defaulted car loan with The Funding Corps

[little_evo]

Thank you Alanalana for your response, subsequently i called back both the underwriter and the PPI company this afternoon with regards to the wording of the policy, as it does not clearly state anywhere that i have to provide proof of looking for work. (Although i do this when i visit the job centre fortnightly). They then fill an ABI1 form for me to submit to the the PPI company. They have made a few payments and after a call last week to them they seem to have stopped and have now called an "extra rule" (as it were) for them to continue paying the car finance.

 

I am told by the underwriter that it will now take 10 working days for them to make a decision as per complaint i have made, (one would imagine they will side with the PPI company?)

 

Also i suspect during this time (and since i began to claim the PPI claim due to redundancy), late fees have been applied to the account, (due to the fact the PPI have not been paying although i have been sending in relevant Govt forms to them i.e ABI1 form) bringing the amount payable almost as it were when i purchased the car. Also within the last month or so the O/L has been sending DCA's to the home, calling (rather rudely and swearing on the phone) asking for the outstanding balance.

 

Sadly no-one seems to be very co-operative, and i am jimmy in the middle, not knowing what is going on and the car finance seems to be rising all the time.

[alanalana]

Thank you Alanalana for your response, subsequently i called back both the underwriter and the PPI company this afternoon with regards to the wording of the policy, as it does not clearly state anywhere that i have to provide proof of looking for work. (Although i do this when i visit the job centre fortnightly). They then fill an ABI1 form for me to submit to the the PPI company. They have made a few payments and after a call last week to them they seem to have stopped and have now called an "extra rule" (as it were) for them to continue paying the car finance.

 

I am told by the underwriter that it will now take 10 working days for them to make a decision as per complaint i have made, (one would imagine they will side with the PPI company?)

 

Also i suspect during this time (and since i began to claim the PPI claim due to redundancy), late fees have been applied to the account, (due to the fact the PPI have not been paying although i have been sending in relevant Govt forms to them i.e ABI1 form) bringing the amount payable almost as it were when i purchased the car. Also within the last month or so the O/L has been sending DCA's to the home, calling (rather rudely and swearing on the phone) asking for the outstanding balance.

 

Sadly no-one seems to be very co-operative, and i am jimmy in the middle, not knowing what is going on and the car finance seems to be rising all the time.

 

 

As my post above start to complain to the regulatory authorities. If DCAs are getting involved you should seek advice on this thread...

 

Debt Collection Industry

 

Also try and get a recording system to record the abusive calls

 

see this thread for more help.

 

telephone harassment

 

Protection from Harassment Act 1997 (c. 40)

 

These links should help on the harrassment issues

[little_evo]

Hello all, thanks for taking the time to read my post...

 

Firstly can anyone point me in the direction of a template to put an account in dispute?

 

The reasons being is that due to redundancy i have failed to pay a car payment, i called the car finance company and they informed me that i had PPI cover on the finance (of which i did not know), they gave me the company name and we began sending relevant forms to them from the job centre. Now after paying the PPI for 8 months, the PPI company say that the underwriters need proof that i am seeking work and applying for jobs,(I thought an ABI1 form was sufficient proof), and that payments to the original creditor have stopped (in AUG09).

 

Since then the O/C has sent several DCA's to my home, called several times asking for payment and no payments from the PPI company have been made.

 

One would assume that the O/C has added interest and late charge fees and who knows what else to the account, whilst it has taken the under-writers to review the case (which has took 3 weeks).

 

Now can i put the account in dispute to hold off the creditors calling me and adding further fees to the finance and also what is the route to getting back the PPI for which i originally paid from the original O/C?

[twofoot]

Who is the finance company and what type of finance is it, HP, personal loan etc. Posting the agreement less your details would help.

[little_evo]

Hi Twofoot, thanks for the reply, The original F/C is The Funding Corporation who gave me a car finance (Credit agreement) as opposed to H.P I will try and dig out the original agreement if i can but i do have the insurance policy to hand which states i have Payment protection (Carcraft Gold) for the length of the agreement.

[little_evo]

Hello all, thanks for taking the time to read my post...(I hope i have posted in the right section)

 

Firstly can anyone point me in the direction of a template to put an account in dispute?

 

The reasons being is that due to redundancy i have failed to pay a car payment, i called the car finance company and they informed me that i had PPI cover on the finance (of which i did not know), they gave me the company name and we began sending relevant forms to them from the job centre. Now after paying the PPI for 8 months, the PPI company say that the underwriters need proof that i am seeking work and applying for jobs,(I thought an ABI1 form was sufficient proof), and that payments to the original creditor have stopped (in AUG09).

