metisv
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Everything posted by metisv
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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....
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Looked over #23, since this is a BOS linked to credit agreement not much I can do around the first point. Only other thing I can see is to validate the BOS with the court?
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That sounds promising.... On what terms? What have I missed?
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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
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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 DCA regarding CCA request as yet
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Yeah, tough times back then.... Appreciate your time
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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 SAR 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 SAR.pdf
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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.
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Hi The pre contract information - nothing in paperwork titled Pre Contract information . Anything else I should be looking for? The agreement to determine its type - Credit Agreement linked to Bill of Sale by looks of it A copy of the BOS - BOS is present with court stamp The Default Notice - there are several notices on the account due to late payment on some months. First notice served on 17/10/2010 and last on 04/04/2011. Any charges and add ons - account statement shows £300 in admin fees linked to default notices The SAR narrative ( comms log) - sorry can you clarify what you want here? Sorry all, not really good with this stuff
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Right got the SAR, lots of paperwork lol! From what I can make out so far.... There is paperwork present for BOS stamped by court, guess I should check the validity of this with the court? Last payment on account by me was 02/2011 although the account was credited in 06/2011 with the auction sale of the car. No paperwork regarding seizure of the vehicle nor auction receipt evidencing the proceeds of sale Lots of admin fees on the account statement No notice of assignment Strangely enough, the screen notes of account show that they collected the vehicle from a different address (a few doors down), all correspondence then went to that address, obviously I didn't receive any of it. Let me know if you want anything but looks like i'm in a bad position here, any suggestions would be greatly appreciated. Guess cabot will come back soon with the CCA request
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Just an update TFC has responded with a request of proof of address, current address is different than when I originally took out the agreement. I assume its ok to send utility bill or some kind of statement (this is what they are asking for)? Cabot haven't responded to the CCA request, since advice seems to be that I shouldn't of sent it, shall I just leave it alone? Hope everyone had a great Christmas and enjoy the last days of 2016.
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Grim.... So now I am stuffed like a turkey?
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Sorry, thought CCA was the right thing to do. Already on its way via recorded delivery so too late now anyway. As mentioned before, spent last few years repairing credit and a CCJ would really set me back to square 1. Attached letter cabot.pdf
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In my defence it did say will They explained normal action is to go to solicitor to obtain. If no response in 14 days then then WILL proceed as highlighted above.
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Thanks for your help so far. Just to confirm that I have sent the SAR to TFC. Cabot are heating up, latest letter is now threatening solicitors to obtain a CCJ. I have sent them a CCA request with a view to use a Pre-Action Conduct letter to their solicitors when it comes through.
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Thanks, will come back as soon as I hear anything Just building up the SAR now, since I don't have the original account/ref number, will just my name and address when taking out the agreement be ok as a starter for 10?
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Point taken, will still need the SAR though to evidence that. I don't have any copies of the original agreement.....
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With regards to the unlawful taking of the car, i'm just not sure.... . I have read over posts on this forum and others that a Bill of Sale stamped by the high court must be complete for the agreement to hold. Unfortunately I did not challenge this at the time. I guess I should find this out with a SAR request? Am I correct in expecting this info from a SAR? Original credit agreement Full Statement of account including dates totalling to the outstanding balance Bill of Sale stamped by court Auction receipt as proof of amount settled against the balance Cheers again
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Ok, will SAR TFC first then. Just thought that CCA to Cabot might stall them if they are indeed intending to escalate. All defaults will be gone in the next 12 months and don't want to jeopardise that with a possible CCJ. Thanks all for your help so far. Will post any updates as and when
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Yeah they didn't show the Bill of Sale when they came and collected the vehicle back in 2010/2011. I let them take it but later read that I could of challenged it since this paperwork was never produced stamped by the court. This really messed me up, tried to reason with them since only have 1 year left and even tried to re-finance but they weren't having none of it. Since I had no car I subsequently lost my job and things just went from bad to worse. Situation is much better now, yeah upon reading some of the threads here perhaps I should of challenged a few of them. This is the last one left that doesn't read a "0" balance on my credit file. Really loathed to contact/pay this one after all the trouble they put me through and considering the amount they have already received. Car was around £9k (overpriced) Paid around £450 a month for nearly 2 years (over £10K) Car was taken (perhaps illegally) and sold for around £3k (no receipt shown) So total paid already around £14k DCA chasing for another £4.1k Current chasing DCA is Cabot
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Not 100% sure to be honest.... I remember that it was a bit weird, I bought a car from a company called ACF, but the finance wasn't them it was The Funding Corporation. There was mention of Bill of Sale on the car but this was never evidenced when they came and collected the vehicle.
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Thanks, will take a look at the templates and start preparing then Sorry, back again! With regards to the CCA, would this fall under Section 77 (fixed loan) or 79 (HP agreement)? As mentioned previously all I remember is that the agreement was a loan for the vehicle but with a "Bill of Sale" placed on it
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Thanks for your quick response. So CCA the DCA and SAR the original creditor then? I did read somewhere that a SAR is acknowledgement of the debt... I assume this is BS?
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Hi New to the forum but have reading through a lot of related threads and now i'm a little confused as what action to take (if any next). I have spend the last couple of years fixing my shambolic credit history, got myself into a right state back in 2010/2011 with debt totalling around £12k with various creditors, defaulted on everything and avoided by ignoring letters/moving, etc. Over the last 2 years I have been tackling them one by one arranging settlements and have a single creditor left totalling just over £4k. This debt is related to a Bill of Sale Agreement for car finance. I paid the agreed amount for nearly 2 years of the 3 year agreement before I defaulted. They ended up taking the vehicle and sold it at auction. I later found out that I could of contested them doing this since no Bill of Sale stamped by the court was produced. They also never provided me with an auction receipt to prove the amount the car was sold for. This was back in 2010/2011 but can't remember the exact dates. Fast forward to now i'm being chased by a DCA to pay the outstanding amount. They have sent a few letters which I have ignored up until now, letter essentially reads that if I do not contact them in 28 days then my account will be reviewed for legal action. Previous letters up until this have all been very nice. Considering the age of the debt, it's very close to being statue barred which could be why they are now looking at escalating. I have a default registered on my credit file from the DCA (not the creditor) dated 05/2011. I don't have any paperwork relating to the agreement or statement of the account so can't check if this date is true. So far I have not responded to any letters but I did call them around 6 months ago and tried to offer a settlement. They said they would call me back if they accept the offer but never did, nor have they attempted any other phone calls in attempt to recover. No subsequent letters have been in response from the phone call. So a few questions on this if I may:- 1) (In relation to SB) Have a shot myself in the foot by offering them a settlement over the phone? Haven't confirmed anything in writing. 2) What should be my next action? Continue to ignore or send a prove-it letter or CCA request? Any advice would be greatly appreciated
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