Finance U Ltd Car Repossession letter received **Round 1 WON... Ding, ding... Round 2 now on**

[Smileymiley]

How is this progressing?

 

I have read with great interest all 35 pages today and some of it is simialr to what I'm going through with The Funding Corporation.

 

I have a Bill of Sale not signed by me or my partner,

the credit agreement is signed by us along with an employee of ACF

but the same employee has also witnessed this Bill of Sale.

 

The Funding Corp have agreed that the Bill of Sale is valid

but state that the Credit Agreement is valid

beceause it was enforced by the courts when we were going through a particulary bad patch

 

.Am I right in thinking because of the Logbook Loans judgement my Credit Agreement is invalid if someone can advise would be appreciated

[stu007]

Hi nowayjose

 

I sat all yesterday afternoon reading your post with such interest its good to see the fruits of CAGs help to yourself and others and that the little guy or girl can take on the big bad bully and win.

 

Then you get the stubborn one that lost once and lets try again and bleed then of money for an agreement that does not exist makes me laugh.

 

You and everyone helping you (postggj to name a few) have done great to keep going at this for the length of time it has been going on.

 

Only to be a fly on the wall in the court would love to see the look on this guys face.

 

Anyway i hope it all goes well for you and the great help from CAG

[the2nineteens]

Just for the record,

I had a problem with Finance U many years ago which caused me to voluntarily surrender my car to them.

 

 

Fortunately soon after, my work took me abroad.

 

 

I came back after 9 years, and they found me and tried to enforce the agreement.

My solicitor dealt with it as he said they were "statute barred" from continuing as there had been no correspondence from me for longer than 6 years.

 

 

Nothing now shows on my credit file but beware anybody.

If this kind of thing does happen and you corresepond the staute of limitation is reset and gives them 6 years to persue you legally so think twice before replying to any of their correspondence.

 

I woild love to know when this case goes to court,

I am now retired and have all the time in the world.

 

 

I would really enjoy sitting in court listening to the case.

 

 

Would give me a chance to gloat at those

[debt4get]

not quite correct on the statute barred...it is where you have not acknowledged the debt nor made any payment towards that debt for a period of 6 years, 5 in scotland...corresponding with them does not restart the sb clock

[the2nineteens]

Thank you for the lesson I was aware of that, but surely by virtue of correspondence you are acknowledging the debt!! A very dodgy grey area that could easily be misconstrued methinks!

[Gallahad]

Not if you head all correspondence " I acknowledge no debt to your company"

G

[the2nineteens]

Thanks. Good job I don't need it anymore then!

[Bones76]

Hi Guys,

 

I too have had problems with F U ltd, i am intresed is this statute barred i see metioned. F U ltd hit me with a CCJ going back more than 7 years ago. I have moved home since then but they still on my back. I have never replyed to any of there letters or phoned them or contacted them in any way. I just stuck my head in the sand and hopped the problem would go away, but having read this thread i am optamistic that there might be light at the end of the tunnel and its not a steam train being driven by F U ltd.

 

So my question is, can a statute barred work even though they have a CCJ on me? Any and all info welcome

[Gallahad]

I am sorry Bones but a ccj cannot be statute barred

G

[debt4get]

this is correct a ccj cannot be statute barred, however after all this time they would have to go back to the court to say why they have not acted upon the ccj before now.....if they havent caught up with you now and you can avoid them this could be the best strategy to continue to use

[Bones76]

Ok, truth is I have bought 3 cars from them over the past 15 years and had ppi on all, i was wondering if i should persue to get this back as I think the total would be close to what they say I owe them. But if you think to contact them would be a mistake I will leave it and put my head back in the sand. I don't have any documents any more and would have to contact them to get copys, thats if they have them going back so far.

 

As always greatfull for any and all advice:-)

 

P.S after reading some of the other threads about Finance U ltd it seems it is a real posability that the CCJ i recived from them could be a fake. If i use one of these "see your credit report" sites, will it show me, not just the CCJ's but also who they are from?

Edited January 20, 2012 by Bones76

[Bones76]

anyone???????

[the2nineteens]

The best credit report site to use is Experian, this should tell you what you need to know because if there is a ccj registered against you it will be there however, any accounts older than six years that are closed, dormant or defaulted are automatically removed.

[debt4get]

trouble with claiming back the ppi is you can only go back 6 years...if any of them are older than this its gonna be a no no....i have also had dealings with humphries and the guy is a shark....if you can stay out of his way all the better...if he tries to enforce ccj after all this time he is going to have to explain to the court why he hasnt acted on it before now

 

EDIT there is NO time limit on PPI - dx siteteam

[Bones76]

ok, so how long does a CCJ LAST? and 2. if its a fake can i go 4 the "go fk off its been to long" thing we talked about earlyer?

Edited January 22, 2012 by Bones76

[Bones76]

and cos i now live in scotland would that mean any court case would be brought there?

[the2nineteens]

you can apply for the case to be dealt with in your local county court yes, if it exists that is. check with Experian first being sure to give them all your previous addresses and correct dates that you lived at them.

[debt4get]

in effect a ccj lasts until it is paid...in practice, after 6 years if they havent been used they should drop off your credit file and go away...humphries would be hard put to explain why he obtained a ccj but never acted on it after all this time....if it aint on your credit file i would ignore it...hope that helps in some way....one of the problems however with checking your credit file is that the moment you check and put your new details in he will know where to locate you....unfortunately credit ref agencies are in the pockets of these scumbags...remember cra agencies are used by them to check your credit files and history etc

[Bones76]

thx guys and girls, just a few more quetions, sorry! debt4get? u say he would be hard to explain why he got the CCJ but not acted on it after all this time? how will that help me? if i send a sar and it shows details of all the cars i bought off him and the ppi, even after 6 years, will i still be able to make a claim?

[Bones76]

and can i apply for ppi on a car thats not fully paid off?

[debt4get]

lets take it one at a time...if he hasnt acted on the ccj for the past 6 years he would have to reapply to the court if he now wanted to use it against you.....any ppi that is older than 6 years cannot be reclaimed....any ppi that is less than 6 years old can be claimed back even if it is not fully paid off

 

edit there is NOT time limit on PPI claims - dx

[the2nineteens]

A question Bones76. Have you applied for any credit recently and been accepted, because if you have then there are no CCJs on your records. These days lenders only need a sniff of a problem and they'll turn you down. If you haven't applied for any credit then do so, like a credit card or something, then if rejected follow it up. If granted then you are in the clear. Wise advice from debt4get to stay away from humphries he is a total ****** and a licenced thief!

[havinastella]

lets take it one at a time...if he hasnt acted on the ccj for the past 6 years he would have to reapply to the court if he now wanted to use it against you.....any ppi that is older than 6 years cannot be reclaimed....any ppi that is less than 6 years old can be claimed back even if it is not fully paid off

 

This is incorrect.

 

You can claim PPI back for as long as you can get Statements for. The six years starts from when YOU became aware it was mis sold.

 

Jogs

[citizenB]

trouble with claiming back the ppi is you can only go back 6 years...

 

Dont know where you got this idea from debt4get ? If you have had a policy mis sold, then they are obliged to repay from inception.

[debt4get]

sorry you are quite correct however unless you have the paperwork, companies are not obliged to keep the paperwork after the 6 year period, if you have the paperwork than you can claim over the 6 year period, but i wouldnt rely on them supplying the paperwork in order for you to claim