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

[Giraffegirl13]

In the default judgement I wrote purposefully that the contract is to be voided due to vehicle of unsatisfactory quality. That is in the judgment! No they have refused to pay (as per the litigation). And if they pay the refuse to allow me to open any more cases against them.

[Giraffegirl13]

That's what I did last year and it ended up in continuing issues and nothing being finished. The wording is above in the PDF I've attached.

All I care about is the contract being voided AS the judgement states, but CB solicitors are now arguing the toss and won't agree, and attempting to "litigate". Far as I'm concerned, I won the case, they have no leg to stand on. 

[Giraffegirl13]

I asked for help several times months ago and got no solid help or answers, which is why I had to branch out and help myself. I've come back as suggested on fb re the litigation. 

[Giraffegirl13]

I answered everything you asked, and put the PDF files.

I appreciate you (everyone) helping in your own time for free etc but do not appreciate being spoken to how I have been throughout this whole case, 

even the "help" was wrong for the first MCOL meaning this has been strung out.

If I get various questions and responses from different people not knowing what I should do, that's not helpful.

Thanks for your attempt to help, I don't think you can help me anymore.

[Giraffegirl13]

First Claim:

 

Claim Particulars

 

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 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.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31/10/2022 to 16/12/2022 on £5,470.53 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £10.00.

[Giraffegirl13]

Second most recent claim (currently being 'litigated' and argued about by CB)

Claim Particulars

 

As per claim number: xxxxx, vehicle (reg) has been found to be of unsatisfactory quality.

Considering the defendant has already refunded the deposit, repair costs (up to date of previous claim on 19/12/22) and finance for the first 6 months, 

the claimant is deeming this is conclusive evidence that the finance contract (Agreement Number: 47-803308) should be judged as null and void.

 

Consequently, the claimant is claiming ALL finance payments and any interest since the previous judgement date should also be fully refunded.

 

Additionally, as stated in earlier correspondence, a daily storage fee is being charged from the aforementioned judgement date. The claimant does not require the car to be removed, unless deemed necessary.

 

1480

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 28/03/2023 to 16/05/2023 on £2,381.25 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £10.00.

[Giraffegirl13]

This?

Document 18.pdf

[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'.

[Giraffegirl13]

£6300

[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.

[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...

[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.

[Giraffegirl13]

Will look into it asap thanks 

[Giraffegirl13]

If I VT they're gonna make me pay for all the repairs!

 

 

[Giraffegirl13]

"Good morning, 

Customers can voluntarily terminate their agreements in order to return an asset to a lender. Customers are liable up to the half paid amount on an agreement plus any wear and tear that that falls outside of the BVRLA standards ( BVRLA BVRLA Fair Wear & Tear).

If customers is less than half paid and have any liability following the inspect and collect of an asset, they are required to pay this to the finance company in full. If they are not able to do so, the liability will be transferred to a Debt Collection Agency in order for a payment plan to be put in place. 

A Voluntary Termination shows on the credit profile as an asset having been handed back. If there is unpaid liability this will show as an amount outstanding on the credit profile – it will be recorded on the Credit Profile as a Default for the amount unpaid."

No way is the dead car on my drive "normal" wear & tear?

[Giraffegirl13]

Have I got mixed up? I thought it was W&T acceptable and everything else I have to pay for?

Eg the fact it needs a whole new engine!?

[Giraffegirl13]

This is what I've been told & emailed:

 

Good afternoon,

Thank you for your recent email confirming you wish to proceed with voluntary termination of your finance agreement.

Your agreement has been transferred to our Asset Recovery Team who will manage your agreement throughout the termination process.

To confirm, you have not paid over 50% of your agreement and your agreement is in arrears of £360.50 for 2 missed payments. Therefore, your liability is £487.75 plus any excess damage deemed outside of fair wear and tear.

We’ve now shared your information with our vehicle inspection agent DMN who will be in contact within the next 5-10 working days to arrange an inspection.  Following the inspection a copy of the inspection report will be emailed to CBMF usually within 24 hours, who will then endeavour to contact you within 72hrs of receiving the report to discuss any damage/mileage costs.

Please follow the link below to access our fair wear and tear guides.

https://www.closemotorfinance.co.uk/customers/finance-explained/information-and-advice

Any excess damage above fair wear and tear will be chargeable.

Inspection Process;

• DMN will telephone and agree a suitable time/day for inspection 
• Place the vehicle documents V5, MOT/service history and the spare key (s) inside a sealed envelope and have them available for the inspection
• The DMN Driver will contact you prior to arrival 
• The driver will complete a vehicle inspection to confirm that the vehicle is in an acceptable condition and then take the vehicle to complete collection
• The driver will attempt to obtain a signature where possible – a doorstep photo will be taken in its absence.

Following this, we’ll then share your information with our vehicle collection agent Motor Auction Group who will be in contact within 5-10 working days to arrange collection of your vehicle, once collected the vehicle will then go into the next available auction and your agreement with CBMF will be terminated. Your credit profile will be updated, and where applicable, any outstanding liabilities will be transferred to our debt collection agency.

Collection Process;

• MAG will telephone and agree a suitable time/day for collection 
• Place the vehicle documents V5, MOT/service history and the spare key (s) inside a sealed envelope and have them available for the inspection
• The MAG Driver will telephone the customer an hour prior to arrival 
• The driver will then take the vehicle to complete collection 

You’ll be required to complete section V5C/3 (Yellow Section) of your logbook and return this to the DVLA.

[Giraffegirl13]

Ok - I'll sort this out asap and see what happens