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Everything posted by TFD123

  1. This has to be written up and served by my legal rep mm are aware of it. MM phoned me this morn and said they were not selling the car at this point until they carry out further investigations, I refused to speak to them and asked them to communicate by letter or email only, which the have never done before. CCTA have phoned back and asked me to inform them if there is any breakdown in communication between myself and MM and they would step in at any time, I explained that as I was not technically the account holder they will only communicate by phone so they said as far as MM was concerned I was the account holder and until they finish their investigation MM should communicate by email or post. Now I am writing to the Director of MM to insist on this. Google the names associated with MM that i posted earlier very interesting reading with their associations.
  2. Good Morning I have been to the County Court this Morning and as you advised both on here and on your PM DadofHolly, I sought the advice of a legal rep before asking for emergency hearing. Good advice. Took all that I had into the court which proved I was the owner, also details of the conviction of the fraudster and an injuction was granted that MM cannot sell the car until a hearing has been arranged, so seems good there. BTW the cost in UK for hearing is £175.00 no charge for emergency hearing unless a conclusion has been reached but as I now need a hearing i Paid £175.00 also for the benifit of others the cost can be NIL if you are on certain state benifits its worth a call to your county court before attending to find out if you are eligble for this. Also if you need an emergency hearing be there as the court opens to get early hearing. Incidently MM are registered with the Consumer Credit Trade Association (CCTA) who I emailed yesterday with a complaint, they acted very promptly by contacting MM this morning and asking for all info on this case for them to make a decision on wether MM are in breach of thier membership, they have just rang me and informed me that they are now investigating the complaint, MM will not be selling the car whilst this investigation is on going. We shall see. I have checked out CCTA and the are registered by the goverment, they were very prompt in their response and very helpful. Thank you for all the help. This the most rediculous situation I have ever been in as it seems so straight forward, even the court was amazed that it was a civil matter.
  3. Yeah hopefully it will not be that easy for them but since the car carries great value it is an easy way to recoup money instead of going down the road of putting levy on his house, which they probaly will do after they sell my car. I think ill send all future mail to this address Mr Simon Furnival has 1 company director or secretary appointments. Short name - Simon Furnival Month/Year of Birth: 07/1965 22 Wedgwood Close Wombourne Wolverhampton West Midlands WV5 8EL Company NameCompany StatusMOBILE MONEY LIMITEDActive Appointment Date: 01/01/2006 Position: Director Occupation: Director Company Status: Active Last Updated: 6:32pm 12/11/2011 Address: ST CRISPINS HOUSE DUKE STREET NORWICH NORFOLK NR3 1PD GB All Officers: q Mr Simon Furnival Mr Jonathan David Painter Mr Andrew Clive Turner Mr Graham Charles Eke
  4. They have had proof from the police. But still want £7,000.00 from me as the debt is still on the car. And as the police will not get involved I am going to the county court in the morning to hopefully have an injunction placed on MM. I have drafted letters to all the relevant bodies today except police, as i am making an appointment to see acting Super (when he is available) Ill try get on here as often as possible and keep you posted. I thought it was theft but now it seems ( As its classed as Civil) the only case I have is that they took the car of private land without a court order which means if I go down that route I appear to be accepting liability that I was party to the loan agreement. Ill see what the court says tomorrow.
