Hi All I bought a new Audi A5 under a HP agreement in 2012, the final lumps sum payment is due in March 2016. I have just discovered my engine IS affected by the VW emissions cheat device. As I understand it, the finance company is liable as well as VW, will be quicker and easier to deal with the finance company than join a class action against VW Under the CCA 1974, can I claim against my HP finance company on the grounds that: 1. The vehicle was not as described (i.e. emissions etc. not as quoted) 2. the vehicle is not fit for purpose (emissions cheat device fitted (knowingly) and Mileage, emissions, fuel consumption not as quoted) Is there any template for this type of letter? Any advice would be most welcome as a £10K final payment is due soon, thanks John

Hi all I am afraid i will no longer be attending the pub party in Cambridge on 13th July. Barclays have just made me a full settlement offer!!!!!!!! so you guys might want to nudge a bit yourselves

Well recieved written offer of full settlement yesterday!!!! money not in account yet, when it is i will contact court and cancel BTW court date was 13 July

Hi guys I got the same thing, no AQ just this pre trial review at Cambs County court 13 July @ 3:15 PM. i am debating if i should push for an AQ etc to get this moving, i think if all of us were to do the same thing it might help sway the judge???? BTW i am fighting Woolwich / Barclays

OK Totally cnfused now i need some advice on what happens next??? A defense was filled and got the pack in the post. First page states that: "It is ordered that the filling of an allocation questionaire be dispensed with in this case unless the district judge at he court of transfers orders otherwise" Is this good or bad??????? then i got a letter that a pre trial review will take place at my local court 13 July, what is this???? and what do i need to bring etc etc?

Woolwich entered a defense yesterday 1 day after the 28 day deadline, MCOL was not working properly so i could not get in my judgement by default but i think the defense would have been accepted either way. guess i am waiting on paperwork frm the court now?

The woolwich acknowledged my claim today (on the 14 day dead line) so it looks like they have another 14 days to enter a defence? What happens next? will i now recieve a questionaire from the court? or will this not happen until an actual defence is entered, which i guess will be on deadline day again? the last cliam didnt get this far!!!

It just gets more comical! i just checked my woolwich account (out of habit) I set up a new account last month, so dont use woolwich at all, yet they have paid out £225 to someone today, taking me over my overdraft limit!!! Called to ask what it was, they cannot tell me until tomorrow!!!!!!! I asked how it could possiblly go out at all, since there are no DD's, standing orders or cheqes on the account????? The operator confirmed it as not a debit card transaction, (i knew this already, as the card is not used) How can a bank just pay out funds without any authorization or evening being able to tell me where the money has gone?????

I filed my claim against woolwih at their corprate headquarters, bexleyheath address below The Woolwich Watling Street, Bexleyheath, Kent DA6 7RR MCOL recognised this address as well

Can anyone answer my last please?

Got another reply from woolwich/barclays today. Thanks for letter blah blah blah, but after careful consideration they are unble to agree to my request. the next line cracked me up "Should you now wish to accept our offer, please sign and return the acceptance form enclosed. However, if you do no wish to accept this offer and you now intend to start legal proceedings it would appear are unable to reach an amicile resolution" still pushing the offer..........should i wish to start legal proceedings.......... To late started yesterday, 13 days for them to respond, they now will have to cough up court costs plus interest. Should i reply again to this latest letter to reject this offer and inform them of proceedings etc, or should i just wait as they will find out soon enough anyway????

yes that letter is fine. if you look at my thread i have posted both refusal letters i sent. Hope it helps

I posted this one first: Response to settlement offer. Dear Ms XXXXXX Thank you for your letter dated 19/02/07 Ref # XXXXXXXXX. I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £795.00 I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. My Letter Before Action dated 14/02/07 indicates that you have until 01/03/07 to respond before I commence legal action. My deadline remains the same despite this offer. If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall commence legal action on the date stated above. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter. I trust this clarifies my position. Yours faithfully Then they upped their offer by £90 so i sent this one: Response to settlement offer. Dear Ms XXXXXX, Thank you for your letter dated 22/02/07 Ref # XXXXXX. I notice that you have increased your settlement offer from £300 to £390. Perhaps I did not make myself clear in my previous 3 letters. I require all unlawful charges to be returned to me, the amount totals £795.00. I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £795.00 I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. My Letter Before Action dated 14/02/07 indicates that you have until 01/03/07 to respond before I commence legal action. My deadline remains the same despite this second offer. If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall commence legal action on the date stated above. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter. I trust this finally clarifies my position. Yours faithfully I have not had any reply since the second refusal letter so filed MCOL today, it will be issued tomorrow, i expect i will have to wait till court date now before anything else happens

OK MCOL Requested today. Fee Paid, should be issed tomorrow. I have written my letter to the court and included a schedule of charges plus interest, to be attached to my claim. I cannot remember, do I need to send another schedule to the bank? or do i just wait until i hear back from the courts etc?

Hi all Been through the proces last year and woolwich settled in full, but then over the past 6 months they have nailed me for more charges to the tune of £795!!! so sent the request letter, sent the LBA.........they offered 1/2 in settlement Refused the offer.....the next day, they upper their offer by another £100 (still way short!) But at least they ar quicker to reply than in my previous claim! Refused this offer today, pointed out that LBA date is 1 march, andi will file on this date if full settlement is not recieved. Will let you know how this pans out!