Vehicle Surrender - Have I been mislead - welcome/ the funding corp.

[postggj]

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

 

 

 

 

 

 

put this letter in with the sar and send by recorded delivery to the funding co

 

enclose two postal orders made out for £1 andthe other for £10

[MARTIN3030]

Red2Black are an associated group company.

From the ICO public register;

 

 

ACF CAR FINANCE LIMITED

COUNTY LEASING & FINANCE LIMITED

CYGNET FINANCIAL SERVICES LIMITED

RED2BLACK COLLECTIONS LTD

THE FUNDING CORPORATION (1) LIMITED

THE FUNDING CORPORATION (2) LIMITED

THE FUNDING CORPORATION (4) LIMITED

THE FUNDING CORPORATION (BENTON) LIMITED

THE FUNDING CORPORATION BLOCK DISCOUNTING LIMITED

[postggj]

and the covert links with welcome when they dont want to take on the finance themself

(ive seen the comission sheets)

 

we seem to be missing yes car also, (daf) before they started doing the finance for themself

[MARTIN3030]

There are sep CC licences for their group activities-though all have the Chester loco as their R/O

 

 

Licence / Application / Validation Order NoLicensee / Applicant NameLicence StatusPPB Postcode 0140859County Leasing & Finance LimitedCurrentCH4 9RF 0501812The Funding Corporation LimitedCurrentCH4 9RF 0508129The Funding Corporation (I) LtdCurrentCH4 9RF 0539167ACF Car Finance LimitedCurrentCH4 9RF 0541793Red2Black Collections LimitedCurrentCH4 9RF 0543725The Funding Corporation (4) LimitedCurrentCH4 9RF 0543726The Funding Corporation Block Discounting LimitedCurrentCH4 9RF 0546772The Funding Corporation (2) LimitedCurrentCH4 9RF 0569780

[postggj]

seems ive some reading to do:-)

 

thanks martin

[Edinburgh7]

You are both a fountain of knowledge and I am very much grateful for your advice.

 

Both letters now printed and will be sent recorded delivery tomorrow morning with the relevnat postal orders.

 

Once I have further information I will post back on this thread. Once again, thank you!!

[postggj]

its our pleasure

 

believe me

 

we may get carried away a bit but its for everyones good

by exchanging info

 

including new caggers

 

knowledge is power

[pt2537]

not sure if this has been mentioned here or not

 

But the key case from the first post is, Pritcher v Chartered Trust.

 

gimme 5 mins and i will expand on this

 

 

Can i just check, what type of agreement was it?

 

Was it Hire purchase? Conditional Sale or a Fixed Sum Loan agreement?

 

Also, you paid half of the agreed repayments, did you get a default notice and were you made aware that the court could order that you could keep the car and have the repayments reduced etc? did you get a default notice?

 

just a few questions that are important and sorry if they have been asked lready

 

but you may be entitled to recover all the money you paid, plus contractual interest compunded monthly and also removal of all adverse data from your credit file depending on the circumstances

 

Regards

 

Paul

[MARTIN3030]

It sure is:)

 

Post-if you look at the CC reg-theres more too-oner or two were surrendered prev.

I dont doubt that you may well see some of the named appointed officers appearing on more than one licence.

Its often a good way to make connections-especially where postcodes dont link up.

[postggj]

pt2537

 

are we talking

 

unlawful recession of contract

 

now you have my atention

[postggj]

most funding co agreements were fixed sum and credit agreements secured by bill of sale

 

not many hp agreements as i remember

[postggj]

IS THIS THE RELEVANT LINK PT

 

Consumer Credit: Default Notices

[dx100uk]

juicy worm for post....

 

juicy worm for post......

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/266504-acf-car-fiance.html#post3018251

 

dx

[Edinburgh7]

not sure if this has been mentioned here or not

 

But the key case from the first post is, Pritcher v Chartered Trust.

 

gimme 5 mins and i will expand on this

 

 

Can i just check, what type of agreement was it?

 

Was it Hire purchase? Conditional Sale or a Fixed Sum Loan agreement?

 

 

Also, you paid half of the agreed repayments, did you get a default notice and were you made aware that the court could order that you could keep the car and have the repayments reduced etc? did you get a default notice?

 

just a few questions that are important and sorry if they have been asked lready

 

but you may be entitled to recover all the money you paid, plus contractual interest compunded monthly and also removal of all adverse data from your credit file depending on the circumstances

 

Regards

 

Paul

 

 

Hi mate

 

The agreement was hire purchase and Ive included details of payments below.

 

Borrowed: 4500

Total Credit: 7082.68

Paid back: 4411.43 (was due to make a (£90 final payment with return of the vehicle when voluntary terminating)

 

I was defaulted a total of 12 times throughout the agreement. The last one beig on on November 2009 just before I was told I had to voluntary surrender. The car was sold at auction on 19th January 2010.