 

Since then the O/C has sent several DCA's to my home, called several times asking for payment and no payments from the PPI company have been made.

 

One would assume that the O/C has added interest and late charge fees and who knows what else to the account, whilst it has taken the under-writers to review the case (which has took 3 weeks).

 

Now can i put the account in dispute to hold off the creditors calling me and adding further fees to the finance and also what is the route to getting back the PPI for which i originally paid from the original O/C?

 

Thanks...

[Guest Old_andrew2018]

Bump

[alanalana]

Hello all, thanks for taking the time to read my post...(I hope i have posted in the right section)

 

Firstly can anyone point me in the direction of a template to put an account in dispute?

 

The reasons being is that due to redundancy i have failed to pay a car payment, i called the car finance company and they informed me that i had PPI cover on the finance (of which i did not know), they gave me the company name and we began sending relevant forms to them from the job centre. Now after paying the PPI for 8 months, the PPI company say that the underwriters need proof that i am seeking work and applying for jobs,(I thought an ABI1 form was sufficient proof), and that payments to the original creditor have stopped (in AUG09).

 

Since then the O/C has sent several DCA's to my home, called several times asking for payment and no payments from the PPI company have been made.

 

One would assume that the O/C has added interest and late charge fees and who knows what else to the account, whilst it has taken the under-writers to review the case (which has took 3 weeks).

 

Now can i put the account in dispute to hold off the creditors calling me and adding further fees to the finance and also what is the route to getting back the PPI for which i originally paid from the original O/C?

 

Thanks...

 

Not a legal mind but this may help you out two links..

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft1002.pdf

 

issuing a default while account is in dispute

[little_evo]

Well it has been a while since i have posted regarding our friends at TFC.

Due to redundancy i was no longer able to fully pay the amount withstanding on the account. Only when my good wife had a look at the agreement we found out that we had PPI on the account. So i called this in (which was a lot harder than just claiming, as the PPI company did not want to pay out!)

 

Anyways, we have previously told TFC that all correspondence should ONLY be done via letter and not to call us (as they were calling up to 10 times a day on a landline and mobile, the most ever was 15 times during one business day 8am-9pm)

 

Yesterday we received a letter from them stating to call them urgently as we are behind payment as the PPI company did not pay the last installment, and they duely charged us £30 for the letter...

 

Now as i previously stated i asked TFC (via phone and letter) not to call and only write to us regarding the account. But can they still charge £30 for every letter they send out even though we asked them to send out letters only and not to call, it seems like they can send out 4 or 5 letters a month and charge £30 per letter increasing the amount of debt on the account, meaning the debt seems to increase with interest and charges and anything i seem to pay on the debt doe not seem to bring the amount down at all.

 

Any ideas?

[little_evo]

OH just a foot note...as i have now claimed on the PPI, do i still have to pay the PPI payments alongside the original payments that included the PPI as per agreement (if that makes sense?)

[Consumer dude]

I have had dealings with these people and they are not pleasant at all. I would say never to phone them at all. They can charge whatever they like, however wheter they can enforce it is another matter. If they are continuing to phone on a landline, I would make complaint to your phone provider to request they change your number due to harrassment..

[little_evo]

Sorry about the continous posting, but the postman just dropped a letter through the letter box and another letter from TFC with another £30 charge, this is 2 letters in 2 days at £30 each...i feel we have more charges on the account than what the actual debt is for, this does snot seem fair to me, any thoughts?

[Consumer dude]

Sorry about the continous posting, but the postman just dropped a letter through the letter box and another letter from TFC with another £30 charge, this is 2 letters in 2 days at £30 each...i feel we have more charges on the account than what the actual debt is for, this does snot seem fair to me, any thoughts?

 

 

 

 

 

 

 

 

Your right, it is'nt fair, what I did was just ignored them for a while until I was ready to put pen to paper. Don't let them get to you and what I found was the more you respond to there silly demands the more they will make more demands of the same..

[Crocdoc]

Take them on, as with all of these companies if they can charge £30.00 per letter it encourages them to write as it is a nice little earner or [problem] depending on how you look at it.

 

Calculate the charges and write back demanding the refund of all charges as it does not represent the actual loss.

 

Any time I do these type of claims I always state in the letter that the Supreme Court Judgement relating to bank charges does not apply in this case as they will almost inevatably try and hide behind this ruling.

