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    • Morning dx, Doc1.pdfStarted early to scan, the first 18 pages I have scanned which is covering letter and witness statement MK1.   Have a nice day. Regards  
    • We all saw this coming. The start of curbs on the Electoral Commission for daring to investigate Johnson's financing of the Downing Street flat refurb and Vote Leave's referendum spending.   https://www.independent.co.uk/news/uk/politics/electoral-commission-boris-johnson-flat-b1868407.html  
    • Here's Chris Grey's blog on Brexit for June, with thoughts on matters beyond the headlines and bluster.   Brexit & Beyond: Johnson and, um, integrity CHRISGREYBREXITBLOG.BLOGSPOT.COM In my previous post , I argued that I did not think that Joe Biden’s intervention, for all that it was reported to be diplomatically forcefu...  
    • thanks Dx. Yes I am having a look at other threads as well.  
    • You say that you had some communication with Blue Motor Finance. Did you do this on the telephone or in writing? You should read our customer services guide. It's extremely important. You should try to do everything in writing but if you have to do things on the telephone then you should make sure that you make detailed notes of your call and then confirm them in writing. So for instance if your discussion with Blue Motor Finance was on the phone, you should make a note of everything that was said – including the fact that they said that the matter would have to be investigated because the dealer was prepared to carry out repair – and you should send this to be motor Finance with a note confirming that this was the conversation they had with you. It is very important to develop a paper trail. Otherwise everything becomes deniable. The situation is that if a defect occurs within the first 30 days of ownership of the vehicle then you are entitled to reject the vehicle under the Consumer Rights Act. You have to assert this right by contacting the dealer – and in this case Blue Motor Finance – in writing and point out that you are asserting a right under the Consumer Rights Act 2015 and you are rejecting the vehicle. Tell them that you want arrangements to be made to give you a refund of all costs including any costs or interest which has been levied by the finance company. Be tough with the finance company. Don't act as if they are do you a favour. Make sure they understand that you are not in the mood to muck around and you won't wait very long either. Don't forget that in this case because you have purchased the vehicle through hire purchase, it is Blue Motor Finance which is the responsible party. That is going to be helpful because if you had had to deal only with Chobham, you would have had very serious difficulties. In addition to writing to Blue Motor Finance to assert your rights, I suggest that you send them a copy of the article from the daily mail which has been linked above and you can draw their attention in your letter to the fact that this is the company that they are dealing with. You can send these messages to Blue Motor Finance by email. You should do this urgently. This weekend. You should also tell Blue Motor Finance that you have now taken advice and that you now understand that their initial statement that the matter needed investigation and that the dealer was going to carry out repair, is unacceptable and actually unlawful and contrary to the short-term right to reject contained in the Consumer Rights Act. Tell Blue Motor Finance that if they will not cooperate immediately in returning all of your money and cancelling the finance agreement that you will consider legal action against them for breach of contract and also for treating you unfairly country to their statutory duty under regulations developed by the Financial Conduct Authority. You should stop driving the car immediately. How far away from you is the dealer? Frankly you want to get rid of the car as quickly as possible. If you had not had finance in place then we would have cautioned you about this because you could end up losing possession of the car and also not having your refund. However, as you are dealing with a regulated finance company, and of course as the money has been loaned to you and you have not paid a great deal of it back it, your best interests would be in getting rid of the car so that it is no longer your responsibility to maintain, to insure or to generally worry about.   In addition to the hire purchase loan, did you pay anything on deposit? How did you pay? Did you pay by cash or by debit card or credit card? If you're confident then you should drive the car carefully to the dealer and leave it with them on their forecourt. Do not leave in the streets. You should photograph the car inside and out so that there is no argument later on as to the condition of the car when you returned it. If you are worried about driving the car then you should tell Blue Motor Finance that you want them to make immediate arrangements for the removal of the vehicle. Tell them that you are giving them seven days to organise this at the end of which you will charge in storage at £10 per day. This is assuming that you are keeping the vehicle on your own property and not on the road. As soon as you have got rid of the car, you should take immediate steps to inform the authorities that you are not the owner of the vehicle. Make sure that when you return the car it is returned with all its paperwork but you should use whatever portion of the V5 is necessary to transfer ownership away from you. Take copies of all the documentation before you hand them back. If you fail to do this and if the dealer does not change the ownership – then you are at risk of some other person driving it in your name and incurring penalties for road traffic offences or parking offences. That will then give you more complicated problems to deal with as you have to try and convince people that you are not the owner and not the driver of the car at the time. You should calculate exactly what this whole thing has cost you. This means all of your out-of-pocket expenses including the cost of going to see the car, going to fetch it, driving it back, any expense of insuring it or anything else because later on we will help you claim all of this back. Of course you will claim all expenses and fees et cetera associated with the finance agreement. As a matter of interest, how recent is the MOT on this vehicle? Who MOT'd it?  
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Hi, i have been checking in and out recently just to see how ppl are doing against the Yorkshire Bank. I have got roughly, from what i read, about 3/4's of the way through my claim. I have filled in my OLMC and had a response of acknowledgement of intent to defend from the Clydesdale bank, i am now struggling to work out what to expect next, they have 28 days to provide a defence, i am seeking advise as to 1- what to expect and 2- how to respond? any help would be appreciated.

