Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default THe Funding Corporation

    HI there, I have a very long battle and story which I won't go into major depth, but on 16th June 2008 I got bullied into taking out finance on a car through ACF, signed the CCA and BOSicon, The sales advisor said that if I didn't want the car after 7 days I could return the car no questions asked etc, the next day 17th June 2008 phoned ACF to take the car back and got told that the adivisor (Steve) whom sold me the car has never worked there, Funny ( I said) but his name is on the Agreements, They hung up, So I then Phone TFC to cancel the agreement to which they said that I could not cancel the Agreement, Now when I requested all the information from TFC which includes the phone conversation I had with them about cancelling the agreement on the 17th June 2008 they hadn't signed the Agreement until the 18th June 2008, now after doing a bit of research under Section 57 of the Consumer Credit Act 1974 it clearly states that until the agreeement is executed by BOTH parties, a debtor may withdraw from the prospective regulated agreement. This I feel is an unfair relationship arising from TFC therefore making the CCA unenforceable.
    I paid the monthly payments 'under protest' until work dropped and could not afford the repayemts, to which TFC repossed the Car.
    Because of the above I feel that the agreeement should have been cancelled when I requested under S57 of the Consumer Credit Act 1974.
    Can someone advise me with this so that I know what sort of battle I will have on my hands.

    Regards

    Johnny


  2. #2
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    Default re: THe Funding Corporation

    As A Rule These Micky Mouse Car Outfits Get You To Sign On Trade Prem So There Is No Cooling Off Rights

    That Is Correct But Before That Becomes Binding, The Agreement Needs To Be Signed Off By An Underwriter.

    Normall Up To A Week After You Signed The Agreement. You Did Sign On Trade Orem Or Was It On Line.

    You Need The Computer Screen Shots Which Will List Your Conversation

    Have You Sent An SARicon To Tfc AND ACF

    Chin Up

    Ive Delt With Quite A Few Of These


  3. #3
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    Default re: THe Funding Corporation

    Hi Postg,

    Yes I have all the info back from the SARicon and it has the 'screen shot' of the conversation on the information sent to me from TFC.
    The agreement was signed on trade premises, but I feel that I have have been improperly held to this agreement.
    I have had a battle with them since I took the car back in June 2008 and although I have had some sucess with them backing off, TFC are still lingering there in the background and I just want closure to this.

    regards

    Johnny


  4. #4
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    Default re: THe Funding Corporation

    Does The Computer Screen Shot Of The Conversation Say You Are Returning The Car And Wish To Cancel The Agreement

    Does It List The Reply, You Cant Cancel


  5. #5
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    Default re: THe Funding Corporation

    I will type out what is on the information that they recorded.

    'CCI wanted to canx agreement due to affordablility, advise unable to canx.' (17th June 2008))

    The above is the exact wording from their records which they sent to me.


  6. #6
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    Default re: THe Funding Corporation

    SO from the above content what can be recommended?


  7. #7
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    Default Re: THe Funding Corporation

    Can You Upload The Screen Shots So I Can Have A Nose, The Bits About Returning The Vehicle
    Upload The Agreement Also
    Deleate Personal Details But Leave In The Figures

    Google Photo Bucket To Post

    use The Upload Link For Message Boards With Thumbnails Option To Post


  8. #8
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    Default Re: THe Funding Corporation

    HI there thanks for that, Ok this is as far as I have got with TFC, Wrote to them with a proposal stating that 'you would not allow me to cancel the Credit Agreement whilst the agreement had NOT been executed therefore I was still within my rights to cancel the Agreement and that you have have withheld my rights by doing so. So I asked for the agreement to be withdrawn as previously requested and that al adverse credits to be removed from my fie.

    Got a reply today from TFC which stated that it was signed on trade premises and that it was uncancelabe.

    Yes it was signed on trade premises but it was NOT executed for a further 2 days and I tried to withdraw from this on day 1.

    Well I am now thinking about taking them to court.
    Postg - don't now how to put stuff up on here so can't follow your previous request.
    But any suggestions on how I shoud approach this woud be greatly appreciated.


  9. #9
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    Default Re: THe Funding Corporation

    Bump


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    Default Re: THe Funding Corporation

    Hi Jonny

    We Need To Send Them A 14 Day Letter Befor Action

    Standard Crap That Not Being Able To Cancel

    As Long As Its In Black And White


  11. #11
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    Default Re: THe Funding Corporation

    Ok am on to that now



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE