Jump to content


  • Tweets

  • Posts

    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

defaulted car loan with The Funding Corps


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5014 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi thanks Nish for the post, at the time all is quiet here, but still are being bombarded by TFC for payments, even though i am out of work. Is there anyway of perhaps negotiating a token payment to them until things look a little brighter?

Link to post
Share on other sites

  • Replies 131
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Nish too be blunt I didn't know the site existed.I found it by accident.I was very heavily involved with all complaints that are referred to and I just wanted to offer some advice.The offer still stands.

Hi Ted sorry to sound a bit blunt, but if you USED to work for TFC why have you only just registered here? it is known TFC come on these pages.

 

Evo, i can sympathise with you but what has been said on this thread is true im afraid.

The TFC say the car is only worth £800, but that is to them, a private sale would get what would be nearer the true value, but obviously you cant sell it cos of the finance etc.

 

Wether this will work i dont know, but give the paperwork to a debt solicitor, i know a very good one if you email me ill give you their details, if anything happens to be wrong with the paperwork, you can dispute it, and once these solicitors get hold of the case, you can stop paying them altogether (ill add that it may not happen so pay till told otherwise, i am currently in that situation, i have not paid my agreement for 4 months now, and as papers have been filed they cannot contact me and cannot take action).

I hate these muppets at TFC, I am so close to wiping the smile off their faces i cannot wait, just for the record i owe £15000 and they are being sued to write off the debt and for the £5500 ive already paid, happy days

Link to post
Share on other sites

Have been on the phone to HSBC with regards to the RTA i was involved in with said car from TFC. Now they informed me it is "borderline total damage", meaning i guess they are 50/50 in writing this car off.

 

Now i have an outstanding balance of about £10k on the car, i requested a settlement figure back in the autumn they quoted £6k. Now if they do decide to write the car off and pay me say £3k for it, could i not then claim back all the PPI (£42 per month since the car was purchased) and £850 i paid for a non existent warranty, and effectively pay the car off on the settlement figure?

 

Any thoughts???

Link to post
Share on other sites

Hi all,

Just a quick update with regards to TFC, today i received 2 letters yes 2 letters at a cost of £60 which will go to the ever growing "Arrears" account. One was for a late payment, and the other more serious with regards to a Final Demand, Pre litigation notice.

 

After calling them they are pursuing the debt of the car in excess of £10k, even though they know i have just been made redundant and the PPI claim is taking longer than it should, they said i could re-arrange payments until the PPI is sorted or until i find another job, i said i can make £5 per month until either the PPI or job find is successful, and they said no.

 

I explained the PPI company will not call them to see whether it has been accepted or not, and TFC will not call them either, so i have to do the chasing it seems.

 

Currently i am paying £100 per month (£42 of which goes towards PPI), if and when te PPI is sorted will the PPI pay the £100 per month or the original agreement of £200 i was paying before i defaulted?

 

Any thoughts.

Thanks

Link to post
Share on other sites

I do have PPI, and am currently waiting for that insurance firm to see whether i am "eligable" for it to be paid out...

 

This seems to be taking a long time. Redundancy comes under a PPI, that is what you take it out for, so there isn't much looking to do to see if your eligilble.

Get on to them and if they say you are not, then ask what it was for (should be in your copy of the policy anyway) and tell them you will be claiming back all the premiums you have paid.

Link to post
Share on other sites

Hi again i was told the PPI will be dealt with by friday at the latest, also TFC still want 3 months worth of payments from me, whilst the PPI company sort this out, and considering i have no job (through redundancy) i have no loose cash to pay them. They sent 2 letters today as per previous post, they know full well i have no job but still send letters at £30 a pop. I think just to bump up my arrears on the agreement.

Link to post
Share on other sites

  • 8 months later...

Hi all, i was wondering if any of you good folk can help me here.

 

I won't bore you all with the horrid details just yet, but we have found out that the insurance company (PPI) paying the car finance have allegedly stopped paying the finance on the car.

 

Late last week, i had the scruffiest piece of paper shovved through the letterbox to call a mobile numer and a name (no header or company name etc). Also it seems that the person has tried to call several occasions over the last 2 weeks or so.

 

Well this morning at 9:45am i had a call from the person who put the piece of paper through the letter box, asking for me. I asked who was calling and the reason, they would not tell me, so i duely hung up.

 

This got me a little vexxed so i asked my sister to call on my behalf to see who it was and the reason for calling.

 

They informed her it was from the car company and they were acting as an "outside agent" and asked about the full payment on the car or they would repossess it.