  5. The case was in the Magistrates court and has nothing to do with mobile money as they have not made a complaint. The person in court recieved £300.00 fine for obtaining money by deception and 40 hours community service for ID Fraud. I was on a buisness trip, left my car on a friends drive and he only had access to my spare car key incase he had to move it, I did not realise he had the plastic part of my Drivers Licence, he used his own bank details with a few name changes on his statements, he was trying to pay mm back before I found out and paid them almost £2000.00 from HIS OWN DEBIT CARD but then missed payments and the bill went up, they never wrote to me as he used his own address (although my address was on the my Licence) but it came out in court that he never recieved any written demands for money. He recieved a visit from a Mike Pearson from MM. As I said before mm should claim of him as he has equity in his house but now they have my car I dont know were to turn. I sent an SAR to MM which should be interesting as they claimed there was no postal order in the envelope so i Had a courier deliver and get a receipt for another one with the appropriate reference on it, I have contacted OFT and trading standards. I am now in the process of writing to mm with all details i have and will record delivery as usual. I have edited the Emails sent to MM and to the police also the one i received from the police and will post below. I have only had phone calls in return, never anything in writing. This may seem a bit long winded but reading the questions asked on the thread i felt i needed to explain fully. I have several addresses for Mobile Money and 3 possible personal address's for Mike Pearson and Simon Furnival. This may be decriminalised by the police but has become quite personal to me, anyone help with personal address' please email me. I need to know why, as MY CAR was party to an unauthorised repocession, that the Police see it as civil. The car was taken of a private drive on the 26th November 2011 2 days after MM was informed EMAIL TO MM-: Ref HPI Check XXXXXXXX To see messages related to this one, group messages by conversation. 24/11/2011 Reply ▼Reply Hide details [email protected] Change picture View profileTo [email protected], XXXXXXXXXXXXXXXXXXXXXXXX From: [email protected]) Sent: 24 November 2011 13:25:07 To: [email protected] Cc: [email protected] Bcc: [email protected]   My name is XXXXXXXXXXXXXX. I have recently found out that your company has possibly been frauded by someone using my personal details. I will leave that to your company to deal with, but to inform you that I have made a complaint to the WM Police against a XXXXXXXXXX of (Address removed), for falsely using my ID to obtain money. The contact for the complaint details for your information are, Crime Reference XXXXXXXXXXXXX, DC XXXXX XXXXX, on 084560XXXXX exten, 57XXXX, XXXXXX CID XXXXXXXXXX. As Mr XXXXXXXXX has pleaded guilty to the offence and will be dealt with by the Birmingham Courts I now formaly ask you to remove any claim on the HPI data bank with regards to my car, Reg XXX XXX, that you may have believed you had title to. I must inform you that it is illegal for your company to try to hold any claim on my vehicle as I was never, as the owner and Registered keeper, involved with your company. I also need to inform you that i am in pocession of all my documents including the original Logbook. You have I believe a copy of my Drivers licence, please check that for my original details. I will leave it to your company to take any legal action required, as I am doing, but I am amazed that you accepted my photoghaphed drivers licence as proof of ID from another person with a different address printed on it and the fact he is some years younger. The only thing I request from you is that you remove any claim you thought you had on my vehicle now. Yours Faithfully XXXXXXXXXXXXXXXXXXXXX edited due to nature of email
  6. I am sorry I have not been on the thread for a while. Things have not changed much mm want me to pay 7000 pounds to get car back. At this point I want to be careful what I say I will post copies of correspondance tomorrow. DadofHolly you have it correct the guy who went to court for id fraud was only charged because of my complaint mm although knew about it never attempted to take him to court fact they took my car knowing someone else committed fraud fact never had log book only spare key fact took car of private land fact never issued anyletters to me. I am really appreciative of your interest things will be much clearer tomorrow on here. Thanks for you patience
  7. Really appriciated your help, am now trying to speak to higher in police as it is Theft. Again thank you
  8. I have been told by a solititor that I can get the UK County Court to issue something to stop mm selling the car until I get a hearing, do you know what I should apply for? is it a time order?
  9. Thank You. I will watch here for any reply and again Thank You. Although If they did sell it and I have the origional receipt, with original log book and proof that someone used my ID to obtain a loan and was convicted in a court of law for it, I could do as mm did, locate the car and take it back and let the new so called owner take it up with MM but i would hate to give someone else this grief btw the car cost me £18,000. Its so confusing the fact that the police said its civil mm was aware of the the guy who was taken to court and should have took him to court to. Thank you again
  10. Thank You for your prompt response, I agree its theft but the police says its civil. I will contact the county court now and get thier advice on how to get a hearing. Which Forum should I be in? Sorry to be a pest but cant afford legal representation.
