Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #41
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    Yeah its definitely Default notices,
    it changes to notice of sums arrears starting 27/10/2011
    and send nearly every 6 months to the incorrect address.

    I have the notes of the account which appear like a computer account log of their notes and attempts at contact, mail sent, contact be me, etc.

    You want this all scanned up?
    May take a while to redact, etc.


  2. #42
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    they cant serve multiple default notices only ONE.

    unless the previous one[s] whereby you rectified what the default notice stated within the stated time, then yes that one gets nulled
    and if you have issues again you get a new one.

    yes scan it all up to PDFicon [ONE MULTIPAGE DOCUMENT

    if you READ the uploadicon guide
    it tells you how to easily do it.

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  3. #43
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    Default

    Hi

    Apologies but took a while to scan to redact, there is a lot there but most are duplicates of defaults and sums of arrears. Have split the uploads to keep the file sizes down.

    Things missing from the SARicon that I thought I would see, if it makes any difference at all?

    1) No copies of Seizure Notices, although does say sent in the notes
    2) Notes show auction price of vehicle but no receipt
    3) No notice of assignment, is TFC meant to send this?

    Anyway, please let me know your thoughts.

    Many thanks, appreciate any advice

    Additional items due to file limit

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  4. #44
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    I can see why they issued so many default notices
    they did it for a late payment and then you made it so that nulled the DN as you paid by the date it was needed


    still reading


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  5. #45
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    Yeah, tough times back then....

    Appreciate your time


  6. #46
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    Hey

    I know its only been a few days
    but wondered if you have any suggestions on how to proceed?


    It looks to me that TFC had relevant paperwork so not much I can do there unless there is any suggestions otherwise?

    Still nothing back from DCAicon regarding CCA Requesticon as yet


  7. #47
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    Takes a longtime to go through 60 pages
    still reading

    Unless/ until Cabot provide the s77 request

    do nothing

    then Formal Complaint time
    for the charges ,lack of sale details,
    interest rebate etc etc

    Get the account into dispute

    and stall cabots progress


  8. #48
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    Hey

    Been a while since I've updated.

    Cabot have still not responded to the CCA so will continue to do nothing until they do.

    Cheers


  9. #49
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    that's wasn't surprising.

    I'm pretty sure you can go after ACF for a voided agreement here and get all your money back & financial worth of the car at the time...

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  10. #50
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    That sounds promising....

    On what terms? What have I missed?


  11. #51
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    read post 23

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  12. #52
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    Looked over #23, since this is a BOSicon linked to credit agreement not much I can do around the first point.
    Only other thing I can see is to validate the BOSicon with the court?


  13. #53
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    you indicate in earlier posts the BOSicon WAS registered with the court within 7 fays?

    now i'm not too sure there WAS a valid DN ?

    in existence??


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  14. #54
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    As far as I can see

    BOSicon valid
    DN valid

    If Cabot do obtain agreement

    Formal Complaint will be the way forward


  15. #55
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    Yeah

    After what DX said I was looking through what constitutes a valid DN and couldn't find anything wrong to be fair. Other than information sheets missing which I left out of the scans to save time.

    Other than the charges I don't think there is anything else I can complain about? Fingers crossed now hoping the CCA never appears....


  16. #56
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    Bills of Sale are notoriously difficult to get right. The TFC version has a huge defect which is a consequence I think of how they were set up with ACF providing the car and it does not sit well at all with the legislation or case law. It would need litigation to resolve whether it invalidates the BOSicon.

    I do often notice people claiming that BOSicon filed with Court out-of-time invalidates it. The later BOS Act allows for out-of-time filing and specifically states that if it is accepted by the Court then it is valid. These claims are bound to fail if the BOS was registered and accepted by the Court.

    Easier claims relate to the BOS not being in the correct form and not being properly signed and independently witnessed.


  17. #57
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    They don't have to be Ind witnessed

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  18. #58
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    Default Re: ACF/The Funding Corp - illegal? repo- now cabot Chasing HP shortfall

    Oh, they do. Although confusion over who counts as independent. Case law says employee of company can witness in their own personal capacity. Advice I used to give was (i) salesman on the deal is likely NOT independent even if signing in own capacity; and (ii) if employee needs to witness make sure they give their home address and not business address to reinforce independence. As usual with BOSicon it is clouded with uncertainty. If (i) or (ii) are breached then BOSicon may be invalid. Probably would win at fosicon if that was pleaded.



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