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    • ok thanks guys. really appreciate the reassurrance. Yeah i'll get those done today/tomorrow.   On an unrelated note. I'm sure you guys will appreciate these videos. (i'm preppeing for court 🤣   9 pigeon holes - Irving Younger   Irving Younger's 10 Commandments Of Cross Examination at UC Hastings College Of The Law
    • Sorry    Here it is one file small enough to fit within the limit. BoS CCA.pdf
    • Hi Bank Fodder  Thankyou for taking the time to reply in such detail  We always go above and beyond for all our customers and this is the first customer in over 2000 cars  that we have been unfortunately unable to keep happy  If you dont mind i would just like to clarify a few points  1: Section 75 covers you for the entire purchase amount even if you only pay a £10 deposit with the card We actively encourage every customer to use a card for there deposit for just this reason  2: We put a six month fully comprehensive warranty on nearly every car we sell which you can use at any vat registered garage so nobody needs to bring a car back 150 miles  3: The initial £150 was more than fair, we pay £180 inc vat to have a bonnet painted please feel free to contact our bodyshop GT autobody and paint solutions 07792728174 should we be required to go to small claims i can provide bank statements and invoices going back 5 years to collaborate this if necessary  4: If the car did need to come back here for any reason we have a fully insured loan car which is completely free of charge and even comes with fuel 5: When claire sent the photos we counted 14 stone chips in total she has zoomed in so they look huge when in fact they are minor and as she has admitted on here (difficult to spot in sunlight)  6: We are not in fact in breach of consumer law, in fact we are far from it, Consumer law allows for the car to be in a fair condition allowing for wear and tear relating to age and mileage, we didnt hide the stone chips we openly pointed them out so how can we be in breach?  7: Claire asked for £150 i gave her £150 8: Claire asked for a bigger contribution i offered a bigger contribution.  9: Claire changed her mind again and decided she wanted a brand new bonnet payed for exclusively by me at 3 times the price it would normally cost me without making a contribution herself, add to this the fact that her first email was blackmail at best and i kept my kool and replied respectfully as we have throughout  Im sorry but thats were we draw the line  9: I didnt post every email as there are over 30 of them 😳 10: For completeness when we spoke to the AA mediation service and asked them what they would like us to do they informed us we were under no legal obligation to do anything, there opinion was that we had already gone above and beyond what was necessary under consumer rights.  Personally at this stage we just want to refund her in full and have our car back  Sincerely  Mark  Gem Cars Ltd 
    • Hi dx #4 amended I will get this sent tomorrow if it’s ok?   any advice will be welcome 🙏    In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant  WITNESS STATEMANT OF XXXXXXXXXX    I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1    3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that the claimant was issued a CCA request asking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.   Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….     Thanks G
    • Thanks for your explanation. That makes much more sense now.    I've been doing exactly what you were saying since I realised a dispute was likely to occur. I've always been civil and impeccable in my behaviour and approach.   The company has destroyed their reputation and image through their conduct with me which has put me in a good position thus far.   I was just concerned that you didn't understand the full picture and were telling me to keep giving them more attempts because you were trying to help me solve this dispute.   I'll send that email to them tonight and update you with their response.   I've realised a long time back that small claim court is won by not just those who are in the right, but those who are reasonable, fair and calculated in their approach.   Thanks
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Been chased for money for a car we don't have no more


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Applied for finance for a car through Zuto last year, who used Moneyway as the finance company.

 

Zuto have their own dealers across the country you can use to finance cars or go to your own dealer.

 

We found a local dealer G5 cars about 4 miles away through Zutos own website and purchased  a car on finance for 4k last March C4 picasso VTR+. We have been making payments on the car no issues and it all went through at the time without complaint.

 

Zuto came back to us this year and said would you like to upgrade your car and we had preapproved finance.

 

We saw a car with the same dealer so went back to them and they offered us 2.5k for the car part ex which the rest of the finance was £2,400, we had to make one more payment to moneyway in June and did that and now have the new car and G5 currently have the old car up for sale now on their site for £3,460.

 

We got a call from Moneyway last week saying we missed a DD payment and the DD had been stopped. Explained what had happend and who we spoke to last month in moneyway to find out the final costs of the car and what payment to make. They seemed ok with this and heard nothing till this weekend.

