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    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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the funding corp worst company ever!!!


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hi andy, i`m new to the site but have been reading with interest the goingson of tfc. i too am having problems with these people.i got finance from these people for a car. in january of this year i thought i was halfway through the agreement and so decided to swap my car for a larger mpv. it came as a shock to learn that i had another 6 months to go to get halfway.after a chat with a salesmen i was told i couldnt swap it and it was only worth 1500 pound

the original price was £6500, so after paying the best part of £11000 i asked that they take the car back,they have sent me a default notice because i didnt pay aprils payment.

they are now going to reposess the car,but have told me that it will be sold at auction and whatever it makes will be deducted from the settlement amount of £7600 and i have to pay the remainder which could be over £5000.

do i fight them or just give in?:-x:(

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Hi again guys,

Everyone check their finance agreements if they are a BILL OF SALE they are null and void as they did not register with the London High court of justice. They cannot reposses your car if you have a null and void BILL OF SALE. We contacted CCLS credit counsel legal service, sorry guys i cant find the number but they are based in cheshire and know TFC well. DONT GIVE IN

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  • 2 weeks later...

I have wrote to The Funding Corporation for a copy of my BILL OF SALE and after 3 weeks i am still waiting.

 

A BILL OF SALE must be registered with the London High Court of Justice and it appears the The Funding Corporation do not do this making the BILL OF SALE null and void.

 

If they turn up to reposess your car, the collection agent must provide a copy of the registered BILL OF SALE, if they don't they can't take your car.

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hi guys

after reading the comments regarding a bill of sale, i have looked through all the paperwork i recieved from tfc. the only thing i have is the pre contract information.

should i have recieved a copy of the bill of sale?

i am not letting go without a fight.

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Yes you should have received a BILL OF SALE with the paperwork when you purchased the car.

 

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

 

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.

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To see if your BILL OF SALE has been registered i would send a S.A.R request to TFC and that way you will also see what charges they have added to your account and then if you think the charges are unfair you can claim them back.

 

Another way to see if the BILL OF SALE has been registered you can make a written application with a £40 fee (recorded/special/registered delivery)

 

Provide your name and address and of The Funding Corporation

 

The address is,

 

London High Court of Justices

Judgement and Orders Section

Room E15

Royal Courts of Justice

The Strand

London

WC2A 2LL

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hi drob

thanks for the info i really appreciate it.

tfc will be getting a letter asking for a copy of the bill of sale, i will also be writing to the high court at the same time.

i will let you all know what the outcome is as soon as i can.

;-) fingers crossed.

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Has anyone spoken to 'RORY' from TFC....He is so funny, ties himself up in knots, he will tell you its a bad line and ask for a number to call you back on just to get a contact number, then you will be bombarded with phone calls. Whoever invented Pay and Go mobiles, well done....So easy to change your number lol.

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Ask TFC to send you a copy of the stamped BILL OF SALE, unlikely you will get it as they never registered it!!!! They cannot take your car and do not surrender it. The problem we have now is they wont remove it from HPI register even though they cannot take the car. Does anyone know how i can get it removed????HELP!!!!!!!!!!!!!!!!!!!!!!!!!!. I have asked them to remove it but all they did was change the listing from HP agreement to Credit sale which is basically the same thing but worded differently!!!! So i cant sell the car. HELP!!!!!!!!!!!!!!!!

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Hi drob, we asked them for a settlement figure and they said £7,700, we have already paid them £7,200, so they are basically wanting nearly £15k for a car now worth £1700. We have been told they are now an unsecured creditor so just make them a reasonable monthly offer which we did but they wouldnt accept, we also offered to give them the car back in return for 'wiping the slate' but again they refused, they want a minimum of £6k. I would take them to court to get the HPI removed but i understand its a costly process!!!!!

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The Funding Corporation have today sent my executed BILL OF SALE. I don't think that the document is legal because of the following.

 

1. It clearly states that the document is "Affidavit on Registration of BILL

OFF SALE by way of security,

 

2. It was sworn and signed and stamped by Yates & Arden Solicitors in Ashton-Under-Lyne. It does states that they are a Solicitor of the High Court.

 

3. There is no official stamp of the London High Court of Justices.

 

4. It states the following " I was present and saw "drob" exexute the

BILL OF SALE on 23rd May 2004 yet on the BILL OF SALE i was

given when i purchased the car it clearly states that "This BILL OF

SALE was made between drob and TFC on 2nd June 2004.

 

5. The BILL OF SALE even has the incorrect car registration and

chassis number on it.

 

 

Please can someone have a look at the above points i have raised and offer me some advice on how i should deal with this,

 

Can anyone let me know if this is a true executed copy of a BILL OF SALE ???

