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approved car finance of dukinfield and the Funding corporation


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i purchased a car through approved car finance of dukinfield and the Funding corporation did the finance this was in February 2005

 

from day one the car was faulty breaking down and sometime not starting

 

 

my wife drove it back a few days later only to break down on a busy main road on the way there

putting herself in danger

 

 

she phoned the RAC who towed it to the approved car finance garage

and they wanted it left so they could look at it

 

 

my wife had to literally beg them for money for a taxi home as we lived 30 miles away.

 

 

the problem was never fixed

they said it was an intermittent problem and they never fixed it all the time we had it

 

 

the final straw came in August 2006 it broke down outside my home

and it was stuck on the drive

 

 

i refused to pay anything else until they fixed it

so they repossessed the car in January 2007

and the funding corporation have assigned Apex credit management to pursue me for an outstanding balance of £7556

 

 

i written to the high court a few weeks ago for a copy of the bill of sale

and got a letter back saying there was no bill of sale ever registered

 

 

they have taking the car illegally

sold fault goods in the first place

and are guilty of harassment

 

 

i am thinking of going for a conversion claim but i do not know how to do this.

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My Solicitor is now taking over this case, what makes me sick and disgusted is i have a son who has Autism and ADHD and will not travel on public transport so they have robbed him off a decent life opportunities by illehally removing the car i hope now that i win mega compensation enough to put these people in severe financial trouble.

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  • 1 month later...

Hi, j

ust so i understand,

they sold you a vehicle that was not fit for the purpose it was sold for

did nothing to rapir the vehicle for you,

then repossesed the car,

 

 

were you in arrears,

did you get DEFAULT,

 

 

it does sound like an illegal repo if they cannot prove there was a legally binding type of contract

between you ie BOS,

 

 

could also possibly come under mis representation act,

in that you were lead into taking out the finance agreement on the basis

this was done through the courts in order to make it legal ,

this never happened,

 

 

if the finance agreement is classed as a BOS by the finance company

then it would have to have have two signatures signed on the premises by there own staff.

 

 

It would then have to be approved by the supreme court of england and wales under the terms of BOS,

again if this was not done then they cannot enforce the contract,

 

 

it also appears they have sold the debt to either a DCA,

ie apex in pursuant of a debt that potentially could be unenforceable

 

 

, if it is classed as an illegal repo then,

you would be entitled to have all of the finance you have paid reimbursed,

plus the car back and any and or all costs incurred.

 

 

HOWEVER, if it is proven to be a different type of finance contract

then you should look into ruling this out immediately.

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