 

Firstly i asked for them in a letter Nov 08 to not to call and would only deal with them in letter form and asked if i could VT the car, to which i was told a point blank no.

 

Secondly, can companies call you on a sunday or have their associates to call and leave notes (as this is all it was) when i asked for them not to do this?

 

Any help would be appreciated.

Thanks for taking the time to read my post.

 

:)

Link to post
Share on other sites

Interesting.

 

I'll try to put your mind at rest a little.

 

OFT guidelines say that debt collection agencies can only work between certain hours. They can call on Sundays and as I understand have to display a number. There is also a set pattern that finance companies have to follow.

 

Personally I think this post needs to be re directed to the debt collection one.

Link to post
Share on other sites

HI thanks for the replies, just to make things a little more clearer and to answer your questions.

 

The finance is a credit agreement with THE FUNDING CORPS, the insurance company paying them is THE DIRECT GROUP (PPI)

 

With regards to your point Heliosuk, when the person called on sunday, they with held the number for which they were calling from, (presumably a land line). I had the piece of paper (just a scrap piece of A4 ripped up in half) in which the mobile number was written on. When they called my wife answered and when she asked all the whos and whys etc they would not tell her who he was and why he was calling, it was only when my sister called he told her who he was and why he was calling.

 

Thanks

Link to post
Share on other sites

Hi all, i was wondering if any of you good folk can help me here. I have previously posted this in the car sectiion, but was advised to move it to the debt collection posts.... so here goes...

 

I won't bore you all with the horrid details just yet, but we have found out that the insurance company (PPI) paying the car finance have allegedly stopped paying the finance on the car.

 

Late last week, i had the scruffiest piece of paper shovved through the letterbox to call a mobile numer and a name (no header or company name etc). Also it seems that the person has tried to call several occasions over the last 2 weeks or so.

 

Well this morning at 9:45am i had a call from the person who put the piece of paper through the letter box, asking for me. I asked who was calling and the reason, they would not tell me, so i duely hung up.

 

This got me a little vexxed so i asked my sister to call on my behalf to see who it was and the reason for calling.

 

They informed her it was from the car company and they were acting as an "outside agent" and asked about the full payment on the car or they would repossess it.

 

Firstly i asked for them in a letter Nov 08 to not to call and would only deal with them in letter form and asked if i could VT the car, to which i was told a point blank no.

 

Secondly, can companies call you on a sunday or have their associates to call and leave notes (as this is all it was) when i asked for them not to do this?

 

Any help would be appreciated.

Thanks for taking the time to read my post.

:)

Link to post
Share on other sites

hi little evo, think is we need a bit more info regarding your car and finance to be able to help you the little details dont bore anyone but gives a better picture, see points

1, when did you take out the car finance and who was it with.

2, how long was the finance for in years,

3, when did you stop paying and why? and how long has dg been making ppi payments,

4, would be helpful if you have your agreement and could post it here, if not get a cca request off to original creditor asap, could do that anyway but dont tell them if u have original, send a £1 postal order with it and dont sign anything and dont deal with over the phone at all. hope we can help

Link to post
Share on other sites

Hi Tigga, thanks for the reply.

To answer your questions, i purchased a car from Carcraft in May 04, TFC supplied the credit agreement (as opposed to HP) (loan?) I got into trouble when the car broke down within 12 months of purchasing the car (head gasket damage along with valve damage to the cost of £1400) to pay for this i explained i had to miss a few payments, to whcih they agreed, then as usual TFC sent out letters, calls, texts etc. (all of which were charged even though they knew of the situation) I asked if i could VT the car they declined, i asked for the payments to be defaulted (lower payments), for which they agreed. All was going according to plan and not really much bother until i got made redundant last Nov 08, i called and explained and they informed me i had PPI, (for which i did not know about) i contacted Direct Group, and they said they would be making payments so long as i got the ABI 1 forms from the job centre. I have been doing this since January (as they said i had to wait 60 days for the PPI to take affect).

 

Since then i have heard nothing from TFC or DG so i assumed payments have been going through. I have called them both to make sure.

 

Over the last 2 weeks or so, we have been getting phone calls and leaving no message, end of last week as mentioned i got a scrap piece of paper through the letter box with a name and number that was it.

 

Yesterday morning 9:45am we got a call, no name no reason for calling etc, until i got my sister to call and she was told it was an "outside agent acting on behalf of TFC to make full payment or take the car back"

 

Is it OK for them to call on a sunday and for them not to leave a reason for calling, ripped up pieces of paper to call them back with no header company name etc?