 

Don't take any of their s--t

 

Charging people who are in financial difficulty has become a lucrative industry

[little_evo]

Thanks doc for the reply, i do know that there are quite a lot of excess charges of either £30 or £40 on the account, with regards to quoting the SCJ about bank charges will the same apply to TFC and their letter fee charges, as i once had a phone coversation with an "operator" at TFC about those charges, they informed me that they are legal as they have to employ someone to write it, put it through a franking machine, plus i remember them saying the employee has to have a computor to type it up on, a desk to sit at and a chair to sit on, that is why they can charge the £30 penalty fee.

[Consumer dude]

Thanks doc for the reply, i do know that there are quite a lot of excess charges of either £30 or £40 on the account, with regards to quoting the SCJ about bank charges will the same apply to TFC and their letter fee charges, as i once had a phone coversation with an "operator" at TFC about those charges, they informed me that they are legal as they have to employ someone to write it, put it through a franking machine, plus i remember them saying the employee has to have a computor to type it up on, a desk to sit at and a chair to sit on, that is why they can charge the £30 penalty fee.

 

 

 

 

 

 

 

Save the letters, and write them a letter telling them that the account is in legal dispute..

[little_evo]

Sorry to sound too dumb Dude, but what is "Legal Dispute" and how do "I" enforce it?

[Conniff]

If they think they can charge you £30 for a letter, you can do the same, there is nothing that says otherwise.

So send them lots and knock your bill down by £30 each time.

[little_evo]

I like the sound of that Conniff, but exactly how do i do that? Sadly i don't think the people at TFC would go for it myself!

[little_evo]

Well after a brief conversation Conniff i was reliably informed that the £30 charges stand as i signed the original agreement stating that i agree to all fees (Although it does not state what the fees are and how they are broke down). I did say that i would also send a letter back and subsequently charge them £30 for my time, and i was again informed that i cannot do so as they have not signed an agreement saying they accept this....

[Conniff]

What actually is the problem? You are in arrears but are claiming on the PPI, so what are you still being contacted about?

 

Have another look at the agreement and don't take their word for it. It will probably say all 'resonable' charges.

[little_evo]

HI thanks for the response, i shall try again to explain, after being made redundant i was unable to fulfill my obligation to the agreed contract. I called in the PPI which we had on the account, but this has now ceased to be valid as it was only for a 12 month period. During this time the PPI company made infrequent payment to TFC hence buliding up missed payments on the account at £30 a time. After contacting TFC i have been informed that payments made by the PPI company have directly been taken of the arrears as opposed to the outstanding balance. I questioned their fees and what they accounted for and all i got was i signed an agreement and that was final, when i took your approach (however noble it was) i was again informed that they have not signed anything to accept my cost of letters at your advised £30.

I have defaulted due to redundancy and have amassed quite a hefty sum of late charges and asked for a lower payment plan which i believe i will end up paying more over the long term.

My original question was, quite a while ago, (due to telephone hassassment) i sent TFC a letter asking for all communication to be done so via letter only. I have received 2 letters in 2 days and i am due another one by the end of the week (as told by the operator yesterday) due to the fact i have missed this months payment, now this adds up to £90 (plus i presume interest on the account...?) and my monthly installment is £100, can they send so many letters out and charge so much and out of my £100, £10 will go off the balance and £90 in fees and charges.

[little_evo]

Received today a letter from the Funding Corps stating a Notice of Termination due to £200 worth of arrears (Which accounts to 2 months plus i would imagine fees, late payment charges etc etc).

 

I have recently in the last 3 weeks sent them an SAR with the enclosed £10 fee, which they have cashed, but also received a letter stating they need proof of who i am with regards to the SAR.

 

Due to financial difficulties and redundancy it is a little hard to keep up with payments of £100 per month (re-arranged contract in which i did not sign just agreed over the phone), i had a conversation with them a few days ago, and was advised to VT the car. Now the car is only worth about £1000 max (private sale i would imagine) and i would imagine the car would go into an auction, they would need to collect the car, and all the ins and outs of that would mean i would probably be paying them more as the car would not sell for much, plus the outstanding balance...?

 

What would anyone advise on my next steps, continual phone calls and letters and ignoring my reasoning of a 3 month lower payment until i get back on my feet again, i am not hopeful of the SAR coming through as i refuse to send them any further details of who i am as they send about 5 letters per week to me at my address so i think they know who i am and where i live is evidence enough...?

Thank you for reading.

[Conniff]

Do they have a copy of your signature??

 

Are they asking for anything specific to identify you??

[little_evo]

Thank you Conniff for the reply, i would imagine they have a copy of my signature on the original agreement, this would be the only copy that they would have.

 

Also received in a seperate letter today, an expenditure form asking details of my financial status.