Giraffegirl13
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Just had a call from close brothers. they're happy to take the car away but still want to charge me the outstanding finance (about £7000!). they said I need to "voluntarily surrender" the asset and they'll "sell" it and take that off the remaining finance. I am refusing to accept this and want the contract cancelled as per the court case! any advice?
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"By an HP agreement on 30/4/22 with the defendant I bought a car – Kia Sorento, for £7700. Within In the first 5 months the car demonstrated defects and is not of satisfactory quality. Claimant was informed by the supplier that it was her own responsibility. Being unaware of her rights, she had certain repairs carried out at her own cost. The vehicle is presently undrivable and is on her premises. The supplier of the car and defendant have both been fully informed and have declined to act refused to take any action. Claimant seeks full reimbursement of purchase price, repair costs & incurred expenses - £5470.53. Defendant has been notified of storage cost."
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This is all from MCOL: "Claim History Your claim was issued on 19/12/2022 You submitted a judgment against Close Brothers on 10/01/2023 at 14:22:16 Your judgment against Close Brothers was issued on 11/01/2023 at 19:09:04" Warrant - Guidance Step 1 of 8 Each step is completed by clicking 'Next' at the bottom of the page, which automatically confirms and saves the information you have entered. Any error messages displayed at the top of a page must be corrected before moving on to the next step. Before you can complete your warrant request: you must have a valid judgment against the defendant(s), either in default or by admission and the defendant(s) must be in default of the judgment order, ie failed to pay the amount ordered or be in arrears with an instalment order The minimum amount you can issue a warrant for is £50, or one monthly instalment, whichever is the greater amount. The maximum amount you can issue a warrant for is £5000 (including costs), unless you are enforcing an agreement made under the Consumer Credit Act 1974 in which case you may issue a warrant for up to the claim amount. If the Judgment is for over £5000 and payable forthwith or in full by a certain date, you cannot request a warrant unless it relates to the Consumer Credit Act 1974, in which case you may issue a warrant for up to the claim amount. If the judgment is payable by instalments of less than £5000 you can issue a warrant provided the defendant has defaulted on the instalments. The amount of the warrant must be at least one instalment but can be anything up to £5000.00 unless it relates to the Consumer Credit Act 1974, in which case you may issue a warrant for up to the claim amount. The fee to issue a warrant is £83. The warrant will be sent for execution to the court covering the address you gave for the defendant.
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