumatic and distressing today - I managed to make myself look somewhat presentable for court and tried to stay as positive as I could, but had a pretty bad panic attack and broke down crying on the way to court, which melted my make-up and I felt very dizzy and unwell. The security staff were helpful and a lady appeared at desk in waiting room (usher I think) and told me that the rep for other side had been there all day, but had popped out for lunch. She said when he gets back he may want to talk to me. I felt like I was going to projectile vomit all over the waiting room. My head started pounding with a severe headache and I was worried I might pass out. He waltzed into the waiting room and stood towering over me at over 6 foot, but only looked about 12 years old.... Very cocky and stood too closely in my personal space. He told me to follow him into a private room for conference and I refused and told him I would prefer for the judge to decide.    Shortly after we were called into the judge. I don't recall his name but I don't think it was the same judge who issued the original possession order and he looked a little bit like Judge Rinder. I broke down crying again soon after sitting down and had to apologise to the judge, who seemed sympathetic. I felt so unwell, embarrassed and humiliated. I then had a panic attack during the hearing and was struggling to breathe - I must have looked such a state.    The judge asked what date the eviction was due to happen (Monday) and then asked me if I had any offers on the house yet and spoke to me briefly, but I could barely speak due to crying. He asked me about my expected return to work and I said I had suffered a nervous breakdown and wanted to be able to get back to work as soon as possible, that my GP had singed me off sick until mid-August and that I was currently on several medications which also affect my ability to work. He asked me if I wanted to say anything else and there was so much I felt I could have put across better, but just didn't feel able to and couldn't think clearly, so said no.   The judge said to the rep for Britannia that he felt concerned about this, but not sure exactly what he meant by that and then the other side stated they had clear instructions to take possession, that I had only paid them £10 and disagreed with my proposal to sell the property myself. The judge asked him if my offer of £50 towards arrears fell in line with Norgan case and the other side said yes. The rep stated that whatever it is I do for a living, my proposals could not be taken into account, as I had no proof or indication of my current income/expenditure.   The judge then came back to me and said he wouldn't be able to agree to more time for property to sell, but would have been able to do more if I had an offer in place / sale agreed. He asked me about my work and for a clearer indication of when I would be able to resume payments / pay a monthly amount towards the arrears. I said that I also had a spinal injury & had had surgery on my spine a few years ago and it was due to complications from that that I had initially been unable to work & fell into arrears and then went on to say that it was Britannias' actions that had caused my breakdown and he did snap at me a bit then and told me he didn't want to hear what Britannia had done, so I apologised. He asked me again when I thought I would be able to resume payments and I asked if September would be ok. I was shaking and having a pretty bad panic attack at that point.    The rep from other side then jumped in and said she needs to pay us straight away, and the judge then stated that he would make an order for me to make repayments from August and suspend the order on those terms. He said if I fell into difficulties again we would be back here again and said that they may be able to help me again if that happened. He asked if that was ok for me and I felt pressured to agree as I didn't feel able to do any other.... I am now now worried about my ability to do this, but obviously relieved at the same time. I think the rep for the other side was a bit p**sed off... He was quite ignorant and I feel traumatised...I feel sorry for the judge having to see me in state like that.   As soon as we had left the room the rep came right up behind me calling my name and told me he needed my updated phone number so that he could contact me. He looked a little bit psychopathic at that point and I told him I didn't want to speak to him and walked off.... I was so dazed I went in the wrong direction when I left the court building and it wasn't until I looked in mirror later that I realised I had tissue paper stuck all over my face from where I had been drying my tears... I HATE Britannia for making me go through that, especially under such poor health.... Which they have caused me!   Thank you again so much for all of your kind wishes and assistance - Especially Ell-enn, as without your help I would be facing Bailiff eviction next week - And still won't sleep until that time has passed.... xx         
    • Just thought I would update, Unite the union have now intervened although initially at a low level.   They have contacted HR at the firm asking them to deal with it in order to stop Unite getting involved
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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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