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

[Edinburgh7]

ok,

 

need to confirm some info please

 

humour me, if you have already answered this

 

1) What agreement was it? HP or fixed sum

 

HP Agreement and not secured by a bill of sale

 

2) did you receive a default notice?

 

Several - the last one being 14th October 2009. The vehicle was Voluntary Surrendered on November 2009

 

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?

 

No I wasnt. Actually IF I remember correctly, as Id missed payments TFC were trying to get me to pay a bit extra on top of my standard monthly payment. I may be wrong but Im pretty sure this is the case

 

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

 

What they (TFC and Red2Black) put to me (verbally) was that I had no option - I had to surrender the vehicle or it would be re-possesed. They said at least with VS it would be sold at auction and Id have some money knocked off the balance. The chap on the phone today though was basically saying that I volunteered to surrender it in the end so there is nothing I can do.

 

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

 

 

Many thanks my friend, especially when you are busy at work. I genuinely appreciate it. I have answered the questions in bold above.

 

Regards

[dx100uk]

load of cobbers from the phone again i see

 

cut his phone of someone.........

 

dx

[pt2537]

Many thanks my friend, especially when you are busy at work. I genuinely appreciate it. I have answered the questions in bold above.

 

Regards

way i see it is like this

 

Firstly, the Consumer Credit Act 1974, s90 and 91 states

 

 

Further restriction of remedies for default

90. Retaking of protected hire-purchase etc. goods.

— (1) At any time when—

 

(a)

the debtor is in breach of a regulated hire-purchase or a regulated conditional sale agreement relating to goods, and

 

 

 

(b)

the debtor has paid to the creditor one-third or more of the total price of the goods, and

 

 

 

©

the property in the goods remains in the creditor,

 

 

 

 

the creditor is not entitled to recover possession of the goods from the debtor except on an order of the court.

 

 

 

91. Consequences of breach of s. 90.

If goods are recovered by the creditor in contravention of section 90—

 

(a)

the regulated agreement, if not previous terminated, shall terminate, and

 

 

 

(b)

the debtor shall be released from all liability under the agreement, and shall be entitled to recover from the creditor all sums paid by the debtor under the agreement.

 

 

 

 

 

So they cannot retake the goods without a court order save for "informed consent"

 

So what is informed consent?

 

 

Well that was addressed in Chartered Trust plc v Pitcher - [1999]

GCCR 1099

 

I would suggest that inspection of the default notice and details as to the circumstances surrounding the retaking of the vehicle and what was said would provide the necessary details to decide if informed consent was given

 

if it wasnt

 

then the recovery of all monies paid would be available

[postggj]

thanks pt

 

ill digest this

 

learned something new today

[Edinburgh7]

Many thanks again PT.

 

So.......... long term, Im assuming my next course of action is to wait until I recieve all the copies of letters and documentation they hold on me, following the letters I sent (courtesy of Post) then put them up here and see what you guys think?

 

Whats sticking in my throat is the whole "well you voluntary surrendered the vehicle so you have no comeback" attitude. I mean they, without shadow of a doubt, made it out to me that I had absolutely no choice - because I said I either wanted to keep the car and pay the arrears or voluntary terminate and hand the vehicle back. I was told in no uncertain terms that I had no choice because they hadnt recived this form in time. I had "lost the right" to voluntary terminate was the exact term used.

 

But if this information was given on a phonecall and hasnt been recorded, how can I prove otherwise?

Edited July 8, 2010 by Edinburgh7

[postggj]

But if this information was given on a phonecall and hasnt been recorded, how can I prove otherwise?

 

 

IT WILLBE ON THE COMPUTER SCREEN SHOTS

 

THATS WHY YOU ASK FOR THE SAR:D

[Edinburgh7]

But if this information was given on a phonecall and hasnt been recorded, how can I prove otherwise?

 

 

IT WILLBE ON THE COMPUTER SCREEN SHOTS

 

THATS WHY YOU ASK FOR THE SAR:D

 

Thanks mate

[pt2537]

Many thanks again PT.

 

So.......... long term, Im assuming my next course of action is to wait until I recieve all the copies of letters and documentation they hold on me, following the letters I sent (courtesy of Post) then put them up here and see what you guys think?

 

Whats sticking in my throat is the whole "well you voluntary surrendered the vehicle so you have no comeback" attitude. I mean they, without shadow of a doubt, made it out to me that I had absolutely no choice - because I said I either wanted to keep the car and pay the arrears or voluntary terminate and hand the vehicle back. I was told in no uncertain terms that I had no choice because they hadnt recived this form in time. I had "lost the right" to voluntary terminate was the exact term used.