  11. Can anyone help? I bought a car in Jan 2011, done HPI and it was clean since that someone used my identity fraudulantly and obtained a loan from Mobile Money. I went to sell my car and discovered the claim on it by Mobile Money. After discovering who used my details i went to the police who took him to court. I informed Mobile Money 3 weeks before the court case all the details including all relevant police contact details. On Friday of last week they took the car of my drive and and will not return it. I have never had any other communication with this company. I informed the police who claims its a civil matter. I cant issue an SAR as I never had dealings with this company? or if I can how would I word it also I need to stop them from selling the car, I believe I need to go to County Court? Anyone requirin g further information to help me just ask. Many Thanks Sorry about spelling rushing a bit
  12. Thank you TB I am trying to put as much info on here so sorry it seems so long. I have received the PE7 and PE9 by email from the court and returned by same method. I have phoned the local authority as to enquire where statuary notices were sent, I must do this in writing as Data Protection applies (It Seems). Much appreciated. This should hold them off. With regards your comments on .. Quote “The levy upon the vehicle has been removed because a bailiff cannot levy distress upon a vehicle that is on HP. If the levy has been removed then all fees associated with it MUST also be removed!!” Excellent!!!!!!!!!! I spoke on the phone with a real arrogant person at Bristow and Sutor (but managed to keep my cool) He stated that the only part that would be removed was the levy costs on the vehicle and that as it was their intention to remove goods on that day so the Calling at the home charge and the Van (never seen a van) charge still stood. Is the comment you make written in any legal reference? Isn’t it amazing that they can have a WP signed in the street by someone who does not live at the property albeit my son. What I am looking for is a defence at the door when they call, which knowing bailiffs they will, and when I refuse entry, which I will, they will call the police. I can show them the email sent with the SE7 and SE9 which should work but id love to be able to refer to the fact that the WP is not valid due to the levy being put on a vehicle which had a finance agreement in place and the bailiff was made aware of it as they may try to force entry( thats the only way they will get in). If the SE7 and SE9 are rejected who do I complain to with regards to their charges. I asked Bristow and Sutor this and they said to speak to the local authority, I did they said I needed to speak to the bailiff, such a run around. I am annoyed at the charges/ costs and would love to see them explained, is it possible to see a list of charges anywhere with regards van, letters and calls. Just been on phone to B&S again they now state the following charges 09/09 £110.00 court judgement 2nd March £12.88 ......letter 13th March £40.47 ........Attending Property 24th March £53.96 plus £105.75....... Attendance/Van Charge 12th April £53.96 plus ££105.75........ Attendance/Van Charge This still dont add up so would love to see written bailiff fees More Financial Bullies Tomtubby again thanks for your time and advice.
  13. Firstly Thank you for your comments. Below is a letter my wife sent to Bristow and Sutor and thier reply. Please can someone advise me of how to proceed further. Many Thanks Our Letter to them Edited for posting purposes Penalty charge number XXXXXXXXX Car Reg XXXXXXX Your Ref XXXXXX A bailiff, instructed by your company, attended my property yesterday and spoke with my Son in the street regarding an unpaid parking fine of mine. Since the time I made representations about the penalty charge to the enforcing authority concerned, which was within the 28 days of the service of the Notice to Owner, I have not heard anything else until my son said someone called to my home yesterday. Please note that my Son had no authorisation from me to sign or agree to any request made by the bailiff as my Son does not reside at my home. Your bailiff did not gain entry to my home. The Walking Possession Agreement signed by my son is therefore not valid. Your Bailiff placed a levy on the car I drive which in fact my son had informed him that it is under a Hire Purchase order with XXXX XXXXX Finance, this is true. I rang your office today to query the charges imposed by your company. I now request that you give me a written breakdown of these charges. Your customer services agent informed me that the charges applied yesterday (12/04/2010) were for the bailiff and a van, as the intentions of the visit was to remove goods from my property if I did not pay the requested amount, I informed your agent that the Bailiff was not in a van but in a car, her reply was that a van would have been in the area. If this charge includes for the use of a van then as the van was claimed to be in the area, how many others also got charged for this van without there actually being a van in attendance. This cannot be a charge which is justified so please can you explain. A record of the telephone conversation will be requested if required. For a court charge of £110 issued to the enforcement officer on 28/02/2010 by the County Court to have increased to £511 by the 12/04/2010 seems to be excessive by anyone’s standards. To summarise can you:- 1)Confirm that the Walking Possession Agreement is in fact invalid. 