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    • Hi Dave2019   That response to your councillor is short and direct so lets see how your councillor will act with Platform.   I think you have noticed that Platform are not telling the correct facts to news article/MP/Councillor which is absolutely typical of these Housing Association to always give there version of events to make them look as if they have done everything by the book to make them look good we haven't done anything wrong.   This is when you challenge them as you have done and throw there own Customer Community Engagement Strategy in there face and you keep doing this with what I have pointed out in post#67 (as a reference).   The more you do this the more Platform are not going to like it as it impacts their own Customer Care Policy, Complaints Policy and that specific Customer Engagement Strategy as these look more like just a paper exercise to make them look good but putting them into practice they are not just failing but are in fact Breaching those Policies.            
    • Ok! I think it's about there, I've added those final points. Thanks again for looking this over!   Px CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT XXXX WITNESS STATEMENT OF XXXX I, xxxx of xxxx, being the Defendant in this case will state as follows;   1. The Witness – xxxx states in point 3 that:   “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.”   This in not true. I have never entered nor admitted to entering into an agreement with the claimant.   2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.   3. In point 5 xxxx states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge.   I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent.   I have always kept the Student Loan Company informed of my current address.   4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date.   Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT.   5. Addressing points 21,22 and 23 - the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice within the 6 year limitation period therefore breaching the rules of the Consumer Credit Act 1974 section 87/88.   6. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.   7. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
   8. The defendant’s costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days.   (a separate costs sheet is attached).   Statement of Truth   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: xxxx Dated: 17/05/2022   Costs Sheet Cost of N244 application form: £255.00      
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Car dealer requesting money following part ex


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Of course this is very unusual in that we here have a dealer who is claiming they have been ripped off by a customer.

I'm afraid it's not at all clear from your post, exactly what your position is.

Are you in possession of the new car?

Please can you tell us a bit about both cars – the old one and the new one. Make, mileage, what was paid, the allowance made on your old part exchange vehicle.

Of course I think we would like to know the name of the dealer.

Also, what is your status in this? Are you a consumer or is this a business/work vehicle?

I don't understand why there should be two finance deals on the go

You talk about the "delete" not having replied. I take it that you mean the "dealer".

If you have the new vehicle and the finance agreement is in place then I don't understand what it is you are waiting for.

I think you need to read over what you have written in your first post – maybe get somebody else to read it and see if they understand it and once you realise that it could be presented in a more structured and detailed way, maybe you could do that.

 

Then we will be in a position to give you advice.

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You're not a trader. The Jaguar was your own private property and nothing to do with your trade.
Your status as a consumer is useful but only has a marginal effect because even if this was a trader to trader contract, the result would probably be the same.

As long as you didn't misrepresent the car in any way then I tend to agree with CAB that the dealer doesn't have an argument and he will have to accept the car in the condition that he bought it.
As you already understand, he is a professional – holding out some kind of professional expertise. He had an opportunity to inspect the car and it was his decision not to and once again as long as you didn't mislead him then he is going to have to accept the consequences of his poor judgement.

I expect that this thread may receive some visits from people who feel rather triumphant about this situation because generally speaking it is the consumer who gets the bad deal and it is the dealer who tries to avoid their obligations.
In this case it seems that the dealer has gotten the bad deal and far from avoiding your obligations, you have no obligations.

However we do have a problem here and that is that the dealer undertook to settle the finance on the Jaguar. Why did this happen? Did you get this in writing?

If the dealer decides that they is not going to settle the finance then we will have to help you sort this out. Of course the dealer would be making a very serious mistake if this is what they did.
Have you any inkling as to what the dealer is proposing to do?

Have you had anything in writing from the dealer? Have you had any exchanges in writing with the dealer?

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What day the part exchange actually happen? It would be reasonable to say that the dealer had from that date to fulfil all obligations in respect of cancelling the Jaguar finance arrangement.

In your written exchange did the dealer give a date by which this would happen?

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Quote

Dear XXX

As you know on XXX date you took my Jaguar motorcar registration number XXX in part exchange for a Fiat registration number XXX.

You allowed £9500 on the Jaguar which effectively means that you purchased the vehicle at that price. Our shared intention was to use the money to settle outstanding finance on the Jaguar and you undertook to deal with the finance company directly and to settle the matter within two days.

