The Funding Corporation - Bill Of Sale

[Guest Persha]

Hi - I have been reading about LogBook and problems with their BOS. I have a BOS with The Funding Coporation (TFC) have never missed a payment in 2 years untill last month when I had to pay my son's rent for uni and now they are hounding me with 3 to 4 calls a day even though I have explained I will pay at the end of the month, anyway, the query I have on the BOS is that first of all it was signed by the Sales Rep and he has put his title on the Witness bit, also the credit agreement has 59 repayments BUT the BOS of has 60 repayments. It was registered - only found this out when I asked them for a copy, they also keep sending me UNSIGNED copies fo the credit agreement with the correct amount of payments on, but mine which is signed has 59. Any advice please.

[trooper68]

Hi Persha

 

It sounds a bit iffy from what you state. Have you check that the BoS has been registered with the high courts? that would be the first thing to do. Can you post up the BoS and Credit agreement, without your details/signature?

 

I would also invite you to start reading the post's on BoS and Consumer Credit posts in the forum, there are loads of info, start with the stickys and make notes.

 

perks68

[Guest Persha]

Hi - yes is was registered as TFC sent me copies of the documents when I asked for a copy of my credit agreement - which is how I found out that the credit agreement and BoS have two different repayment amounts, BoS has 60 and the credit agreement has 59. I am just wondering if they can take the car back with me being in arrears for one months which I will not be able to pay, but will be able to continue payments as from 01/11. They are continually phoning me although I have written and requested that they write. I just need an arguement in case they do decide to take the car back and having read some of the posts I think I may have a change with

1) BoS was signed by the sales rep therefore he could gain from the sale

2) The BoS and credit agreement have different number of repayments (60 and 59). Do you think its worthwhile following up?

 

Copies of BoS and Agreement - have not put page two of the agreement as it only has my signature and insurance stuff which I did not take out so they are are nil.

[trooper68]

Copies of BoS and Agreement - have not put page two of the agreement as it only has my signature and insurance stuff which I did not take out so they are are nil.

 

 

Hi Persha

 

The images are a bit small, I cannot read them, can you post up via photobucket?

 

From you previous post, of course its worth a follow up. You state that the BoS was registered with the high court, what is the date, was it within the "7 clear Days"? note not working days..check that from the date you signed BoS to the day it was.

 

The next step would to try and get more info... you can SAR them by reg letter, this should give you a clear picture, if they responed..

 

trooper68

[Guest Persha]

Hi - yes they did register within the 7 days - they have sent me copies of the court docs so am certain. Do not know how to use photo bucket so have tried to re-attached, if that does not work THEN HELP.

bos1.doc

bos2.doc

[trooper68]

Hi - yes they did register within the 7 days - they have sent me copies of the court docs so am certain. Do not know how to use photo bucket so have tried to re-attached, if that does not work THEN HELP.

 

 

I cannot open them, anyone.

 

Photobucket allows you to upload images for free, you then just add the link to the post.

 

Even so the BoS is within 7 days it might be still void if the witness was a manager or employee "who benifts", but at this time its speculation until the scanned images have been posted.

 

trooper68

[Guest Persha]

Credit Agreement picture by persha30 - Photobucket

 

BOS picture by persha30 - Photobucket

 

Hope this works - he did sign the court papers, it is his signature on the BoS, and you can see he has put has title as sales executive.

[trooper68]

Ok, i've had a look.

 

First glance indeed the the payments is incorrect, if you look at the first page.

 

1x£250

59x£188.92

1x£383.92

61 months

 

page2

60X equal payments of £188.92

so its seems they may have made a mistake. looking shaky

 

Witness is looking iffy, Sales rep, commission?

 

Are these the only pages you have, is there anything on the back of them?

 

If it was me, I would request that they explain the discrepancy via letter, reg it. I would suspect that they will not reply.

 

Anyone?

 

Trooper68

[Guest Persha]

Hi - the only other page is page 2 of the credit agreement which has my signature and the bit for the insurances, which I did not take out at all (PPI etc), also something I have noticed is that their is no agreement number on the credit agreement. It has been handwritten on the court documents which are dated 23/07 (I signed on 21/07) and the court docs have been signed by the same person as on the credit agreement.

[trooper68]

i'm not sure on the credit agreement number, maybe another cagger knows more on the CCA 1974 agreement.

 

so it was stamped and dates within the 7 days, but, the loan adviser signed the BoS and the agreement. The onlything I can think of, its weak is the witness signature on the BoS. It states in the BoS act that it must be an independent witness who will not benifit from the sale. I know its shaky, as the witness works for said company, can i be deemed that they benfit, if he had commision, then yes they did benifit = BoS Void. But you need to prove that to a Judge.

 

So next step SAR the company. Get as much info as poss.

 

trooper68

[42man]

Did you say you had court documents ? (not the stat demand) County Court Claim ?

[Guest Persha]

Hi by court docs I mean the ones they registered for the BoS - TFC have not taken any action yet - just panicing as I am one months in arrears having had to pay my son's rent at uni as his loan is not through and they have been phoning me 3 times a day for a month now, have sent standard letter asking them to write but still insist on phoning

 

I am attaching the documents they registered, I did not know that this needed to be done and only got a copy of them when I asked for copies of my agreement, are they supposed to tell you that the BoS is supposed to be registered?

 

COURT 1 picture by persha30 - Photobucket

 

COURT 2 picture by persha30 - Photobucket

[trooper68]

Hi Persha

 

Can you look at your agreement again, I've had a look, I cannot see a date, iam i going mad?