2)Confirm that the levy placed on the car Reg xxxxxx will be removed for the reasons mentioned above i.e. the vehicle is under a finance agreement and was not levied under a valid Walking Possession Agreement. 3)Provide a breakdown and justify the charges applied. 4)Explain where the van referred to by your agent was at the time your bailiff attended (if indeed these excessive charges of £53.96 and £105.75 applied yesterday were for a van) And Their Reply Dear Madam, RE: Parking Penalty Charge Notice due to Birmingham City Council We acknowledge receipt of your letter, the contents of which have been duly noted. We note your comments in regards to making your original representations within 28 days of the Notice to Owner and would point out that the time to dispute has now elapsed. You may seek legal advice regarding a Statutory Declaration, however, this will only be accepted within a certain time frame by our client. With reference to your son not being authorised to sign the paperwork, we would respectfully point out that any person over the age of 18 can sign a Walking Possession agreement for Penalty Charge Notices. Although the agreement is not in fact invalid as you state, we have performed a finance check on the vehicle and have been able to confirm what you have stated. The vehicle has therefore been removed from our enquiries and no further action would be taken against this. We are requested by our client to attend the property on an Enforcement Call. This means a bailiff is instructed to attend with a view to levying distress and removing goods on the same attendance. Therefore fees which are detailed on the reverse of our paperwork, which are charged in accordance with the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 (as amended), are legally due and payable and have been incurred correctly. We are unable to provide you with a breakdown of how these costs are calculated as they do not represent actual costs. As a company we have set Van Fees which our clients are aware of. We have amended the balance accordingly, having established no action can be taken against your vehicle, however aside from £9.05 the remaining fees are due and payable. Your balance is currently £502.62 and we suggest you contact us with your offer of payment as soon as possible to avoid any additional recovery action being taken against you. We will allow until the 23/04/10 for you to make such offer. We trust this clarifies the matter. Yours faithfully, So due tomorrow Is there any thing legal i can do to refuse them entry. ATM the house is sold subject to contract and most of the items in the house have been sold as part of the house sale but as it is subject to signing of contract we still own the items. Again many thanks
  14. Thanks for the advice, you are exactly right about ignoring the ticket and the fact that only keeping my costs under control is the way forward. I will follow the link and get on there. again thank you
  15. Can anyone offer any advice here please? I will try to keep it Brief... Sept 09 good lady wife got parking ticket in UK midlands charged at £70. Like lots of others unfortunetly ignored it. Never heard anything more until 12/04/2010 when a bailiff from Bristow and Sutor called at the house with a enforcement order for £110 from Northampton TEC. And added costs of £401 total now £511 They recieved the order to collect from TEC Northampton on 29th of Feb 2010 and said they had sent a letter and called once before hence the amount now owed. I cant prove they did not call but we have never had any commumication from them. While here they asked my son who was outside my property (he is 24 and does not live at my address) to sign a walking possession form as they where levying my wifes car, he informing them that the car was on finance and the bailiff told him that they would remove the walking possession when they did a HPI, so my son signed. I rang them to be told that they have lifted the levy on the car as it was on finance and reduced my bill by £6.05 but although my son does not live here and the bailiff did not gain entry to my home they state the walking possession is still valid. They are due to return on 24/04/2010 to take goods from my home. Is there anyway to delay this until i find a way to dispute the charges. They claim for a van which was not here but they say it was in the area!!! I have spoken with their CLIENT (Birmingham City Council)concerning costs charged by this company but they only refer me back to Bristow and Sutor who will not give break down of costs but will only discuss when am i going to pay. Any advice here would be greatly appriciated.
  16. Has this thread turned into a selling area, if soo i have a 1978 Ford escort for sale:D. Do you think Fmann (great name) has got the message to go away yet? This site provides free advice and does it soo well that many people have had good results through here (including myself) without the need to pay outsiders. If FMann has not got the message yet then please accept this as confirmation. Keep Up The Fight!!!!!!!!
