Trade Centre uk/Startline Motor Finance - and Jonathan Hall, DWF Law - solicitor (apparently)

[BankFodder]

So are you telling us that despite the fact with us asking you several times not to send off any documents on this we had seen the final version and agreed with it that you still went ahead and sent the above Draft?

Please don't send him anything more until we have helped you Draft a cover letter.

Please confirm that you have read this and you understand.

You say that he is on the ball. He is reacting in the way that you should be reacting when we post up our help for you.

There is no hurry now because it is Friday so please don't send anything until we sort out a reply and then you can send it on Monday morning.

Please acknowledge that you have understood this and that you are going to follow our advice

[BankFodder]

 

Quote

Dear Jonathan Hall

reference number XXX

First of all please don't forget my warning about trying to impose unilateral without prejudice or in confidence duties upon me.
Don't try it.

Secondly, reference your telephone call which you made to me. I don't wish to receive any more telephone calls from you or from your clients on any matter.
This has gone on too long and is too serious.
You can write to me. You have email – so use it.

I want everything down in writing. I realise that you're probably trying to rescue your reputation and try to sort out the mess that you and your clients have got themselves into.

I'm not interested in helping you out. I made everything clear in the document which I sent you.

You have said that you are reverting to your client for instructions.

You had better tell your clients to hurry up. They have had ample time to carry out an investigation which eventually they didn't carry out.

They haven't taken any of this seriously. Neither have you. Nor has the dealership.

Get a decision about my proposal by Wednesday or else on Thursday I shall be sending my response to your application notice to the courts and I'm looking forward to putting it all before the judge and I expect that the judge will throw out your application notice that I will get judgement and then move to enforcement.
I also then expect as I have already requested, that the contract and any agreements will be rescinded.

Take me seriously.

Once again, don't bother  to telephone. If you try it then I shall add that to the complaints about you which I'm proposing to make anyway to your professional bodies.

Finally, I am making a subject access request. Please tell your clients that I want full disclosure of all personal data that they are holding on me on any matter and in any form including call recordings.

Under the data protection act they have 30 days – so get going.


I shall be providing a copy of this letter to the courts as well.


Believe me

Signed

 

[BankFodder]

The letter I have posted above is a short letter. It tells it how it is. You shouldn't have any difficulty dealing with this on your telephone. Please confirm that you are going to send this or if you have any questions then please will you ask them now.

I think were are at a position now where the other side of loss control. They handled it badly and so has their solicitor and you have the upper hand.

I think the above letter reinforces that. If there are any attempts to telephone I think you should refuse to enter the conversation and tell them that they should write.

They have ample time to deal with this.

Frankly I can imagine that the whole problem might be sorted out by the end of the week. I think they are probably quite worried

[BankFodder]

I have just corrected some typos in the draft letter above

[shellyh24]

UPDATE:

The CCJ has been paid

[BankFodder]

That is great news. 

 

Have the rest of your conditions been met meaning deletion of data and cancelling the contract etc

[shellyh24]

I have asked for clarification as all I have had so far is money deposited in my account and a very brief email below....

asked on the state of the Finance Contract, the Vehicle Rejection and the Defaults imposed on my credit file.

I have asked if by paying the CCJ I am to assume they will also be fulfilled but will update shortly before we know how to carry on.....

Dear 

 The CCJ sum has been paid

It was paid by two instalments and by electronic transfer

I've attached proof of payment

Could you check your account for those payments and let me know.

Regards

 Jonathan Hall Director

[BankFodder]

Thank you for this. We need you to clarify.

What date did you send your letter asking for clarification? Was the letter which you post above from this so-called solicitor – Jonathan Hall a response to your request for clarification?

Please could you post the final version of the letter that you sent them setting out your conditions. We aren't sure exactly what you sent them.

So far there is no sign that they have actually cancelled the contract and so if I you I wouldn't relax. You still need to take our help and you need to follow closely what we are advising.

