The Funding Corporation

[hillards]

I totally agree with Mr Ton, so many people see court as being a bad thing - but in cases like this YOU get the ruling that allows YOU to live your life, and not be a slave to the bullying companies who keep demanding more and more.

 

Don't let them rule your life, your circumstances have changed and you cannot afford to make the payments. It happens, and they are being unreasonable in not taking your financial situation into account. A court would look at your 'disposable income' and make a decision that THEY have to abide by.

 

So, stop paying. Simple as that. You've tried to be reasonable and they will not budge. Tell them why you are not paying them, that it is THEIR fault because they would not re-negotiate when it is clear you are having difficulties.

 

Anyone looking at debt solutions would list Priority debts first, the things you cannot do without, like energy supply, food, clothing etc. Items like a bike are WAY down the list, and they know it. They have no right to mess you about when all you wanted to do was adjust the payment date.

 

I would be tempted to test the validity of the contract you have with them - do they have an enforceable Consumer Credit Act agreement? Would it stand up in court if you refused to pay them? It's their own fault if they've driven you to tackling them head-on!

 

Send letter N from http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html with a £1 postal order, by recorded delivery. See what they send back.

 

You could issue a SAR too, costs £10 and would require them to give you details of everything on your account, highlighting charges they've slapped on - which you should be able to reclaim.

 

Don't let them get you down, fight back and let CAG help you sort them out. Don't be intimidated by them saying they will send bailiffs in, which is just threatening behaviour on their part - they cannot do that unless they have a court order and you've defaulted on that. Finance companies and debt collection agencies are full of hot air and threats.

 

You can show that you were being reasonable and were willing to pay, if they had only agreed to shift the payment date. Now they've added extra charges on it is THEIR fault there are arrears!

 

If you're unsure of how to tackle this, just ask - there are lots of very helpful people on CAG who will support you. Just read through the many threads and see how many times the bullies have won. Show them you are not frightened and you'll soon be smiling!

[hillards]

Urmm, all you lot telling her to cancel payments, have you thought about her credit file at all? Sound advice, guys, sound advice

 

Note that you're a pretty new poster here Dirtball - I would suggest reading a lot more on the site before suggesting that people are giving the wrong advice. A lot of time and effort has gone into the advice a lot of the regular give.

 

Another thread I followed only an hour or so ago was on a similar topic and it was explained why token payments are NOT a good idea... See if you can find that one?