  17. Can I just remind people that the cheapest contact number for Capstone is ...................... Customer Services Direct Phone & Fax: 0207 532 9527 Switchboard: 0207 532 9000 Forget the 0845 numbers
  18. Can I just remind people that the cheapest contact number for Capstone is ...................... Customer Services Direct Phone & Fax: 0207 532 9527 Switchboard: 0207 532 9000 Forget the 0845 numbers
  19. applicable with SPML Mortgage but seems different with different loan companies although handled by Capstone Can i state again I dont get charged fees when account is in an arrangement
  20. All Sitting this morning by my patio doors with the sun shinning in , looking over that which i thought was mine, alas Lehmans had a differnt idea and backed by our goverment. dont give us much of a chance. But i am not alone,unfortunetly, but this gives me faith to carry on. Been following thread closely but nothing to post lately, hanging on with the skin of my teeth, repayment plus arrangment to pay today, struggling but simply means someone else will be banging on my door as they will not be paid to accommadate mortgage money. Like my old Dad used to say, "all the debtors names will go in a hat and each week those names we draw out will be paid this week and the ones left will just have to wait and if they complain too much then thier name wont even go into the hat next time." I suppose that worked in times gone by but now, being a home owner/mortgage payer its just a matter of time for those not in the hat to get an attachment on THE PROPERTY (as it is soo fondly refered to by CAPSTONE) I, like most, thought that buying a house would be soo idealic,ha, 10 years of maintaining and improving, 10 years of paying to line the pockets of Legal Thieves and those same Thieves forced me out of work and after all that try to repocess THE PROPOERTY/Our Home. Cant be right, but although we vote in goverments they still stand up for the legal thieves and, us, the voter, the little people, just have to suffer. Enough, life goes on. Just had pre contract questionaire through from prospective buyer so hopefully i should have sale soon but in mean time im keeping quiet. I certainly dont want to rock the boat until i receive money. Along with SPML i have 2 other finance companies who, between them have attached £20,000 worth of debt to my LR. They also have to be paid when sale goes through and i cant afford to argue with them ATM either even though the monies owed are full of PPI and charges which should be reclaimable. ( Shame at the time i did not follow up the court cases but hid from them and concentrated on paying Legal Thieves, would act totally different now, if had the chance, after watching this Forum.) Hindsight and all that But ill live to fight another day thanks to a supportive family and this Thread and of course LittleDottie;). I have sent SAR to all involved because quite simply, when the sale goes through my fight will commence and with all the info ive collected here since joining i think im quite prepared, just hope that you guys will save me the trouble by comming up with something to tumble the THIEVES. But as soon as i move to my cardboard box ill go as public as i can. These stories need to be out in the public. I know that lots of people say things like, if you owe the money you should pay it, and why take a mortgage if you cant meet the repayments, these are the people who need to hear our stories, how we took on mortgages not knowing the crooks we were becomming involved with, those same crooks who put our country in Recession and caused this blight. Unfortunetly this reminds me of my history lessons in school of the 1840's when the English establisment, who ruled and were the main land owners in Ireland, collecting huge rents and taxes of all descriptions from the people, then completely backed away as soon as their tennants were hit by the Great Famine, no help given to those who paid the most.sounds familiar. I hope when i am able to go public it will then be helpful to others but for the first time in my life i am going to be selfish and complete the sale of MY HOME, then i will post the results of my future battles and in the mean time guys keep fighting these Thieves, be proud dont let them see any weakness's, which we all have, If you have to let off steam then everyone here understands but remember the ones who only look to this Forum for advice, we dont want them logging on and seeing us agruing among ourselves so word those outbursts clearly so that newcommers will understand the history. Good Luck To All On a lighter note, looking at companies house i see a company Called SPML registered on 31/01/2010 based in a council flat in London, maybe thats were our money goes, LOL WebCHeck - Select and Access Company Information SPML LIMITED FLAT 232 DOYLE HOUSE OSBORNE ROAD LONDON UNITED KINGDOM W3 8SN Company No. 07127263
  21. All Maybe i missed something here as i am still waiting on replys from SPML/Capstone i.e.SAR before i can post more, but thought i would mention that i dont pay any charges for being in arrears whilst i have an arrangement in place.
  22. I have just paid £120.00 for a transcript of proceedings in my case, sent cheque 2 weeks ago, not cashed yet and transcript can take up to 28 days but will be worth it in my case
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