Edited by drob
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Hi Guys,

Im not sure if this will help but ive found a number for Community Legal Advice based in Sheffield that we used to help with TFC 0845 456 6818. They know TFC well, drob, explain what you have received to them and they may help, you may need to email/fax/post them a copy, but worth a shot mate! Let me know how you get on?

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Hi Drob.. from what you have said, it doesn't appear to be a bill of sale.. certainly hasn't been executed if it hasn't been stamped by the High Court.. it sounds like its just a statement by a firm of solicitors to say they saw you sign the bill of sale BUT ! that doesn't mean the actual Bill has been registered in the High Court... also the fact that the chassis number etc is incorrect means that the document is incorrect in any event !!!

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TFC also sent me a statement of account that contains over £1000 in charges (Admin Fees & Default Payment Fees),

 

I changed my bank details and on 2 occassions i filled in direct debit mandates and returned them, TFC claim that they never received them so i now pay them by bank transfer. If my bank transfer is 1 day late TFC automaticaly send me a letter and the following day i get a default notice and they then add £60 to my account.

 

I am coming to the end of my agreement and have never missed a payment.

 

On my credit agreement i pay 45% APR for The goods and financial particulars but for the Insurance Products and financial particulars i pay 40.3%. Why is there a difference?

 

My credit agreements states that i should repay £15.304.20 yet my statement states that i should repay £15.410.09 so where have they got the extra £105.89 from????

 

I have now paid in total £15,581.49 so surely i have paid back all of my agreement????

 

I?m getting in a right mess!!!!!!!!!!

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  • 2 weeks later...

whitevanman1965, If by chance they do show up on Tuesday to take your vehicle make sure the repo men have the correct paperwork. They must have a true and executed copy of THE BILL OF SALE, stamped bt the High Court of Justices.

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hi drob

 

what a day ive had today. silent phone calls and txts on the mobile all day. has anyone contacted the police with regards to the constant harrasment these muppets inflict and if so what was the outcome?.

i am waiting for the supposed stamped bill of sale to arrive so that my solicitor can see if it is legal, but i doubt it will ever get here.

if they turn up for the car and they dont have the paperwork then it wont be going anywhere, they also promised me a statement of my account, im still waiting for this.

 

i will update you all tomorrow

 

good luck and keep up the fight

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hi drob

 

what a day ive had today. silent phone calls and txts on the mobile all day. has anyone contacted the police with regards to the constant harrasment these muppets inflict and if so what was the outcome?.

i am waiting for the supposed stamped bill of sale to arrive so that my solicitor can see if it is legal, but i doubt it will ever get here.

if they turn up for the car and they dont have the paperwork then it wont be going anywhere, they also promised me a statement of my account, im still waiting for this.

 

i will update you all tomorrow

 

good luck and keep up the fight

Hiya, I too had this problem and contacted the Police. Their advice was to notify telephone providers that you have reveived nuisance calls from TFC's number, then contact Trading Standards, although the later drag their feet a bit. You can also log all calls on a sheet noting times and dates and visit the OFCOM website and look under the guidelines for nuisance and silent calls. It tells you how many calls they are allowed to make in a set period of time. If they go above the specified number you can complain to them, as they may be breaking the rulings of computer generated calling systems. I have complained to them but they will not reply to any complaints you make. You could also try the other thing that I did in the end......... I turned my phone off to get a bit of peace, also friends no if I don't answer my phone to leave a message for me. These guys don't leave messages. Hope this helps you.. Stitch

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hiya stitch

 

thanks for the advice, these people are relentless, they must have rung my mobile about 8 times today, and every time i answered they put the fone down. yet when i get home and check the landline theres at least 3 messages all from different tfc staff telling me to contact them asap.

 

why should i ring them when they havnt got the common decency to speak to me when they phone me. these people are rude,obnoxios, and damn right annoying.

 

thanks again stitch

 

wmv

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hi all

 

well they never turned up for the car, instead they rang me and actually spoke to me.

they offered to cut my payments down but lengthen the term for another 5 years, this means even more interest.

you can guess what the answer is that i gave them.

i took stitch`s advice and i now keep a log of all the silent calls and the text messages.

 

i will let you know of any future developments

 

wvm65

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hi guys

i received a letter today from tfc, its a copy of my bill of sale and it has been stamped by a solicitors office, and not the high courts of justice. so i guess this is not the correct document and it is not enforceable.

they are also dragging there feet with regards to my statement that i asked for over a week ago.

they have granted me a seven day amnesty against them collecting the car, and offered to reschedule the payments.

what happens next i wonder.....

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