Link to post
Share on other sites

right first thing i would do is get a cca request sent off to tfc, there is a letter in templates and give them 12+2 days to reply when you get it post on here , if you have original copy can you scan it and post it up remove all personal details, so we can look at it also if you have docs from direct group if you can do same and it can be looked at, to see what small print says,if they dont reply within timescale its your right to put the account in dispute till you get copy and withhold payments.

 

Have you rung direct group to see why they arent paying your ppi, my guess is they are in the sticky brown stuff with welcome finance.

 

more advice if you can post these docs, if you need help shout and dont talk to these morons on the phone

Link to post
Share on other sites

Hi again, well everytime i seem to call either TFC or DG, they will not talk to one another, leaving me as in one instance, calling TFC then calling DG to tell them what TFC said, for me to call back TFC to let them know what DG have said.

 

As i understand the PPI payments will stop 12 months after i have been made redundant, for which i am not too worried about right now (i will cross that bridge when it comes), but are they entitled to call and leave papers through the letter box without any reason.

 

If my sister had not of said who she was and i believe the guy who called broke some kind of Data Protection Act as well in by tellng her who he was and where he was from. My grudge at the moment isn't so much of the lack of PPI payment to TFC, as i beleive (i hope) this is just a glitch, but the fact that they can call on a sunday and not tell you who they are and what they want you for and leaving post it notes through the letter box, with nothing but a name and a number on it.

Link to post
Share on other sites

Under OFT guidelines and English common Law Debt collection agencies require an appointment to do home visits, send them a letter saying you do not agree to any such apointment and if they send anybody around again it will be deemed tresspassing and you will call the police. There will be a template for this letter on this site. Also google oft debt collection guidelines, print off the pdf and then highlight the relevant sections and attach this to the letter.

 

Write to the OFT complaining about their behaviour especially discussing the account with your sister a clear breach of data protection act.

 

Good luck, do not let these scumbags get to you.

 

Regards

Link to post
Share on other sites

Hi Ruddockus, with regard to your post, we did infact send a letter (and called to verbally explain) to them (TFC) stating we did not want any telephone calls, unwanted door stops, or text messages from them again (this was Jul 08), as we would deal with them in writing only. Only to be told that they were and quote "A telephone based company only". And that if it continued i would be in contact with the police for hassassment.

 

I feel now that they have gone too far and why they cannot contact DG themselves is beyond me as i am on the understanding that TFC and DG are one of the same company..?

Link to post
Share on other sites

Well, just a little update, literally 10 mins ago, my daughter informed me of a knock at the door.

I opened it (with catch on) and the guy immediately asked for me. I saw from his papers he was from TFC, and asked about the car, i duely asked him in a nice manner to leave, he persisted, whilst his wife sat in their nice new shiney Merc convertiable. I shut the door on him...

 

Now what makes my blood boil, is that i called TFC on monday with regards to the persistant calling, texts and now door stop callers, and asked them NOT to send anyone round as their insurance company "Direct Group" should be paying the payments due to redundancy.

 

This is twice in a week that the guy has called asking for me and the car. Do they not listen? What can i do seriously? I am literally at the end of my tether and to call mid cook of sunday lunch just peeves me off even more.

Link to post
Share on other sites

  • 2 weeks later...

Hi all, sorry if this sounds jumbled up, but i am in quite a state.

 

I have just had 2 telephone calls from an Agent from 4 Point Financial Services about repossesion of the car.

 

Firstly my wife answered the phone and asked who it was, they would not say who they were and what they wanted, it ended up in the "agent" swearing at my wife.

When i called, i barely got his name and who he was "supposed" to work for. (He said he worked for quite a few companies)

He informed me he worked for "4 Point Financial Services" and that he was coming round to cease the car or to pay an unpaid debt. He informed me he worked for a "number of companies" of which i could not get any names or numbers so i could call and complain about his behaviour.

 

Now the unpaid debt, is being dealt with through the PPI claim and i called the originating lender of the finance (car) asking why they are sending our agents to my house, calling my telephone (I also asked the originating lender only to contact me through letter only and no direct callers or door stop collectors) when the claim is being dealt with through the PPI company. I was informed that they had not received any monies for a number of months, although i have been sending in AB I1 forms to them. They also informed me that the finance is now closed and they want to recover the car or the loss of payments. I asked them if they had contacted the PPI company as to why, and they told me they do not do that and that i should intervene.

 

Now...can they just come and collect the car as the agent said or is there something i can do?

 

Little worried and worked up :(

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...