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    • Hi, I am a local authority tenant and was in a 3 bed house. At the end of last year, my last child moved out and so did my spouse as we are now going through a divorce which meant that I was in the house alone and decided that I needed to downsize not only for myself but to offer the property to a family that needed it. I registered on the local authority housing bidding site as i was asked to do and I was accepted and given a priority banding as I was downsizing and they were desperate for my house. I have been extremely lucky and after about 6 weeks was accepted for a new build from a housing association via the housing gateway. I viewed the property 2 weeks ago and had to sign the tenancy last week when they were doing bulk signups for the houses and that is the day I moved. In between viewing and sign up, I contacted my current local authority landlord and asked how I give notice as I had been accepted for a property I had bid on and was moving.  The lady told me how to do it online and then said that I needed to give a full weeks notice which wasnt a problem as I had enough time.  (I was also told a weeks notice was what i would need to give by another staff member about a month ago when I phoned up for another housing related question.  I dont have any of this in writing.) I have now moved, handed back the keys and I am now being told that I need to give 4 weeks notice which I cannot afford. I hav e spoken to the council again explaining that I was told a week and that to be honest, if I knew they were going to charge me 4 weeks I would not have been able to move and would have stayed in the other house.  I thought I was doing the right thing. They said that calls are recorded and they asked me when I called in and was told a week and they would listen to the telephone conversation and if it was correct what I was told, they would see what they could do to reduce the notice period. They have now emailed me back and said that they have listened to the conversation and the lady said 4 weeks notice and I am liable for 4 weeks rent.  Now I may well of misheard her when I thought she said a full weeks notice she may have said 4 weeks notice but I am sure she said a full weeks notice and i was told a week by another member of staff a few weeks ago. I have emailed her back and said that I may of misheard but I would like to listen to the phone recording myself.  As yet they havent responded. I think its unreasonable for them to make me give 4 weeks when I had to sign the new tenancy with little notice or loose the property.  And it was all done through their gateway, and they will have a tenant in there pretty much straight away getting rent from them. I am on a very low income, I am on my own, I have serious medical issues and I am really getting myself stressed out over this. Any advice would be so appreciated.  Can I insist they let me listed to the recording? RH  
    • Susan Crichton is at the Inquiry today. She seems to have trouble remembering a lot of things but seems to find it easier if it's something that shows her in a good light.
    • Send them a letter of claim straightaway. No point hanging around. Given 14 days in the letter of claim and if they haven't paid you by then, issue the claim on day 15. The amount of time is more than adequate for them to get going. Post your draft letter of claim here. A look at. Then log onto the MoneyClaim website and start preparing your claim and post your particulars of claim here for us to have a look at. Don't bluff. No point in it.
    • That's what we thought, but the store manager is inferring that, as the jeweller we used was not a member of the NJA, no one  would give what he said, any credence. The Jeweller we used is in fact, a long established, well respected company, with 2 store and rather than just being a retailer, they craft the most exquisite jewellery inhouse!  I wish my Fiancé would have bought from them rather than H Samuel! Do you think we do need to get another report from and NJA accredited Jeweller ?
    • Really pleased that you won. UKPC know that you have supremacy of contract but still they persist because so many motorists blindly pay them.   Muppets.
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      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.

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The Funding Corporation: successful FOS PPI claim: then car repro, then SD - now claim form HELP!


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Thankyou, that is very interesting, on the stat demand it only mentions the bill of sale agreement , not the original credit agreement which i assume could be invalid due to the FOS action against it.

 

GDC

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My 18 day deadline is up on saturday so i will be applying for a set-aside on thursday as i have not received a satisfactory response from TFC so far, could anyone give me some pointers on how to fill in the 2 forms and can i simply take them to the court and ask them to witness the affadavit?

Thanks.

GDC

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Thankyou 42, thats great info.

I have been informed by TFC that they intend to repossess the car to sell against the outstanding balance, i am quite happy for them to do this as the car is in good order and still worth a good price but i'm not sure how it affects the stat demand, should i continue to apply for a set aside or does the repo constitute having come to an agreement with TFC?.

Thanks

GDC

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  • 2 weeks later...

Ok , car was handed back to TFC over a week ago now, put in my application for set-aside at exeter county court and have a date for 25th june, just need to serve on the TFC representative now.

Do these muppets usually turn up to court or am i going to be a crowd of one??.

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  • 2 weeks later...

