defaulted car loan with The Funding Corps

[Conniff]

So has the original agreement been superseded by a new agreement made over the phone?

[little_evo]

Yes as the original payments were for £200, i called them up to inform them of redundancy some time ago and they agreed for lower payments of £100 per month instead, all was going well until i could not really afford the £100 per month.

[little_evo]

I was told that a new agreement would be sent out to us, but it never showed up but carried on with the £100pm payments as this what was agreed over the telephone

[Conniff]

It sounds to me if they don't have an agreement and without that, they can't enforce payments.

 

You should write to them again (recorded) and tell them that as they consider the addresss to be proof enought to write to you, no further proof is required and the original date of the SAR still stands.

 

Sending you a pm

[little_evo]

Thank you.

[little_evo]

Great, surely this can't be right...

 

After SAR'ing TFC some time ago (and they have still failed to acknowldge my request, but cashed the £10 postal order in which i sent) the account has now de-faulted which i was aware of happening.

Is it right and perhaps legal to send out default letters at £30 each to let me know i am late paying? As i have had 3 so far this month totalling £90 in late payment fees and charges. My monthly payment is not much more than the fees they have added to the account, thus doubling the amount i have to pay to them.

[little_evo]

Very briefly, i have sent a CCA request followed by a SAR request to a finance company back on 7th June requesting all information they hold on me as i believe the agreement has some issues.

 

I received a letter from them soon after (14th June) asking for proof of my identity. I sent them a letter stating that i feel this is not needed as they regulary send sensitive letters addressed to me at my present address.

 

They are continually calling (landline) and sending "Account Terminated" and "Final Notice" letters to me at my address.

 

I beleive the 40 day limit is up sometime soon (tomorrow i think if you include weekend days and not working days)

 

What should my next course of action be with regards to the lack of SAR..?

Any ideas...?

 

Thank you

[MARTIN3030]

A data controller can refuse a request if they are not satisfied that it is the subject making the request.Very often they will use this for staling.

 

Ok I suggest sending a copy of your passport,drivers licence,or similar-with your sig blocked out.

Tell them that you regard this as adequate proof and that you expect compliance immediately.

Send this recorded.

 

Who is the company as a matter of interest ?

[little_evo]

Hi Martin thanks for the reply.

 

I have a huge folder containing all the letters the company have sent to me in the past. (Including statements, letters of default, termination of contract and final notice letters amongst many many others)

I do understand that if they are not satisfied with my identity they can ask for proof of who i am, but considering the amount of letters i have received and the sensitivity of those letters, i am sure they do not doubt who i am. I refuse to send anything to them on this basis and requests for my signature seem suspect in the very least...

 

Oh and the company...

 

The Funding Corporation...

[Consumer dude]

Hi Martin thanks for the reply.

 

I have a huge folder containing all the letters the company have sent to me in the past. (Including statements, letters of default, termination of contract and final notice letters amongst many many others)

I do understand that if they are not satisfied with my identity they can ask for proof of who i am, but considering the amount of letters i have received and the sensitivity of those letters, i am sure they do not doubt who i am. I refuse to send anything to them on this basis and requests for my signature seem suspect in the very least...

 

Oh and the company...

 

The Funding Corporation...

 

 

 

 

The Funding corporation, now don't get me going about them..

[little_evo]

Oh please do enlighten me, as i seem to be having a torrid time with them at the moment

[cerberusalert]

Oh please do enlighten me, as i seem to be having a torrid time with them at the moment

Some customer reviews here;

The Funding Corporation (Financial Services) : Plebble.com

[Consumer dude]

Oh please do enlighten me, as i seem to be having a torrid time with them at the moment

 

 

 

 

 

 

 

 

 

I would as a matter of urgency change your landline number as they will never stop phoning. My OH had them phoning her as soon as she came in from work demanding money and putting pressure on her. I decided to change the number as the pressure was putting unbelievable strain on our relationship..

[MARTIN3030]

Hi Martin thanks for the reply.

 

I have a huge folder containing all the letters the company have sent to me in the past. (Including statements, letters of default, termination of contract and final notice letters amongst many many others)

I do understand that if they are not satisfied with my identity they can ask for proof of who i am, but considering the amount of letters i have received and the sensitivity of those letters, i am sure they do not doubt who i am. I refuse to send anything to them on this basis and requests for my signature seem suspect in the very least...

 

Oh and the company...

 

The Funding Corporation...

 

 

Yep I get what you are saying-but they DO have this to hide behind under the DPA unfortunately.

Theres no obligation for you to give a sig.

[little_evo]

We have considered changing our number also, but before my redunadancy they continually phoned my place of work also, which was not appreciated by my manager

[Consumer dude]

We have considered changing our number also, but before my redunadancy they continually phoned my place of work also, which was not appreciated by my manager

 

 

 

 

 

 

 

Have they cashed the ten pounds up which I assumed you sent off as part of the subject access request ?

[little_evo]

Dude, yes they acknowledged the letter and have cashed the £10 postal order in which we sent back on the 7th June.

[Consumer dude]

Dude, yes they acknowledged the letter and have cashed the £10 postal order in which we sent back on the 7th June.

 

 

 

 

 

 

 

 

Well in that case, I would be saying that the fact they have cashed the money sent with the subject access request they have excepted your request for the data you requested.

 

Keep everthing in writing and do not talk to them over the phone at all..

[little_evo]

Thanks, i was on the understanding that if it was cashed they accept the request, but i was not surprised to see the "Prove It" letter in the post, i have not sent any confirmation as to who i am as i feel like i mentioned before they know full well who i am considering the phone calls i have and letters i keep receiving.

 

As i think the 40 days are up in the next few days what plan of action whould i now take with them...?

[MARTIN3030]

Send them the non compliance warning letter.

Dont forget-a complaint to the ICO will need to be supported by their Comms to you (copies of) so the ICO will want to know why you didnt provide some proof of ID after they asked.

I know this is a pain in the A**

[little_evo]

Thanks again Martin, the reason as i have said before is pretty straight forward, i have just counted last weeks letters and they add up to 4, plus the countless times they are trying to call on the landline...

[Consumer dude]

Thanks, i was on the understanding that if it was cashed they accept the request, but i was not surprised to see the "Prove It" letter in the post, i have not sent any confirmation as to who i am as i feel like i mentioned before they know full well who i am considering the phone calls i have and letters i keep receiving.

 

As i think the 40 days are up in the next few days what plan of action whould i now take with them...?

 

 

 

 

 

 

 

I believe you can take it up with the information commissioner.

 

Type that into your browser and it should take you to there site..

[Consumer dude]

Send them the non compliance warning letter.

Dont forget-a complaint to the ICO will need to be supported by their Comms to you (copies of) so the ICO will want to know why you didnt provide some proof of ID after they asked.

I know this is a pain in the A**

 

 

 

 

 

 

 

I would just say the fact that they had cashed the postal order is acceptance to me that they have accepted my request as the request with the money arrived together..

[MARTIN3030]

I have really only had one or two stallers from my DPA requests-and have made prob 30 since 2006.

 

One was Citi Financial who insisted on filling in their form.

Of course I disregarded it.

They then went on to demand proof of ID AND Address despite me having docs and letters from them which equalled a Yellow pages.

 

But having studied the DPA I saw there was arguement there for them -so just sent a copy of the Electricity bill and passport.

 

They then complied within a matter of days.

[MARTIN3030]

Data Protection Act 1998 (c. 29)

 

see part II section 7