Cabot/Restons claimform - old funding corporation car finance debt [car faulty-VS ]

[theoldrouge]

From the FCA CONC 13

 

(3) If the recipient considers that another person is the lender or owner, the recipient should either inform the applicant of who it considers is the correct recipient or pass the request on to that person.

 

They cannot possibly claim that their solicitors are the lender or owner

 

Jones v Link Financial confirmed their responsibilities

[dx100uk]

no CCA is fatal to their claim

their problem not yours

you are in a very strong position as it stands..

[geoff78]

Hi, I've heard from the ccbc that this claim has been stayed, so I guess just have to wait and see what happens next, if anything.

Have also sent a reminder that the sar is overdue.

Thank you to everyone on here for they're help and a donation is coming on payday.

[dx100uk]

Ccbc don't write on stayed?

You mean its on line?

[geoff78]

No, I called them. I did call them a couple of weeks ago but they said there was still a couple of days to go for the solicitor to respond to the defense so to call back in a week or so.

[dx100uk]

so the claim is stayed then

 

 

what date did you file your defence?

 

 

dx

[geoff78]

sorry for the delay coming back on, laptop playing up and not sure how long it will last for.

 

the defence was filed on 17th Feb.

 

i thought it should have been stayed sooner than they said but i may have got my dates worked out incorrectly.

 

ive received the sar back and on the modifying agreement it has my exwifes' signature ( although she can't recall having signed it ) and under hers is my name signed in a way i have never used.

 

its also dated 2 weeks after their comms log says the reschedule was approved.

 

the comms log also states that they called me and i agreed to it.

I have no recollection of this call,

i cannot imagine i would have agreed nearly £7000 being added in interest when the car was only worth around 4,000 at that time.

[dx100uk]

the claim is now stayed then good

 

what you have in the sar keep to yourself.

 

not surprised you've found dodgy dealing

sadly 99% of TFC stuff as with welcome finance stuff

is always doctored

 

truth will probably be you didn't do those things

just like you say but one of their operators did it.

 

just like welcome finance staff used to sign refinancing agreements when they were reviewing customer files.

[theoldrouge]

If the claim did proceed we would need to see the SAR

 

As DX says probably loads of dodgy dealing gone on

[NoAxeToGrind]

anything about BOS

 

Bill of Sale would be irrelevant here for two reasons (i) would not pass under the assigment of the debt from the original Creditor. So the amount assigned was unsecured at that point; and (ii) expires after 5 years anyway. The BOS and the CCA agreement are separable documents and the CCA agreement survives without the BOS.