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Unsigned CCA with Funding Corp + PPI with YES car credit
Hi, 1st post but un-sure where to go on a couple of cases.
1st case is with The Funding Corporation (TFC) - Usual PPI scenario, so sent them a letter requesting full refund (recorded sent on 23/03/09).
I am yet to receive a responce, however I have looked up a few things and now I think the whole credit agreement is invalid. The question is, do I claim for everything or not?
I have the ORIGINAL customer copy of the CCA. Now I have signed it, twice, however it was not signed in my presence by the retailer on behalf of TFC, so it looks like section 61 (1) (a) of the CCA 1974 is breached.
However, instead of my vehicle retailer or TFC calling me and saying "hey we messed up, can you come down and re-do the paperwork" the paperwork was sent direct to TFC and they signed it and dated it 03/01/06.
This means I have a CCA unsigned by the retailer, but the scanned copy at TFC has a signature.
Where the date section is on the CCA, it states "Date of signature by The Funding Corporation [2] Limited and of this agreement"
So the date of the agreement has been entered as 03/01/2006, however as far as I am concerned the agreement started on the 31/12/05 as I was driving aroung in it, it was new years eve, and as a final straw, the V5 log book confirmed I was the keeper since 31/12/2005!
Where should I progress with this. Does anyone think I have a case, or am I just dreaming?
Also, I have a demands and needs stating:
PAYMENT PROTECTION - ACCIDENT AND SICKNESS
I have had the benifits of Accident and Sickness Cover explained to me and fully understand that I am responsible for maintaining my payments, even if my personal circumstances should change.
- Yes I wish to take protection
X No I do not require protection
- N/A
Yes you are seeing right, its confirmed and ticked that I do not require cover, yet was still sold, so I am not worried about that as should be able to claim that with no probs as now have hard paper evidence.
2nd case - PPI with Yes / DAF
Sent request for refund on 23/03/2009, and had the usual standard format letter back advising claim is unjustified and without merit e.t.c.
As policy and agreement taken on 26/10/04 it was before FSA so cannot go through fos.
I take it, I just write back a letter advising will go to court?