the funding corp - I have received court summons for the balance of £5000

[andyw76]

Morning all

 

Well I am still here after my court appearance lol. Yet again The Funding Corporation assigned an agent solicitor who they had not briefed properly so looked rather stupid. The Judge branded their response to my defense as "Wholly Inadequate". He also ordered that the CCJ is removed from my property and that the interim charging order is removed with immediate effect and that costs thus far are payable by them (unless we end up in court at a further date)

 

They have been ordered now to respond to my defence again (properly) within two weeks. If this is not achieved then the matter will be kicked into touch. If they do respond then he has ordered 42 days for us to sort the issue between ourselves otherwise back to court and it will be dealt with once and for all.

 

I still stand by the fact that I owe them nothing having handed the car back. Further investigation has revealed that I am only liable under the consumer credit act for any policies I may have taken out alongside the finance of the vehicle which i did but I reckon there is only £1k of that left but they have failed to apply the sale of the car £800 odd to the balance, so I reckon £1k - £800 is £200 I owe them but when you take into account the amount of time I have had to have off work etc... and the stress I think they owe me.

 

I live to fight another day and they have till 6th June to respond so lets see what happens.

 

A

[drob]

Hi Andy,

 

Excellent news!!! It's so nice to see the Judge having a go at The Funding Corporation and gives me hope in my ongoing battle with them.

 

I now have a firm of Solicitors looking over my Credit Agreement with them and is also acting on my behalf reclaiming my PPI. My Solicitor for some reason has taken an instant disliking to The Funding Corporation and is working on a no win no fee basis for me.

 

Keep up the fight Andy!!!!!

[andyw76]

Thanks Drob

 

Best of luck for you too !

[andyw76]

Do you think Trading Standards have ever been informed about these muppets?

[drob]

Hi Andy.........

 

Im sure Trading Standards have heard of The Funding Corporation and i think we all should stand up to this outfit and report them........

 

To be honest i am begining to run out of steam fighting The Funding Corporation, but im sure that is exactly what they want!!!!

[andyw76]

Hi Guys

 

Is the Bill of Sale required (and stamped by the high courts) if they wish to reposess the vehicle?

 

A

[drob]

Hi andyw76,

 

A bill of sale can only be enforced if it was properly registered. Since this is an expensive and difficult process, it is rare that this actually happens. However, failure to register the bill of sale renders it void, and so renders any security on goods void.

Enforcement of Bills of sale

Before you are required to give up your property, they must (if you ask for it) provide a valid bill of sale exists, that bears the stamp of the Supreme Court.