 

But if this information was given on a phonecall and hasnt been recorded, how can I prove otherwise?

if that is the case, that you were pressured to hand over the keys and that you were not aware of your rights in respect of this ( now caution here as we need to see the default notice) then you may have a claim to recover monies paid to the creditor

[Edinburgh7]

if that is the case, that you were pressured to hand over the keys and that you were not aware of your rights in respect of this ( now caution here as we need to see the default notice) then you may have a claim to recover monies paid to the creditor

 

I will get this asap mate. If they have the calls recorded it should be interesting, as I recall being particularly stressed/depressed and almost pleading with them on the phone. It was absolutely made out to me that I had no choice so thats a good start.

 

Im not lucky though, so wont get my hopes up just incase.

 

Thanks again

[postggj]

you will be lucky

 

you just have to stick at it as welcomes ploy is to wear you down with non compliance and ignoring you

[Edinburgh7]

you will be lucky

 

you just have to stick at it as welcomes ploy is to wear you down with non compliance and ignoring you

 

Roger that. I can honestly say that now I am armed with 'people in the know' on my side, I wont back down an inch.

 

Cheers

[Edinburgh7]

Morning Gents

 

Okay so Ive had my SAR back from The Funding Corporation (and from Welcome in my other thread) both in record time!!!

 

The thing is, all they have sent me is a full statement from day one to account closure and a copy of my original credit agreement. Should I be expecting more, as I cant see how this would prove that they mislead me in regards to surrenering the vehicle?

 

Thanks

 

Paul

[Edinburgh7]

Afternoon all

 

A quick update. The Funding Corporation have now sent me a copy of my original credit agreement, but not the subject request (thats 40 days just past). They claim to have sent a letter requesting proof of ID (which Ive never recieved). Ive now sent this to them Recorded Delivery and have apparnently to wait another 40 days for the SAR!!!

 

Today however I had a call from LRC (Legal Recoveries and Collections) saying they were acting on behalf of the Funding Corp and were looking for a payment plan. I explained the current situation and my dispute and unbeknown to me at the end of the phonecall, the chap at LRC has emailed this information to The Funding Corp.

 

I was more than a little surprised that litterally 5 minutes later, the chap was back on the phone with a response from the Funding Corp. They said blatantly that I didnt comply with the agreement and took too long in arranging the voluntary termination. They also said I willingly signed the voluntary surrender form, so legally I dont have a leg to stand on.

 

I explained to the chap from LRC the full situation (That the delay in going for the voluntary termination was because I had to fund £1500 of repairs in which to get the MOT done on the car. I also explained that whilst I did sign the voluntary surrrened, I did so because:

 

a: I was told by the funding corp that "i was too late" to voluntary terminate and that they would no longer deal with me (passed to a recovery company).

b: That if I didnt voluntary surrended the car they would come to my work and re-posses it (i work for a bank so this would result in instant diamissal). The problem is in the T&C's they cant reposses without a court order.

 

Basically they have twisted, manipulated and used scare tactics to get the vehicle back and leave me with a hefty bill. The problem is whatever way you cut it, I did signt the voluntary surrender.

 

I have asked them for a transcript of all telephone calls - is that enough and if not what should I do now?

[Edinburgh7]

Hi all

 

Please bare with me for the long post and take the time to read it through........ i originaly posted on this forum in summer of last year, in regards to problems I had with the Funding Corporation. I got some good advice but Ive now hit a brick wall and Im now not sure what to do.

 

Basically I had a car on hire purchase in 2008/2009. Id paid almost half of the agreement by mid-end 2009 and wanted to voluntary terminate. This was accepted but then as the vehicle needed £1500 of repairs, I was told I couldnt go through with it as there would be no valid MOT. I then went into arrears by a few hundred pounds and the fundign corporation cancelled the voluntary termination.

 

A few weeks later however, with the car MOT'd and ready i contacted the Funding Corporation to arrange the voluntary termination or to request I clear the arrears in full, keep the car and continue with full contractual monthly payments. I was told that "neither is an option and its a bit late for that now".

 

Long and short of it, is I was pushed into a voluntary surrender after being told this was THE ONLY option I had (which obviously take voluntary out of the equation). I wanted to keep and pay off the arrears or VT and they said no. I could only voluntarily surrender the car or have it repossessed. My nievity then cost me that car.

 

I have since sent a SAR to the funding corporation in July 2010 and I have written to them aound 8 times since to try and get transcripts of the calls as evidence, that I was given incorrect/inaccurate information, was misled into surrendering the vehicle and important information was held back from me (informed consent).

 

They have told me everything from "write in with the dates and we will send you the transcripts, to we need exact dates and times of each call, to we need to know the exact number you called from and the date and time, to we dont have them". Now the Funding Copropration know that the only evidence I had that can implicate them was over the telephone and conveniently there are no call recordings available.

 

So.............. even though they have shafted me, is it worth me writing to the FOS to pursue this further? Ive paid, £3500, plus £1500 to have the car repaired and MOT'd only foer them to sell if for £900 when they took it back and they still want £3000 from me. Nearly £8k for a car I dont even have anymore!!!!!!!!! Help!!!!

Edited February 22, 2011 by Edinburgh7