The Funding Corporation: successful FOS PPI claim: then car repro, then SD - now claim form HELP!

[42man]

You might find this of interest - http://www.consumeractiongroup.co.uk/forum/log-book-loans-bills/112358-bill-sales-repossession-goods.html

[gavv8]

Thankyou, that is very interesting, on the stat demand it only mentions the bill of sale agreement , not the original credit agreement which i assume could be invalid due to the FOS action against it.

 

GDC

[gavv8]

My 18 day deadline is up on saturday so i will be applying for a set-aside on thursday as i have not received a satisfactory response from TFC so far, could anyone give me some pointers on how to fill in the 2 forms and can i simply take them to the court and ask them to witness the affadavit?

Thanks.

GDC

[42man]

Gavv you might find this useful - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162489-statutory-demand-stature-barred-2.html#post1749288

[42man]

And do have a read through some of the stat demand wins in here too - DCA Legal Successes - The Consumer Forums

[gavv8]

Thankyou 42, thats great info.

I have been informed by TFC that they intend to repossess the car to sell against the outstanding balance, i am quite happy for them to do this as the car is in good order and still worth a good price but i'm not sure how it affects the stat demand, should i continue to apply for a set aside or does the repo constitute having come to an agreement with TFC?.

Thanks

GDC

[postggj]

if you have paid a third off the agreement they would need a courtorder to repo

[gavv8]

I'm handing the car over willingly, i am more worried about the stat demand coming back to bite me on the behind if i don't act on it.

GDC

[gavv8]

Ok , car was handed back to TFC over a week ago now, put in my application for set-aside at exeter county court and have a date for 25th june, just need to serve on the TFC representative now.

Do these muppets usually turn up to court or am i going to be a crowd of one??.

[gavv8]

Ok, went to court, TFC sent a local solicitor, nice enough guy but had no clue about the case, he brought some paperwork with him that was supposed to be in the post......?..

As the car has not been sold yet, the judge granted an adjournment and didn't seem too happy about the car being sold at a site in leeds instead of somewhere local that would have been cheaper.

So, TFC have until end of october to comply or its back to court.

[gavv8]

I have been fighting a car finance company over mis-sold ppi for some time now and the point i have reached is this.

The finance company repaid the ppi premium as per an upheld complaint to the FOS but did not fully comply as they refused to restructure the outstanding balance of finance, as a result of this i refused to make any more payments to them until the situation was resolved.

The finance company then issued me with a statutory demand for around £3000 to which a replied by applying to the court for a set-aside and also agreed to hand back the car to offset as much of the outstanding debt as possible.

At the court hearing the finance company sent a local lawyer who immediatley asked for an adjournment pending the sale of the vehicle which the judge agreed to.

The car was sold at auction and the outstanding amount is now £1250 to which the finance company have added £250 costs from the court hearing ( even though no costs were applied for , or granted) and are refusing to withdraw the stat demand.

I have until the end of october to ask the court to to re consider the setaside or the case will be struck out so the question is , should i keep after the finance company through the court or will they actually attempt to bankrupt me for £1250.

Thanks.

Gavin

[debtinfo]

They could (not saying that they would) as you can bankrupt someone for an overdue debt that is £750 or more

[gavv8]

I'm aware that they could, but would they for that amount ?, or would they simply pass it to a collection agent and hope to claw back anything they can by other channels.

[debtinfo]

who knows? depends on what they want to do. Incidently i have seen bankruptcy orders for debts as low as £841

[babybear39]

Could you give us some more info. about your circumstances. Job? House? etc...

[gavv8]

I am employed full time, i don't own my home and i have no savings.

I also have 4 dependants and own 2 fairly old cars.

Also to clarify, i'm not trying to avoid paying anyone but the finance company were in the wrong to begin with , hence the upheld complaint with the fos so i am fully prepared to go back to court, i'm just gauging opinion if its worth the effort and if it could be in the interests of the finance company to attempt to bankrupt me for just over a grand or if they would let it go to collection.

GDC.

[babybear39]

It's quite unusual for a company to threaten BR where the defendant has virtually no assets. It's a double edged sword really because BR fees are almost £500 if you declare yourself BR but much higher if a comapany does it. Might be worth writing to them explaining your situation (a rough outline will do, don't give them too much info).

 

Would your job or house be at risk if you were made BR?

[gavv8]

We are a long way beyond 'letters explaining', this has been ongoing for almost 3 years now and only came to a head when the company was forced to pay me almost £4000 in mis-sold ppi.

My house is a council house and i am a lorry driver by trade so bankruptcy would not make any real difference on that front, the finance company in question are persistent liars and use very suspect business methods so i'm not confident that they (or one employee in particular) would not attempt proceedings out of pure spite.

I'm confident that i have a very good case for set-aside and they have had the car back which should go towards the "fair offer of settlement " part of the stat demand but its another day off work and more time spent peparing a case and i have spent more than enough time arguing with these idiots, its just going round the houses all the time with the company refusing to finally admit they were wrong despite a fairly strong telling off from the FOS ( they attempted to re-write financial law) .

GDC

[babybear39]

I do understand your situation but the SD has to be taken seriously unless they contact you in WRITING to advise that they are discontinuing. Even then, I'd go for a wasted costs order against them but it's your choice.

[gavv8]

I will ask the court for a restoration of the case, i refuse to let these idiots get away with bullying tactics.

GDC

[gavv8]

i received a full refund of ppi through the ombudsman in mid 2011,

i then handed the car back to them (FC) which they transported from devon to manchester??

to sell as they issued a repossession order against me.

 

After a few months they issued a default statement against me,

i took them to the county court to have it reversed and the judge told the lawyer they had sent that he was wasting everyones time

and that FC were on shaky ground having already lost a claim against them through the FOC,

 

i didn't hear anything from them for about a year and then received a standard issue 'you owe us money blah blah' letter.

 

Today i received a money claim issued through NCC claiming just over a thousand pounds

and threatening repossession of a car that was returned almost 2 years ago.

 

I intend to dispute this and have registered with MCOL

but the site says i should have a claim no/password issued with the defence pack

but i can't figure out which one is which.

 

...i have tried to register on the day i received it (today).

.is it too early?.

..thanks

Gav

[dx100uk]

I have merged your various thread with these people

and you most recent post on someones elses thread

please keep to this thread

with any more issues/question

 

posting on threads +2yrs old will see you get no replies.

 

use this one now

 

dx

[gavv8]

I don't understand what you've done...i didn't post in someone elses thread and my post today has disappeared?

[dx100uk]

your post is 2 msgs up.

 

your post 35 here

was posted to this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?80677-The-Funding-Corporation-PPI&p=3854195#post3854195

which was not your one [ no worries easy made mistake]

I have moved it [its post 35 above]

 

to show the whole story of your dealings with the TFC

I have merged 5 threads that were all about its passed

 

and now you are here with the claim form latest.

 

dx

[gavv8]

Ah ok i see what you've done now..thankyou..