 

Now have a look at the BoS(court), it has a date?

 

trooper68

[Guest Persha]

Hi - it does have a page 2 which I am now attaching. Also FYI when I asked TFC for copies of my agreement, they send me the court documents, BoS BUT the agreement they sent me was UNSIGNED and had the correct details on including the correct number of payments (60) - I requested them again and same doc's were sent, it is only MY SIGNED copy that has 59 payments so I am 99% sure that they do not hold a signed copy of my credit agreement.

 

Copy of page 2

 

AGREEMENT - PG 2 picture by persha30 - Photobucket

[trooper68]

Hi persha30

 

It looks like the BoS you have posted up looks valid, everything looks as it should, however if the Credit agreement is flawed it could be the agreement is unenforcable, then may be the BoS is invalid that way as the two are partnerd. What i think the next step for you be to get one of the site team to have a look at Credit Agreement to verifiy whats been put on it.

 

trooper68

[Guest Persha]

Thanks am sending off the SAR letter today - my previous requests have not been "official" just via fax so lets see what they have come up with. If they do not have a copy of the credit agreement what does that me, I am panicing as they sent me a seizure notice yesterday for arrears of ONE MONTH have been paying them for 2 years without missing a payment. Any idea what happens next if seizure goes through? I made a donation by the way as your site is brilliant so keep up the good work!!!!!

[trooper68]

Have they sent you a default notice? if they have sent to a seizure notice they will turn up and take it anytime, can you hide the car away from your house/work? If you can do it today, what they do is turn up at night, early morning and look for the car. As its the weekend, they have a nack of turning up late friday/early sat/sun. Hide the car while you sort this out. Today.

 

trooper68

 

Persha read the Repo of BoS in the sticky section.

[Guest Persha]

Hi - have just got a phonecall from them and they have said that they will add the arrears of one month onto the end of my agreement, making it one month extra, I asked them to put it in writing and she said they could not as they are not a paper company. Did not ask about the seizure notice though as I forgot. I ask how I could prove that they would add the payment onto the end of my agreement if it was not in writing and she said that calls were recorded. They did ask me were car was kept etc and were i was working. So in light of the above do you think they will come and get the car if they have said will add the arrears onto my account, I did get her name. It was only one month of arrears and DD is in place for the 1st of November which they have confirmed.

[ian6pot]

subbing

[Guest Persha]

Hi are you can see from my posts have had a problem with The Funding Corporation, I would like to try and get the BoS and credit agreement voided using the arguement that there are two different amounts for the number of payments as well as it being signed by the sales rep who may gain from the transaction. I would like to use the N244 form for which there is a charge, can anyone tell me what the charge is? I have sent a SAR to them as I am also confident that they do NOT HAVE a signed credit agreement on file as copies they have sent me are unsigned. I have copies of the BoS which was registered in court within the correct time. Can anyone help with the form and the fees.

[Nicky Bodmin]

Hi

It depends on where you send your application.

If to the HCJ then it is £40

If to a lower CC then it is £75.

 

Have they removed your car yet.

If not then apply for an injunction to stop this.

If they have, apply for a time order application on N440 it will cost £150. This will allow the court to stop action on the car, and will stop the high interest being charged and sometimes will make payment more manageable. But you do have to ask the Courts to take into consideration the high interest rate and would they consider freezing it

 

You can ask for the car to be returned because with the CA having been reopened they can not remove it.

This will give you more time to put together a better more efficient case to challenge the authenticity of the BOS.

 

You can do this application now and the judge will see you when he is free and judgment will be instant. You then get car returned.

Edited November 6, 2009 by Nicky Bodmin
add more

[Guest Persha]

Hi - they have not taken the car - i had problems with them last month when I went into ONE MONTH arrears as I had to pay rent for my son at uni as his loan is not through, they were phoning me 3 times a day went as far as sending me a seizure notice, they finally decided that they would add the missed payment onto the end of my agreement, when I asked for this in writing they refused saying "we are not a paper company". I want to get out the BoS and return the car with no further payments which is why I would like to give it a try, the papers were registered at High Court of Justice Queen's Bench Division.

[Nicky Bodmin]

Hi - they have not taken the car - i had problems with them last month when I went into ONE MONTH arrears as I had to pay rent for my son at uni as his loan is not through, they were phoning me 3 times a day went as far as sending me a seizure notice, they finally decided that they would add the missed payment onto the end of my agreement, when I asked for this in writing they refused saying "we are not a paper company". I want to get out the BoS and return the car with no further payments which is why I would like to give it a try, the papers were registered at High Court of Justice Queen's Bench Division.

 

Cool thats two for the hiogh courts.

Im doing mine now. Have you sent letter before action. You have to.

Tell them what you are going to do, but dont give to much detail.

Just the basic to cover the legal requirement.

They then have 7 days to offer a satisfactory solution if not then you apply to the HCJ N244 application.

[Guest Persha]

Hi - I am waiting for a response to my SAR as at the moment I only have copies that I have requested verbally, just need to see what they have re the credit agreement side. Once that is received then will send the letter as per your post, is there a template I can use, if possible could you also let me know how you have filled in your N244 form as there are bits about lawyers and courts as well as what the cost is, will be using funds from my penny jar!!!!

[Nicky Bodmin]

Hi has your car been taken yet.

 

If yes you can claim on your legal cover on your car insurance.

Your house insurance has legal cover PM I will; give more detail