Please can you answer the questions above and post the final version of the letter that you send them with your conditions in PDF format

[BankFodder]

Sorry, I see that you have answered some of the questions.

Have you responded to the message which Jonathan Hall sent you above?

[shellyh24]

Hi, sorry so I am still working from my phone which is very annoying but Virgin have not yet repaired my connection issues....

What I sent to him was the letter you wrote initially.

I copied and pasted it on here, it is at the bottom of page 11.

I know then you said not to send anything else but it was already done I just had to accept the telling off....

I have been away in Spain and only got back this morning, I had am email from Jonathan Hall and that is what I pasted above, the sum was paid to me yesterday and the email I got from him today...

I then emailed him back to say that I have received the sum in my account and can he please clarify the status of the other requests that I made regarding cancelling the contract, accepting the rejection and clearing any defaults and files on my credit report.

He then emailed me back today saying he has yet to get confirmation from his client but he will let me know.

He asked that I go online to the Court portal and mark the CCJ as 'satisfied'. 

I said I will not do this until they have agreed ALL terms I requested. 

He then said that it is simply telling the Court I have been paid and it has nothing to do with any other terms as it is not being set-aside as per their original request, it has just been paid... 

I have not done this and have not replied further. 

I has been left that I want an answer as to whether they accept the rejection and will clear my credit report.... he wants me to log on to court and mark it as 'satisfied'......

Oh and in the meantime while I was away I have an email from Trade Centre UK asking me to make contact to collect the vehicle...   which I have ignored.

[lolerz]

They can write to the courts to satisfy it themselves (they only need to prove they paid) so holding off marking it as satisfied isn't really going to do much.

Sounds like old Johnny Boy wants you to do his job for him. 

[BankFodder]

In your claim you also said that you wanted the contract rescinded.

Although you haven't arranged for a hearing on this. It is still part of your claim.

Please standby for a response tomorrow and we will Draft a letter.

I suggest that you don't send anymore letters off until we absolutely agree.

It may be a telling off but it is all in your interests.

And it doesn't help that we try to come up with a strategy that you have gone on your own.

I expect that you wouldn't have achieved this much without our help so don't ignore our help please

[shellyh24]

I am trying not to, genuinely I am. Unfortunately I am very impulsive and act without thinking. I will try my best to follow your instruction. 
I have not communicated further since asking for clarity on the other requests i made. 

Should I do what was asked and log in to the court to mark the CCJ as paid? 

Also just to add, I just logged in to my Clear Score account and they have not recorded any negative defaults or whatever against my credit file..... yet

[BankFodder]

Please stand by for a reply later but I don't think you should mark the judgement as paid yet.

I think you need to write to Jonathan hall and ask him what is happening about the rest of the claim.

Did you send him a copy of the particulars?

We will Draft a letter later

[BankFodder]

I can't remember if you sent them a subject access request

[shellyh24]

Yes he has had a copy of the particulars.

And yes I did send Startline a SAR request by post 

[BankFodder]

Thank you. What date did you send the SAR?

[shellyh24]

It was posted on the 26th January 

[Nicky Boy]

So, nearly out of time to reply...

They just don't like following the rules, do they?

[shellyh24]

They will probably say they didnt receive it knowing them... funny how they dont seem to receive documents or acknowledge them at all unless it suits them. 
I have a letter today saying if i do not pay the outstanding balance they will repossess the car... ok good, i havent seen it for 2 months myself so im happy for you to have it back lol 

[Nicky Boy]

Did you get your proof of posting? And keep it safe?

[shellyh24]

Proof that is was posted yes, but wasnt sent recorded so technically there is no proof they ever received it

[BankFodder]

That's fine. Proof of posting is great. Can you tell us what form the proof takes.

[shellyh24]

Its just a receipt from the post office

[BankFodder]

Perfect. And am assuming that you have got a copy of the letter the sent.

You sent it on 26 January which means that the 30 days are up on Jan 26.  Jan 27 they are in breach so we will draft a letted for sending Jan 27