[postggj]

Please Confirm The Agreement Was Not Secured By A Bill Of Sale

 

Was The Default Notice Headed

 

Default Notice Under S.87 (1) Of The Consumer Credit Act 1974

 

Do You Still Have The Default Notice

[Edinburgh7]

Please Confirm The Agreement Was Not Secured By A Bill Of Sale

 

Was The Default Notice Headed

 

Default Notice Under S.87 (1) Of The Consumer Credit Act 1974

 

Do You Still Have The Default Notice

 

Excuse my stupidity mate but I have no idea what Secured by a Bill of Sale means

 

I dont have any documentation in relation to the agreement unfurtunately. All details (i.e. how many defaults, when the last one was, amounts paid etc) were supplied by TFC. I even had to get my account number from them. I was so sick when this happened I just binned everything and raised the white flag.

[postggj]

Well You Would Get That Back In Your Sar

 

If You Have No Idea On A Bill Of Sale Then You Dont Have One

 

Thats A Great Relief

[postggj]

You Have Ticked All The Right Boxes

 

Hp Agreement

No Bill Of Sale

 

Ill Let Pt (paul ) Jump In For His Goldmine Strike

[Edinburgh7]

If that is the case ( and im trying not to get too excited at the prospect) then I will be very much in debt to you all for your oustanding advice.

 

Its funny............. getting money back of having money written off from a company is obviously very nice, but in this instance just giving these people a taste of there own medicine is more important to me than anything. They should be ashamed of themselves.

Edited July 6, 2010 by Edinburgh7

[dx100uk]

our response time is getting better guys......

 

thats just over three hours from up to his neck user

to now a happy bunny with cash coming to his pocket

 

well done everybody.....

 

 

dx

[Edinburgh7]

our response time is getting better guys......

 

thats just over three hours from up to his neck user

to now a happy bunny with cash coming to his pocket

 

well done everybody.....

 

 

dx

 

I have to agree and say very well done!!!

 

In this current financial climate, there are so many people that have been cheated, lied to and manipulated by finance companies. I personally know of someone who tried to commit suicide due to pressure of always being chased by creditors.

 

Having people 'in the know' who are willing and able to offer advice is invaluable and a real lifeline and I hope you all realise that.

[pt2537]

post,

 

What im looking at is s90 and 91 CCA here, that may assist, need to read through though

 

Just took back £34k plus contractual interest for a client, so it may be a good shout here for recovery of monies paid under those sections too

[Edinburgh7]

post,

 

What im looking at is s90 and 91 CCA here, that may assist, need to read through though

 

Just took back £34k plus contractual interest for a client, so it may be a good shout here for recovery of monies paid under those sections too

 

£34k? Thats some amount of money to get back!!

 

Many thanks for checking this, its much appreciated

[Edinburgh7]

Just a quick update on this for those who were helping me out.

 

I had a call just now from TFC after speaking to them yesterday - thats the last time I will engage with them on the phone however and from now on everything is in writing.

 

What they did say though is that a court order was not issued to repossess my vehicle. They said it was on record that I was intending to voluntary terminate and had the car back, but because they didnt recive the "relevant documentation" in time then I "lost the right to voluntary terminate the agreement". I actually did send the documents to them (1st class mail unfortunately) but they claim non reciept.

 

I said to him that I didnt want to voluntary surrender the vehicle but was told I had no choice and had to or it would be taken. His response was "well you voluntary surrended it to the agent and signed the form" so theres nothing you can do.

 

Angry doesnt even begin to explain how I feel right now!!!!!

[pt2537]

Just a quick update on this for those who were helping me out.

 

I had a call just now from TFC after speaking to them yesterday - thats the last time I will engage with them on the phone however and from now on everything is in writing.

 

What they did say though is that a court order was not issued to repossess my vehicle. They said it was on record that I was intending to voluntary terminate and had the car back, but because they didnt recive the "relevant documentation" in time then I "lost the right to voluntary terminate the agreement". I actually did send the documents to them (1st class mail unfortunately) but they claim non reciept.

 

I said to him that I didnt want to voluntary surrender the vehicle but was told I had no choice and had to or it would be taken. His response was "well you voluntary surrended it to the agent and signed the form" so theres nothing you can do.

 

Angry doesnt even begin to explain how I feel right now!!!!!

 

ok,

 

need to confirm some info please

 

humour me, if you have already answered this

 

1) What agreement was it? HP or fixed sum

 

2) did you receive a default notice?

 

3) were you aware from reading the default notice that you could have kept the vehicle and that the court could have reduced the repayments to allow you to keep the car and to pay lower amounts?

 

What they have told you is nonsense IF it is a hire purchase agreement and if you have had the vehcile taken without informed consent

 

I know i asked these questions or some of them yesterday but i honestly dont have time to trawl back as im working on a important case at the mo