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    • Hello,

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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The Funding Corporation


toneighty170
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My issue with the Funding Corporation

 

The issue goes over a year ago whereby I missed some payments. Ok hands up that was my fault but they whacked on a number of charges on my account. £30 hear £40 there. I paid them

 

A few months after this I changed my bank account to which they failed to up date my Direct Debit details. You guessed it, they whacked more charges on my account. They did take the charges off but I was behind in my payments now for about £112 but seeing that I have paid more than that in charges, which we all know are very suspect legally, that I will not pay this money as I have paid them via earlier charges they placed on my account.

 

Over a period of about ten months they bombarded me with telephone calls to my mobile and to my work. This amounted to a prediction of about 800 telephone calls. They sent hundred of letters just because of this £112. I did not answer the phone, they just left messages on my answer phone. I sent them letters and emailed them about my dispute. For the first six months of this year they added a further £600 worth of charges on my account.

 

After I did some research in about March of this year I realised that they were breaking the Administration of Justice Act 1970 through harassment. I got them to stop calling my work but they continued to call my mobile. On some days they were calling me up to eight times a day. Either by an employee or one of these automated dialler/messengers.

 

I decided to email them every time they rang my telephone number and threatened them with informing the OFT/FSA and ask the courts for compensation due to harassment. Eventually I got one of their managers to respond. They agreed that they will take off the £600 of charges but they would not refund the charges I have already paid for. They said that they will change my Direct debit date so in effect it will be two weeks earlier and that will offset the £112. I refused this offer. I wanted the refund of previous charges. I then was passed to a complaints advisor who repeated the offer. Again I refused.

 

I sent off £10 to them so that I can have all of my information that they hold on me. I wanted the exact amount of times they contacted me in the past year. They sent me a fair bit of paperwork but they covered up their telephone calls and letter amounts. They did not take into account all of the automated dailler/messenger contacts. They stated that they have contacted me 310 times in two years (they stated two years as it sounds better for them). Enclosed with the information they sent was the same offer but they will change my payment date to a later date. In effect it was 6 weeks later then it should be. The previous two payments I refused to pay anymore until they sorted this issue out. I still would not get a refund on last years charges but at least it closes the issue.

 

I agreed with this as it did cost them a lot of money to contact me so many times as long as they do not add bad marks against my credit report. I had no response from them to confirm this so I just went a head and paid my monthly instalment on the 1st August.

 

About a month ago I checked my credit report with experian and they have me down as two months late with my payment. I emailed them on a number of occasions to get a response from them. They contacted me back eventually to say my credit file is correct blah blah and they will not change it even though I stopped payment due to the original bank charges and that they were bombarding me with telephone calls.

 

So it was back to square one. I recently replied back to them to inform that I do not agree with their offer and I will go to the courts to get my money back from last years charges and quite possibly a claim for abusing the Admin of Justice etc. I received a letter today that they do not think that 310 calls is harassment (I have logged 644 calls from them) and that they have refunded my charges - they have refunded £563.66 which has left £141 in charges that I have already paid.

 

I have given them until 4pm today

 

Email addresses to the funding corp for those who need them

 

The Directors:

 

[email protected]

 

[email protected]

 

[email protected]

 

The "Complaints" Department:

 

[email protected]

 

[email protected]

 

 

General:

 

[email protected]

 

[email protected]

 

[email protected]

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I am having the same problem with the Funding Corporation in relation to charges. I changed my bank and wrote to the Funding Corporation to change my details. They told me that their system would not accept my new details but would send me a direct debit mandate out.

 

I completed the mandate, sent it back and they lost it and charged me £40 for a late payment. They sent me another mandate out but this time they did not authorise it in time so guess what, yep another £40 late payment charge.

 

I have had problems from day 1 with these monkeys but in 10 months time i will be free!!!!!!!

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I am having the same problem with the Funding Corporation in relation to charges. I changed my bank and wrote to the Funding Corporation to change my details. They told me that their system would not accept my new details but would send me a direct debit mandate out.

 

I completed the mandate, sent it back and they lost it and charged me £40 for a late payment. They sent me another mandate out but this time they did not authorise it in time so guess what, yep another £40 late payment charge.

 

I have had problems from day 1 with these monkeys but in 10 months time i will be free!!!!!!!

That does sound all too familar:shock:. I still have about 20 months left with them but that could all change after case has been submitted.

 

Did you get back the charges? if not write to the email addresses above and state that you are from the CAG. If they still do not refund your money - send the usual letters to them;).

 

If anyone else on here receiving calls to the point of harassment, email the above addresses. Every time you get a call or letter - email them. They really do not like it. They even accused me of harassment even though I emailed them when they called me. They even banned my email address, thanks to web based email companies it is easy to set up more addresses.

:p

Thanks Chris - not sure if I want them to give up early. I would love to be proven right in court. They even hassled me with a bailiff and he threatened me physically via a text messages. I still have that text message

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Court case filed. I am claiming £141 for charges and £400 for harassment. I suspect that I could claim more for the harassment part but victory over this organisation in court will give me a greater satisfaction. I just hope that they do appear in court.

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  • 3 weeks later...
  • 2 weeks later...

They have put in a defence and a counterclaim of about £4400. I have not seen the defence/counterclaim as of yet as it was not posted to me. Northampton said that I will need to get a copy from the local county court.

 

All they are doing is trying to bully me which is a crazy idea as it will not be effective. Unfortunatley they will not turn up in court as they will need to 1) prove that the charges are legal and 2) try to say that phoning me up 100s of times is not harassment.

 

Better get on to the local court to get a copy of the joke defence/counterclaim.

