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    • Hey everyone, I am hoping I can get some guidance with a car I recently purchased.   I have been looking around for a newer car and thought I would check out those internet car seller folks.   I found a car I liked and the description said it had all the things I wanted, so I paid the deposit, applied for finance, which I got, and opted for a PCP contract, paid my deposit and got my order confirmed. The car was delivered on Monday 1st June. First I must say that overall I am really very happy with the car, it is almost exactly what I wanted, I am delighted with the general condition, the way it drives and would not be too keen on letting it go if I have no need to do so.   So, the first thing, it was just under 700 miles over the quoted mileage, and I know that's not a lot. Still, that's not the point, the number is excessive, considering the place it came from is only about 200 miles from me. I have spoken to them about the mileage. They said it was a clerical error, which I do not believe, they have however agreed to refund me for 400 miles, which I decided to accept as I figured at least they have agreed to pay for just over half of the miles and did not want to be too unreasonable about it.   The second thing, and this is the one that is really the stumbling block. The cars headline said: 'FORD FIESTA HATCHBACK 1.0 EcoBoost 125 Titanium X Navigation 3dr'. Though the full advert is no longer visible, part of it still is, https://www.buyacar.co.uk/ford/fiesta/fiesta-hatchback/1-0-ecoboost-125-titanium-x-navigation-3dr-73955 and this is the car I bought.   So after checking it over upon delivery, and going around it with the delivery chap, all looked fine, and I decided a little drive was in order.   So off I went to put some fuel in, and while at the fuel station figured I would check out the sat-nav and this is where the problem is, there is no sat-nav. I checked the book, there is no slot for the navigation sd card, no button to turn on the nav, aka, no nav, none.   So I emailed them, and the response I got was: 'Thank you for your email, and I am sorry to hear you are not fully happy with your new purchase. This vehicle was not advertised with Sat Nav, so I am unsure where you feel you read the description you have provided?' ... ... 'In regards to the description of the vehicle, I have checked this on the order form, and the finance documents that were both sent to you and signed and the description of the vehicles reads as FORD FIESTA 1.0 TITANIUM X 3d 124 BHP hatchback.'   So I have pointed out the fact that there was not only a headline stating that the car was Navigation version but further, down the page, there was also a mention of it.   I also said to them, despite me signing said documents, I felt no need to recheck it because the wording navigation appeared several times in the advert which was enough for me to accept it was a version with navigation.   I also said, the order form nor the finance documents also make no mention of other stuff either like climate control, automatic folding mirrors, infact they do no mention any features, only that it is a FORD FIESTA 1.0 TITANIUM X 3d 124 BHP hatchback, so I have refused to accept this as an excuse and an attempt to lay the blame for this mistake at my feet. I honestly thought I was purchasing a car with sat-nav, based on the information provided by them.   I am awaiting a call from them but they have so far today failed to get in touch so figure I would use this waiting time to ask some of the more experienced members about their thoughts on where I stand with this.   Am I in a position for example to ask that they fit sat-nav? If they ask for the car back and put me in a position with no car again how does this work out? Am I flogging a dead horse?   Any advice please would be very much appreciate.   Thanks all.
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sandrock

can i dispute a ccj

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Have been paying for a CCJ from Howard Cohen & Co payable to the lewis group on behalf of CL Finance Ltd (FORMALLY KWIK FIT CARD)!! :confused:

 

Agreed an amount of 10.00 per month through the court papers, balance at the time of the CCJ was 1000.00

 

Now through reading all the different threads etc I have looked further into the original debt which was only 389.00

 

now where can I go from here do I send a SAR to CL Finance or apply to the court ? could do with some help here.

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If CL Finance was where your card was originally from - yes send your SAR there - may be worthwhile asking for the Credit Card Agreement too (costs a pound).

 

By getting the SAR info from the original lenders you should be able to see exactly what charges were made on your account prior to the default/ccj - Odds are there may have been charges for late payments/over limit fees etc..

 

It might be an idea to send SAR/CCA to the DCA company if one was involved (did they have the correct data to actually process the debt?)

 

I am hoping someone else comes along with a little more experience than me to help you - this is just what I would do to begin with - I am thinking you'll be able to see where any charges came from?


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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With so many companies involved, it may be necessary to sar all of them to

get to the bottom of who charged what, and whether they were justified in

making any charges at all. Before you do that you need to find out who actually owns the debt so that you can send tham a CCA request for the original agreement.

Without it, the debt is unenforceable, and with so many companies involved it may be difficult to locate. Read Barracads "Sticky" on template letters on the first page of the Debtors and Bailiffs page relating to the CCA request and take it from there.

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There is no point getting a CCA request to try and prove the debt unenforceable as a CCJ has alrerady been issued.

SAR the companies to establsih the charges and claim back in the normal way.


Consumer Health Forums - where you can discuss any health or relationship matters.

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thanks,

 

so basically I send out a SAR to all involved then, once I have all the info I can then apply to the Court for a reduction or an amendment to the balance using a N244 (or something simliar) ?

I have a similar ccj with all the same companies involved but through a Dorothy Perkins Store Card, Im Gonna be busy!! wish I had found this site before the ccj 's

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No - when you have the SAR - claim the charges in the normal way - prelim - LBA etc - it is up to you if you reduce the debt unless the creditor insists on offset.


Consumer Health Forums - where you can discuss any health or relationship matters.

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You can i nyour claim for charges ask for the CCJ to be set aside - but a little more tricky, although it has been done.


Consumer Health Forums - where you can discuss any health or relationship matters.

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If you have several accounts with the same company your SAR will cover more than one account - you just need to write the different account numbers on your SAR - so you'd still pay just 10 pounds - the SAR is asking for all the data the company you send it to has about your account/accounts

 

You need to spend time gather as much information as you can to see where these charges were applied etc.. - then you can plan your route to getting it back etc..

 

Good luck!!


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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thanks, will keep you posted,

sending out 10 sar and 9 cca this weekend on top of these, this site has given me the kick i need rather than just paying out money monthly

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Looking further into this CCJ, whilst waiting for any reply...... can I write to the court requesting for all documents relating to this CCJ, i have a copy from Howard Cohen of the case file (one page) but there has been a quarter of the page cut out.

 

if so can it be done online?

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UPDATE...

 

recieved letter from cl finance after me sending out request for reclaim of charges with interest, they have agreed the full amount and interest!!!!!!!

 

come on!!!!!!!!!! yesssssssssss!!!!:lol: :lol: :lol: :lol:

 

thankyou everyone!!

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