WWW.MOUNTBATTENCARSALES.CO.UK/Close Brothers - Faulty car

[dx100uk]

it is NOT A CONTRACT its an HP AGREEMENT. thats the issue everyone keeps making a mistake on. inc the OP by not specifically stating that they wanted it cancelled under either claim.

Close aren't stupid, they saw this mistake a mile away , twice now, and most certainly wont give up their chance of earning money out of it.

dx

[FTMDave]

Understood dx.

[theoldrouge]

Firstly the matter could have been settled byVT as advised at a profit
Second the initial judgment is purely a money judgment nothing more 
The wording of the POC of the second claim is so poor that CB could take it apart 
The agreement is not void
No reference has even been made to CCA1974
 

Feb 21
”IMO you are inviting open ended risk by not VTing the agreementwhilst you are still able to do so”

Edited July 16, 2023 by theoldrouge

[honeybee13]

I've had to hide your post because you've left your name on the pdf files, plus the claim number. Please could you redact them and repost?

HB

[FTMDave]

Also they are requests for judgement, not what the court actually ordered.  We need to see the actual judgements.

[Giraffegirl13]

This?

Document 18.pdf

[dx100uk]

thats better.

you only went for 2 money judgements, not specifically stating you also wanted the associated HP agreement voided, close let them go thru as they know they still have an active HP agreement to get you over.

[FTMDave]

dx is spot on.

You are using MCOL: MoneyClaim On-Line.  Therefore you are getting only monetary judgements.  No human is ever looking at the claims as they go through by default.  The matter of the HP Agreement is never dealt with.

Can you answer the maths question please?

When the second judgment is paid in the up column you'll have £8710.

On the down column there are £570 court costs plus any other costs plus the remaining HP agreement payments.  How much is this figure?

[theoldrouge]

In addition to the above has the agreement been defaulted and terminated?

[Giraffegirl13]

Total owed by CB from both claims: £8711.78. (£6,075.53 paid so far, first claim).

NOTHING has been paid or agreed with second claim, the one I am currently fighting and they have solicitors 'litigating'.

[FTMDave]

How much do you have left to pay on the HP agreement?

[Giraffegirl13]

£6300

[FTMDave]

So if the other side pay the second judgement, which they've offered to do, and which in any case they have to do 'cos the court has ordered them to, you get £8,710.

You'd have to shelve out £6,300, add to that your £570 court costs, plus £1150 repairs carried out so £8,020.

Surely that's you up on the deal?

You get the rubbish car "de facto" for free and a few quid more.

Or is there something I'm missing?

If you VT the rubbish car like theoldrogue suggested that would bring in a little more cash in your favour.

[theoldrouge]

If the agreement has not been defaulted and terminated, it beggars belief that you don’t get on and VT the agreement 
You will be in profit 
And rid of the car 
Going to a solicitor to take on your case will soon put you in an unquantifiable loss situation 

[Giraffegirl13]

I don't think you understand how much I spent on this car, I wouldn't even break even if I VT, let alone "profit"!

At least half of the money of what I spent on the car to begin with, before the first case. So I have barely £3000 back in my name. I do not have the funds to VT.

If I VT, they would take the car and make me pay the £6000.

[theoldrouge]

Have you researched VT
Where do you get the figure of £6000 from???

[dx100uk]

6 minutes ago, Giraffegirl13 said:

If I VT, they would take the car and make me pay the £6000.

nope 

[theoldrouge]

PLEASE just answer the following three questions 

1)Has the agreement been defaulted and terminated?
2)What is the TOTAL of the agreement?
(exact figure please from your agreement)
3)How much INCLUDING the deposit have you paid? (EXACT figure please)
 

don’t complicate matters just answer the above three questions 

Edited July 20, 2023 by theoldrouge
Additional words

[Giraffegirl13]

1) No. CB has got solicitors involced to litigate.

2) Total agreement: £11662. Total agreement left: £6318.75. If paid now: £6083.17.

3) Total paid (inc all repairs in the last year): £6171.78. (Not inc any extras like hire car etc when car out of order).

Incidentally, just noticed in my bank CB have just paid me the second MCOL payment I am owed...

[dx100uk]

answer point 1 properly please..

they cant litigate without defaulting or termination. have you had a default notice under section 87 of the CCA or a termination notice? what are they litigating for...return of goods + monetary some? if you have this in written format scan the letter up please.

forget the repairs you have paid for. that is NOTHING to do with payments made against the agreement payments . we ONLY need that total.

so as asked simply answer the questions....

dx

 

[theoldrouge]

God nothings ever simple on this thread 
 

However let’s try and work with what we have got
Total agreement £11662
You have paid towards agreement £5344
(11662-6318)
50%of agreement £5831
So amount to complete VT and end problems 
 

£487!!!!!!!  

 

So all we need to do is for you to answer point no1 as @dx100ukhas requested in order to see if your agreement is still eligible for VT
 

 

[Giraffegirl13]

Sorry I'm confused where the £487 comes from? 
I'll just work out the answers again for you.

[Giraffegirl13]

1) No.

3) Total paid MINUS repairs: £5023.68. So this is total £2500 deposit plus all finance paid so far.

[dx100uk]

when you Voluntary Terminate an HP agreement you only have to pay 50% and hand the car back.

so:

you total HP agreement was for £11662
50% of that is £5831

You have paid towards the agreement £5344

so £5831 -  £5344 = £487 (all you would owe and you might not owe that as the car MUST be worth more at auction sale than £487 to close bros )

but we need to be 1000% sure they have not issued a default notice nor a termination notice.

1st mentioned back in feb this year to do it.

dx

 

 

[dx100uk]

aha i though your figure inc your repair cost so let revise my last post...

when you Voluntary Terminate an HP agreement you only have to pay 50% and hand the car back.

so:

you total HP agreement was for £11662
50% of that is £5831

You have paid towards the agreement £5023.68

so £5831 -  £5023.68 = £808 (all you would owe and you might not owe that as the car MUST be worth more at auction sale than £808 to close bros )

but we need to be 1000% sure they have not issued a default notice nor a termination notice.

1st mentioned back in feb this year to do it