Since then I understand that a defect has manifested itself with the Jaguar and that you have not carried out your promise to pay my £9500 to the finance company and it may be that you are proposing not to do so.

As I have already said to you I did not mislead you. I sold you the vehicle in good faith and you purchased it in good faith. You had an opportunity to inspect the vehicle and take it for a test drive and you declined.
You are a professional within the motor trade and so therefore you hold out a certain expertise and you made a certain judgement about the condition of the car.
Had I set out to deceive you in some way, you would be entirely justified in your complaint against me but we both know that this is not the case.
I have full tracking history of my use of the vehicle on a daily basis. Had I been aware of the fault which you have discovered, I would not have been using the vehicle in this way.

I'm writing to warn you that if you do not settle the finance agreement as agreed, then this would be a serious matter. Apart from putting me in a breach of contract with the finance company, this would impact my financial status with the credit reference agencies and make it more difficult or more expensive to get credit in future.
I could also become the target of legal action from the finance companies.

The £9500 was left with you and effectively it was left with you in trust. This means that you have a duty as a trustee of my money to pass it to the finance company in full and final settlement of all my liability stored them.
If you do not pay the money over to the finance company then not only will you be in breach of your contract with me but also you will be in breach of trust.
Furthermore you will be liable for any financial harm that I might suffer.


If you do not settle the outstanding finance agreement on the Jaguar as agreed then it is possible that the finance company may take a legal action against me.
If this happens, you can be certain that I will join you to the legal action as a part 20 defendant – which is legal speak for a second defendant.

If you feel that in some way I have breached an agreement with you then your clear remedy is to sue me for a breach of contract in the County Court and I will be very happy to defend. However, it is not for you to take the law into your own hands and refuse to pass on the £9500 which was left with you in trust, to the finance company.

Please confirm that you will be settling the outstanding finance agreement as agreed and let me know the timescale for that.

If you will not settle the outstanding finance agreement within 14 days then I will sue you in the County Court and without any further notice and this is my letter of claim.

Yours sincerely
 

 

Let us know if you're prepared to send the above letter and if it is correct and if you want to make any amendments.
I think it sums up the entire situation and I think you need to move very quickly.

On the basis of what you have told us, your chances of success are better than 95%.
Of course if the dealer has some evidence that you deceived them, that might change the picture a little.

If you do send the above letter then please understand that it's not a bluff. You must go ahead with your threat on day 15 and of course we will help you.

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Excellent. The tracking information will be very useful.
I have amended the proposed letter above in red.

I don't think there's anything you can do now except to send it – but also send a copy of the letter to your finance company and also write a separate letter to your finance company saying that you are attempting to redeem the finance agreement but the dealer who is holding money is at the moment refusing to pay over to the finance company.

Also, for the moment I suggest that you keep on paying the finance company their instalments. If you simply stop the instalments now then you will have an additional problem on your hands from the finance company and I think that things are sufficiently complicated for the moment.

We can revise that opinion later on.

If you end up overpaying the finance company then we will decide who to recover the money from – other the finance company or from the dealer police the problem will be very much smaller than £9500.

Please let us know if you are going to go ahead

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Still waiting to hear if you have decided to post this letter of claim

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That is very interesting. Do you have any evidence of this?

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I think would be curious to see it. Convert the screenshot into PDF file and upload that.

Also, make sure that you've got it completely backed up. How many miles did he do?

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Well if he's only driving a mile or so then it's easy for him to say that he simply testing it – which is very likely to be correct.

I think if you had some tracking data which showed that he was actually using it and going out for jaunts, then that would be very different.

Keep an eye on it.

 

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In his response to you he has referred to the fact that you are unwilling to compromise. What does this mean? Has he put a solution on the table?

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Also what are your losses so far? Presumably as you are still making payments to the finance company for the Jaguar, your losses are incrementing at a certain sum per month. Please can you tell us more about that.

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Thanks.

Well you send the letter of claim and so if you're prepared to follow it up – then you had better start getting ready.

Have you registered with the money claim website?

I suggest that you post up a draft particulars of claim here. Keep it very minimal. Give the minimum of details – simply establish the cause of action.

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