Ok, went to court, TFC sent a local solicitor, nice enough guy but had no clue about the case, he brought some paperwork with him that was supposed to be in the post......?..

As the car has not been sold yet, the judge granted an adjournment and didn't seem too happy about the car being sold at a site in leeds instead of somewhere local that would have been cheaper.

So, TFC have until end of october to comply or its back to court.

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  • 3 months later...

I have been fighting a car finance company over mis-sold ppi for some time now and the point i have reached is this.

The finance company repaid the ppi premium as per an upheld complaint to the FOS but did not fully comply as they refused to restructure the outstanding balance of finance, as a result of this i refused to make any more payments to them until the situation was resolved.

The finance company then issued me with a statutory demand for around £3000 to which a replied by applying to the court for a set-aside and also agreed to hand back the car to offset as much of the outstanding debt as possible.

At the court hearing the finance company sent a local lawyer who immediatley asked for an adjournment pending the sale of the vehicle which the judge agreed to.

The car was sold at auction and the outstanding amount is now £1250 to which the finance company have added £250 costs from the court hearing ( even though no costs were applied for , or granted) and are refusing to withdraw the stat demand.

I have until the end of october to ask the court to to re consider the setaside or the case will be struck out so the question is , should i keep after the finance company through the court or will they actually attempt to bankrupt me for £1250.

Thanks.

Gavin

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I am employed full time, i don't own my home and i have no savings.

I also have 4 dependants and own 2 fairly old cars.

Also to clarify, i'm not trying to avoid paying anyone but the finance company were in the wrong to begin with , hence the upheld complaint with the fos so i am fully prepared to go back to court, i'm just gauging opinion if its worth the effort and if it could be in the interests of the finance company to attempt to bankrupt me for just over a grand or if they would let it go to collection.

GDC.

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It's quite unusual for a company to threaten BR where the defendant has virtually no assets. It's a double edged sword really because BR fees are almost £500 if you declare yourself BR but much higher if a comapany does it. Might be worth writing to them explaining your situation (a rough outline will do, don't give them too much info).

 

Would your job or house be at risk if you were made BR?

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We are a long way beyond 'letters explaining', this has been ongoing for almost 3 years now and only came to a head when the company was forced to pay me almost £4000 in mis-sold ppi.

My house is a council house and i am a lorry driver by trade so bankruptcy would not make any real difference on that front, the finance company in question are persistent liars and use very suspect business methods so i'm not confident that they (or one employee in particular) would not attempt proceedings out of pure spite.

I'm confident that i have a very good case for set-aside and they have had the car back which should go towards the "fair offer of settlement " part of the stat demand but its another day off work and more time spent peparing a case and i have spent more than enough time arguing with these idiots, its just going round the houses all the time with the company refusing to finally admit they were wrong despite a fairly strong telling off from the FOS ( they attempted to re-write financial law) .

GDC

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I do understand your situation but the SD has to be taken seriously unless they contact you in WRITING to advise that they are discontinuing. Even then, I'd go for a wasted costs order against them but it's your choice.

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  • 2 years later...

i received a full refund of ppi through the ombudsman in mid 2011,

i then handed the car back to them (FC) which they transported from devon to manchester??

to sell as they issued a repossession order against me.

 

After a few months they issued a default statement against me,

i took them to the county court to have it reversed and the judge told the lawyer they had sent that he was wasting everyones time

and that FC were on shaky ground having already lost a claim against them through the FOC,

 

i didn't hear anything from them for about a year and then received a standard issue 'you owe us money blah blah' letter.

 

Today i received a money claim issued through NCC claiming just over a thousand pounds

and threatening repossession of a car that was returned almost 2 years ago.

 

I intend to dispute this and have registered with MCOL

but the site says i should have a claim no/password issued with the defence pack

but i can't figure out which one is which.

 

...i have tried to register on the day i received it (today).

.is it too early?.

..thanks

Gav

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I have merged your various thread with these people

and you most recent post on someones elses thread

please keep to this thread

with any more issues/question

 

posting on threads +2yrs old will see you get no replies.

 

use this one now

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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your post is 2 msgs up.

 

your post 35 here

was posted to this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?80677-The-Funding-Corporation-PPI&p=3854195#post3854195

which was not your one [ no worries easy made mistake]

I have moved it [its post 35 above]

 

to show the whole story of your dealings with the TFC

I have merged 5 threads that were all about its passed

 

and now you are here with the claim form latest.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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