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novemberj

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About novemberj

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  1. They already have a copy of the Bill of Sale. It was taken to various debt advice centres including Trading Standards. Trading Standards said it wasn't correctly worded. However they also said this was irrelevant unless you could afford to fight the case which they couldn't. TS said that some judges may find that there was no case even if the bill wasn't correctly worded as they had signed it understanding that they were taking out a loan. They also said that no-one had ever fought a Bill of Sale in court to date - probably because of the costs it would incur and because obviously the peop
  2. Theirs is flawed but that apparently doesn't mean a thing unless you can afford to fight it in court. Sorry? What is a sar? and what is a cagger? I think you may be using abbreviations I'm not used to edited to add Oh that's very clever. I type in 's.a.r' which is what I read the OP had said and its changed it to 'subject access request' complete with a link. Forget that question - I'll go and look it up And forget the cagger question as well as I see it says I've been one since July 2009 lol
  3. I've just spoken to her and apparently it wasn't PPI. Sorry my mistake. It was compulsory insurance that would kick in if the car was stolen or damaged in which case the cost of the debt was covered. Unfortunately I don't think they can get the case set aside as she was told by advisors to make an offer of payment (accept the debt) unless she could afford a solicitor. She couldn't get a solicitor willing to take it on without solicitor's costs. She's had no response from the Funding Corporation regarding her letter to them saying she is asking for a re-determination (as advised by
  4. Thanks Gaz. I'll give her a ring and ask her about the PPI and why the insurance didn't kick in :? I can remember her saying something about she was told she had to take it out but not the details.
  5. Good morning Dougal and thank you for your post. Unfortunately she was advised by all the debt advisors, CAB etc that unless she could afford a solicitor she had no choice but to accept the debt and make an offer of payment. At the time as they had only her part time income they were living on less than income support. Therefore as she 'admitted' the debt (under protest admittedly) there was no need for a hearing. There could only have been a hearing if she could have afforded the costs and potential costs of one. The creditor, the Funding Corporation, didn't agree to the paymen
  6. Hi again gillypam Wishing you every luck with your court case. I so hope you win. When is your court case? Do keep me posted. I so agree with you that they shouldn't be allowed to treat decent people like this. I can't believe something can be allowed to escalate like this just because someone loses their job and misses one payment. Companies should have to negotiate and respond to people etc rather than being allowed to take them straight to court. And people should be able to get free legal representation for cases like this not be stuck if they can't afford legal bills on to
  7. Thanks Gillypam and Trooper My sister took the Bill of Sale to Trading Standards quite a while ago before it went this far. It is non valid due to some of the wording. However Trading Standards told her that no-one has ever challenged one in court due to the cost of doing so. He also said that it would be up to an individual judge whether or not the fact is was not valid counted. Presumably the court has accepted the Bill of Sale in this case as the court official made the initial judgement they should repay in full. My sister did mention in her correspondence with the court that
  8. Thanksnicklea I can't find anything on that thread though to do with court cases and Bills of Sale. Repossession of goods has already taken place and presumably the court has already accepted the Bill of Sale as they have said the defendent (my sister & husband) must make payment. It seems the only option they have is to go back to court and object to the rate of payment
  9. Can they do this even though the Bill of Sale was secured to the car and the car has now been repossessed and sold? Surely they should get time to pay this debt back as you would with any other loan that isn't secured on your home? They can only access free legal advice as they have no money for a solicitor. They are going to try again with CAB etc but have been hitting a brick wall throughout with debt advice as it is a Bill of Sale not a loan and told the only way to fight this is if they could afford a solicitor as it is complicated. Thanks for posting I've already posted on m
  10. I've just found this site by googling 'help with the Funding Corporation' so please accept my apologies for my first thread being an urgent request for help! My sister had what she thought was a car loan with the Funding Corporation. When her husband lost his job and they missed a payment the FC asked for the full amount plus horrendous interest. She sought advice from CAB and Trading Standards but because it was a Bill of Sale not a loan no-one could help. The original loan was for £8,000. The FC wouldn't accept any offer of payment and repossesed the car selling it for £3,000. This
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