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    • Both. If you send an email then attached both documents to the email. Send exactly the same to the dealership and also to the finance company. I would suggest that you do it straightaway – tomorrow and then plan to return the car on Tuesday to give them a day to register what is going to happen. Send the letters by post together with copies of the evidence to the dealership and to the finance company. Then when you take the car in on Tuesday, take a paper copy of the letter and also copies of the evidence on paper and leave them with the car and the V5. I suggest that you use a voice recording app on your telephone and record all conversations. In other would switch it on as you go into the dealership. Keep it in a pocket where it can easily hear the conversations. Don't switch off until you leave so you have got a full recording of exactly everything that happened. Don't get into an argument that tell them that you are returning the car with the keys with the V5 with the letter with the evidence and you want your money back Tell them that you will be putting up on trust pilot and Google that you have been sold a car for £31,000 which is an MOT failure. Ask them where your old car is at the moment? If they say that they have sold it then tell them that you want to know how much they sold it for. Keep us updated
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    • I've been helping an oap friend for many years with various matters.  He hasn't paid council tax for years and owes £10k to one council.  He's no longer in the uk. And probably won't ever return, due to health issues.  The property is empty.  Letters are regularly sent from bailiffs threatening to take his possessions.  What happens to council tax if he dies?  Does the debt get taken out of probate?  Or what happens if the property gets sold soon-ish - must the arrears get paid as part of the sale?
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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FCA Automotive Services/Stoneacre Car Finance agreement claimform


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Posted (edited)

Having looked through the paperwork, I note they have sent 3 seperate LBCs.

Two are in the name of FCA Automotive (1st one issued 21 Jan 2020, 2nd one 21 Sept 2022) and the last one (issued 12 Sept 2023) is under CA Auto Finance UK Limited.

In the first one, they did send a copy of the default notice, but this was not sent with the 2nd LBC and neither was it sent with the last one either. . 

A quick look at the default notice and I see it states the agreement start date was not the same day as the original agreement was signed. It's a day different but do not know if that makes any difference.

Also, I note we received a letter on the 16 Nov 2023 which states of a 14 day notice of intention to issue claim form. Heard nothing since that, until this court claim arrived. 

UPDATE

I went rooting through an old box of paperwork I have and I've found the original Default Notice. It is dated **/**/201*, however.. The copy of the Default Notice that they sent with the LBC has a completely different date on it 😮

Can they issue 2 default notices for the same debt? Where they have changed the date on the copy, they have also changed the amount owed through failed payments and how much is required to be paid by a certain date.

In addition, they sent (with the 1st LBC) a copy of the termination of the agreement, which I cannot find the original.

However, the termination date is 3 days after the date given on the (doctored) Default Notice, by which monies are to be paid by.

So, they gave until the 'x' date to pay the arrears, then terminated the agreement 3 days later. I bet a dollar to a dime they've doctored the termination date also.

Edited by WantJustice
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16 hours ago, WantJustice said:

What was the date of your last payment? Feb 28 2018

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

Do you still have a copy of the Default Notice ?

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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ok are we going to keep teeth pulling or are you going to scan them up please?

read upload carefully

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to FCA Automotive Services/Stoneacre Car Finance agreement claimform

the first dn was void as it only gave 14 days not accounting for postage time so you didnt get it with 14 days remaining hence the 2019 one.

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
defend all
leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website
..
get a CCA Request running to the claimant
.
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
..
Leave the £1 PO unsigned and uncrossed
.
get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt] 
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


there is not harm in filing our DN late SB defence now too.


alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment
.
1 The Claimant's claim was issued on dd/mm/yyyy.

 2.The date last payment made was the dd/mm/yyyy 

 3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which 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.

 4.Therefore the Defendant contends 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 true cause of action for breach accrued for the benefit of the Claimant.

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You say the default is still showing on your credit files which would signify that the second DN was registered therefore the debt can't be statute barred....legally.

However the second DN materialised with the LBC and was never served on you in 2019?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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I'm very confused if I'm honest, the more I actually look into it.

On the (court) Claim form it states the loan was terminated 7 Feb (2019) yet on Equifax it states the loan was defaulted on 26th Feb (2019). But the 2nd default was actually dated 30th Jan (2019)

The last time I sent CCA request they didn't send all the docs I asked for and the Ts & Cs they did send (which they said were the actual Ts and Cs for the loan) are different from the original Ts and Cs...surely that can't be right.

Also, they never answered or dealt with my irresponsible lending complaint.

Anyway, I'll get on with doing what dx100 has advised,

Appreciate all the help.

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Don't submit a defence just yet until I have chance to look at this in detail.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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On 05/12/2023 at 19:01, WantJustice said:

Yes I do, that's why I realised what the Ts & Cs they sent me differed to what I have (bearing in mind they told me what they sent were the original Ts & Cs)

Purchased 2015

Not moved, no.

Stopped paying because simply could not afford it. 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not forgetting additional confusion about it changing from FCA Automotive Services UK Limited to CA Auto Finance UK Limited without ever being informed.

OK, all done as requested. Defence left blank for now.

Just one small question in relation to the CPR31:14....

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

and it says * delete if not mentioned in the Particulars of claim.

I'm not  sure if I ask for everything or nothing as I can't see any of the list mentioned in the POCs

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Yes they have steered clear of referring to a default notice or breach of the agreement.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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defence not due till/by 4pm 3rd june.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

When you get chance please upload a redacted copy of the agreement and also this termination notice included within the LBC.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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 Had a previous car loan with this lot. Included in the amount (prior to added interest) on this agreement, is the outstanding balance from the previous loan. This outstanding balance had already been subject to hefty interest on the 1st loan, yet on this agreement they added interest to it again!

Also, where it states that the particular Ts and Cs (ref # removed) form part of the agreement, the Ts and Cs they've sent, which they say are part of the agreement, but they are not- they have a different reference number to the Ts and Cs which form part of the (original) agreement.

agreeandterm.pdf

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What was the agreement start date you have obscured on the Termination Notice ?

How much was added from the previous loan ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Posted (edited)

Agreement start date 27/11/15

Amount added from previous loan (before interest was, again, added to it) was, £3441.62

Edited by WantJustice
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correct thats all they are duty bound to supply.

what else were you expecting it to provide?

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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