 

They have sent a letter with a missed payment notice attached and asking for the £2586 for the cost of the car with missed payment costs added.

 

My wife is going to chase this up again. Who is responsible for the costs of the car?

should G5 have given us the £2,500 or would they have paid moneyway this money or zuto who are the broker?

G5 work with Zuto and all the other finance companies

I assume as a dealer they would have paid the car off to the finance company.

 

Nobody has explained to us when handing the car over who pays the final bill?

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Get in touch with Zuto who should be able to resolve as they acted as your agent in regard to the finance arrangements.

 

Something has obviously gone wrong with the paperwork submitted when you exchanged the cars and the finance arrangements was revised. 

 

Should be easy for Zuto to resolve this.

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So was the list price on the new car £4900?  It sounds like they used the trade in as said part ex against the new one. So you would still have to cover the outstanding balance for car 1 unless they rolled it in to the new car finance. But from the sound of your post that did not happen. 

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The finance we have got is for the full cost of what they were selling the car at plus interest over the 4 years we will be paying for it. so this other car was £6160 or £8000 altogether with the interest

 

The old car had £2400 left outstanding finance we got £2500 for it trade in, this was so that we didn't need to go with a broker that did negative equity if the dealer gave us less. We had one payment of £186 to make to moneyway and that cleared the whole balance then. We have a letter to confirm this.

 

My wife is going to chase this up with Zuto tomorrow and find out whats going on.

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Ok that clarifies things, so where did the £2500 go that you got for the sale of car 1? If this was a recent swap then the garage may not have sent the payment yet. 
I would talk to the garage personally and ask them where it is. 
 

However you did use the term part ex, which does mean the valve of that car was used against the new one. Have you double checked the paperwork to ensure it’s not shown against the new one?

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Posted (edited)

I've just spoken with G5, They asked me to email them across the details of the 2 cars as he wasn't at the desk.

 

I've gone through the paper work that came with the new car. There is no sales paper work for either car to show purchase or trade in. There is a large number of documents for the new car from MOT to services as the car is a 63 plate so it's had a service every year I thought the paper work was in that but they haven't put it in. We do have the V5 for this car this new car though

 

It doesn't matter about that as Zuto have made a number of phone calls to G5 waiting to release funds as we had to wait for something to be fixed on the car before driving it away so Zuto are aware as well what was happening.

Edited by finaldj
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  • 2 weeks later...
Posted (edited)

Just updating this,

 

Moneyway still chasing us for the money, seems that G5 are the main problem, My wife had actually sent them the final fee weeks ago via email with a letter she has been given from moneyway.

 

G5 needed permission to make a payment to clear the balance with Moneyway, wife called Moneyway and gave permission for them to pay. Didn't hear anything from this point till a few days ago Moneyway chasing us for the money.

 

It appears G5 never made the payment. I left an average review on G5's site which triggered a response from them to call my wife and leave a message.

 

We sent G5 another copy of the email with the attachment Monday. Got another call from Moneyway today asking why payment hasn't been paid yet so had to contact G5.

 

The owner wasn't in so the MD dealt with it, wife explained everything was in the attachment sent in the email. when he checked he said there wasn't one there, then changed his mind and said the owner had opened it and hadn't seen that so just left it.

 

G5 offered to pay by credit card but moneyway said they can't take a payment over the phone for that amount with a card. so they offered a cheque to them and they said they could only take a bank transfer.

 

My wife has had to drive all the way down to the garage to try and sort it as the idiot seemed confused how to deal with a bank transfer so said he would need to leave it for the owner to deal with it tomorrow.

 

We said what about writing a cheque out to us and we'll do the bank transfer once it goes in and they said they don't do that incase we spend the money instead of paying it.

 

So it's still an on going ball ache with them at the moment. Wife has asked moneyway to revoke the failed payment on her credit report but they've passed it back onto G5 saying it's them that deal with that. which is nonsense as Moneyway have issued the failed payment notice to us.

 

Thats another thing to chase up after all this is sorted.

Edited by dx100uk
added A few blank lines only..dx
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