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  • 2 weeks later...

I am still waiting to get their defence/counterclaim from the courts but I have reviewed the agreement with them and as it is a Hire Purchase agreement and not one of their Bill Of Sales I have advised them that I have terminated the agreement. I am just waiting for them to pick the car up.

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I have got their defence and counterclaim now. At first reading of the defence I thought I could be in trouble. It looked as though they covered their rears however I got going with my defence of their counterclaim.

 

As time went on in writing my defence I was noticing that a satisfactory smile beggining to develop. Even though it is not fully completed yet each time I read through it the more I realise that they are the ones who are in trouble. My defence to the counterclaim is looking to be water tight.

 

If they do turn up in court they will have some explaining to do in regards to my harassament claim. They harassed me via the telephone, via multiple charges, via multiple termination and default notices and via threatening and illegal text messages from their debt collector. All for a disputed £112 of arrears. They will need to pull a rabbit out of the hat to win this case.

 

I have to submit the papers before sunday.

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  • 1 month later...

A few things have happened since my last post.

 

I sent in the court papers. The Judge stayed the case until the 30th Nov. I have emailed the funding corp with two options to resolve this dispute.

 

After I submitted my defence to their counterclaim I re-read the counterclaim. They have made a right mess of it. They stated that they terminated the agreement in Feb 2007 and I took out the agreement in March 2007, one month after they said they terminated it. :D :D :D

 

With their other two points in the countercliam. One being the amount I owed them, it was about 20% to high and the other they said they terminated the agreement in Feb 2007 when in fact there first letter of termination that they sent to me was in October 2006 - they have even less chance in winning than they did before.

 

Numpties.

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  • 3 weeks later...

The Stay deadline is up and no agreement is reached. TFC tried once again on the last day of the stay to try to get me to accept their illegal charges, accept their harassment, accept physical threats from their debt collector and accept their doctoring of my credit report.

 

No Way

 

The case continues.

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  • 2 months later...
  • 1 year later...

Thought I will just update this thread.

 

TFC have said that they will settle the case if I pay them £1250 and they will class the default notice as settled.

 

They claim I owe them about £2400.

 

I will only settle for this figure if they remove the default totally.

 

They are refusing at present but they are not known to be a smart firm. As stated on the http://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/52549-funding-corp-worst-company-12.html thread they do seem to be in dire straights.

 

:p

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  • 1 month later...

Well, I have been with them for 18 months now, and this is the first ever I've missed payment. Basically, my work mispaid me, and they sent out a cheque to me, the only opportunity I had to send pay in the cheque was during this long bank holiday. I called up the Funding Corporation today to tell them they could now apply for payment by direct debit, they told me that I have been charged £70:eek:, which totals £40 for the letter I believe and £30 for mispayment. They must be having a laugh, I told them it was unfair, the said they terms and condition state the charges. I told them the OFT statement supersedes their terms and conditions :p. I've just emailed them a letter referencing the statement from the OFT and I'm putting a copy in the post as well. I don't know what their reply will be, but I will be taking them to court if they don't cancel that charge.

 

 

How was your court case by the way?

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Well, I have been with them for 18 months now, and this is the first ever I've missed payment. Basically, my work mispaid me, and they sent out a cheque to me, the only opportunity I had to send pay in the cheque was during this long bank holiday. I called up the Funding Corporation today to tell them they could now apply for payment by direct debit, they told me that I have been charged £70:eek:, which totals £40 for the letter I believe and £30 for mispayment. They must be having a laugh, I told them it was unfair, the said they terms and condition state the charges. I told them the OFT statement supersedes their terms and conditions :p. I've just emailed them a letter referencing the statement from the OFT and I'm putting a copy in the post as well. I don't know what their reply will be, but I will be taking them to court if they don't cancel that charge.

 

 

 

 

Where did you get the OFT statement from?

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OH MY GOD - I literally could not beleive my eyes when I read these threads regarding the funding corporation - this company have made my life hell! So much so it has made me ill! (I know that sound really dramatic, but they have harrassed me, sent bayliffs to my door and I just cant cope any longer and dont know what else to do!)

 

I dont want to bore everyone on here with my story but is there anyone on here that can offer me any help PLEASE I am at the end of my teather and have no idea what to do.

 

Thank you so much

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Well, I have been with them for 18 months now, and this is the first ever I've missed payment. Basically, my work mispaid me, and they sent out a cheque to me, the only opportunity I had to send pay in the cheque was during this long bank holiday. I called up the Funding Corporation today to tell them they could now apply for payment by direct debit, they told me that I have been charged £70:eek:, which totals £40 for the letter I believe and £30 for mispayment. They must be having a laugh, I told them it was unfair, the said they terms and condition state the charges. I told them the OFT statement supersedes their terms and conditions :p. I've just emailed them a letter referencing the statement from the OFT and I'm putting a copy in the post as well. I don't know what their reply will be, but I will be taking them to court if they don't cancel that charge.

 

 

 

 

Where did you get the OFT statement from?

 

 

I referred them to the Unfair Terms in Consumer Contracts Regulations 1999 really.

They have read it, but they haven't replied, nor have I recieved a letter from them.

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OH MY GOD - I literally could not beleive my eyes when I read these threads regarding the funding corporation - this company have made my life hell! So much so it has made me ill! (I know that sound really dramatic, but they have harrassed me, sent bayliffs to my door and I just cant cope any longer and dont know what else to do!)

 

I dont want to bore everyone on here with my story but is there anyone on here that can offer me any help PLEASE I am at the end of my teather and have no idea what to do.

 

Thank you so much

 

Well you need to say what the problem is for someone to help you I think

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