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Hi Mickc4 the bank will send you a copy of their defence, probably at the last minute. In mine it states they dont know my account number or sort code even though I had informed them and had letters from them with account number on before. I just replied with information they wanted but stated they already had my details. Seems to be standard letter cos a few people on here have recieved the same. They will also send copy of defence to the court. Then you should hear from the court a few weeks after that. Hope this helps.

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Hi, I am aslo fairly new to the site, I have claimed on mcol and just had a letter saying the case is bieng transfered to my town, and enclosed was a copy of defence.I also got one from the bankprevious to that. From what I can understand on the site, we send 2 copies to the court and they send it to the bank. There is a link on here to tell you what to do, I will look and get back to you.

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I am waiting for a court date and further instructions from the court as to what to send. try looking at FAQs on here and other threads. by the way its 3 copies of everything 1 for yourself and 2 for court. dont worry someone on here will help you. just wait till you recieve the defence.

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the defence i got is mainly that charges are correct according to terms and conditions but watch news today, yorkshire bank are disclosing actual costs of charges in court probably february, only saw last bit so will be watching later. one of mods said to carry on taking them to court

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  • 3 weeks later...

Hi Mickc4

Just an update, got a court date for 26 October so starting to prepare my bundle.Lots of ink and paper,got to send one to court 1 to bank and 1 for myself.Got quite a bit done and getting ideas of what to send from the site threads. I have recievved the usual letter from the bank saying they have reopened my case and are looking at it again. Wont hold my breath.

icon12.gif

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  • 2 weeks later...

good luck, i am hearing some negative things about this latest court case, i'm beginning to give up hope of ever getting to the end.

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hang in there it is a long process but you are nearing the touch line my court date is on 7th sept an started the process back in oct/nov last year claim was filed at court 29th march but it will be worth the wait to get our cash back i posted a list on my thread of what i put in my bundle so when you start preparing yours hope it helps i found that reading up an saving stuff for my bundle made me feel as if i was doing something as the time it takes to go through it all mashed my head good luck an you are so close now

 

all the best jeanette

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  • 2 weeks later...

Hi, just checked my OLMC and the 28 days they had to submit their defence has expired and i have filed for judjement by default giving them 14 days to pay the full amount, is this something you did as well i.e. part of the process or have they slipped up and missed the date?

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Hi,

looks like they missed the date but I have read on here that the courts allow them a few days grace, but hopefully they wont and you will get your money. I have got a letter from bank saying they are applying for a stay till after the test case, so I may have long wait

alex

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was wondering if they might use the postal strikes as an excuse, i have reeived absolutely nothing from the courts or the bank so fingers crossed.

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Hi Mickc4

 

Todaywas the deadline for bundles to be in court, I took mine in on Friday but havent recieved one from YB. I rang the court and they havent got one, told me to ring back on Thursdayin case they have been delayed cos of postal strike. Thought that was 2 weeks ago. Doesn't look like the bank had any intentions of sending their bundles, as they said in the last letter from them, they will be applying for a stay.I found a letter on here by Garyh to send the bank giving 7 days to complyso I think I will send it off to them.

alex

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Try ringing the court to see what they say.There are a few people on here who have the same letter I got about the stay's. Have you got no defence at all from them?

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Alex, i've received absolutly nothing so have gone for judgement by default via the OLMC, i got the copy from the courts sent to the bank, i have given them 14 days to pay in full. still no response a week later so hopefully??????

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Hi Mick,

Fingers crossed for you to get your money, if they havent put a stay on my claim I hope to get it struck out against YB.I am sure you will hear after the 14 days are up if not ring the court again.

keep us informed.

Alex

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  • 3 weeks later...

Hi all, just received a letter telling me the bank are to register a stay and admitting that the judgement by default i registered was uncontested due to an admin error and they are asking me to consent to the stay. how does it work coz i certainly do not consent to this?

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Having rang the court to find out where i stand, they advised that they(YB) hadn't as yet applied for the judgment to be set aside, asking their advice, which was not that helpful, i decided to issue a warrant yesterday 5-9-07 lets see what happens now.

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just gone home for lunch and found a copy of what the bank has sent to the court, asking for a stay on the grounds of an error in admin by them. i have already issued a warrant on the same day any ideas.

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