Hi all, first of all, thank you for the this site,

it has been valuable in the past after reading threads, and i'm hoping it can be valuable now.

my partner has received a letter from Go Debt who are chasing an old debt for car finance.

The car was repossessed and she had a dispute ongoing with them for a number of months,

before moving out of her previous property and

she then was never contacted about it again and that was that as far as she was concerned.

The letter from Go Debt is threatening that she is going to be taken to court soon

and a CCJ applied for unless she pays the account off in full.

It also states that they are aware she is in full time work,

and they name her company and aware that she is residing in the property that she does.

They state they know where she lives becaus their trace agents confirmed

this on the 29th January 2014;

this is strange as on that day,

she received a random phone call from parcel force

asking if she was who she was because they have a parcel to deliver.

Not thinking she confirmed it and they hung up,

she reported this to the Police and made a full report to them;

surely this was this company?

We requested that they send the original agreement, default notice and statement,

which they provided within about 3 hours of us emailing the request over to them.

The agreement looks legit and original, with her signature on the bottom with the date.

The statement is dated 05.09.2009, and her last payment was apparently made on the 31.07.2008

(then a random payment 11 months later for £950 "Journal (CR)).

The car was repossessed in 2009, and they have provided a letter from the original creditor

confirming how the balance was made up and requesting payment proposals.

They also refer to a telephone conversation in 2001 randomly

where they state my partner advised that she was a full time student (which she was then).

My partner has advised that there was a dispute on going in relation to the debt,

and has stated that she hasn't acknowledged the debt (written a letter or made a payment)

since the last time she made a payment as above.

What would you suggest our next step be?

Come to an arrangement?

I look forward to hearing all your comments and suggestions.

go debt? I thought they went bust years ago...

anyhow.

is this on her CRa file?

prob find she owes nowt, ifcharges/PPI/GAP etc are taken off the spoof balance.

I'd be sending an sar to them

then lets look see.

get that credit file please.

dx

You need to establish where that payment of £950.00 has come from. If it is an administrative entry then I dont think they can claim your wife made the payment.

Most of the information they have provided would be on the application form - or on her credit file.. but hey, it looks good that we can track you down in this way isnt it?

What is the balance outstanding ?

sadly this is unlikely to be statute barred if the last known payment is correct as July 2008 !

Hi, thanks for the replies.

The current balance outstanding is £4102.03.

This debt does appear on her credit file, it was one of the first things that i checked.

In relation to statute barred,

she is absolutely adamant that she didn't acknowledge the account after the last payment;

to say she didn't write a letter, offer a repayment amount, offer a settlement

or discuss the account in written format

- what are the chances we can delay this until 6 years

since the date of the last pament and claim statute barred?

So the next move would be to send a CCA or a SARS?

We have already received an agreement, statement and default notice via email from this company.

Is there anything else of which we can do to resolve this?

sar is a must

can you scan up the letter that she got please

and the agreement?

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

Hi, thanks again for the replies. Please see attached to this post the PDF with all the correspondence received; agreement, statement, default notice and letter from Go Debt. What would you advise our next move to be?

Thanks.

att unapproved

you've left agreements numbers and per info showing

dx

that's a discount letter there

plus the rather nasty threat by including whom you work for

something smells badly

the original creditor has sold the debt to go debt

so again, that's a good pointer to something being wrong too.

tell us story of when and where they took the car from

that £950 is what they got at auction

for the vehicle.

I suspect, they resold it on the forecourt mind.

what was the dispute that she had with them too/

just to clarify

you need to remove ALL ref numbers

vehicle details

etc etc

dx

Hi, thanks agian for the prompt reply.

Please see attached the updated PDF of the letters received,

with the agreement numbers (DOH!) etc blacked out.

The main dispute was that my partner came out of work after breaking her leg

and could no longer afford the repayments, and

her parents offered to buy the car from the finance company to settle the debt

(I do not know why they didnt give the £192 etc to my partner each month

to service the debt whilst she was out of work) but they refused it.

They offered £2,000 for the car to settle the debt, again they refused it,

and sold it on for a fraction of that value (you advised the £950 was what they got for it).

My partner moved back in with her parents at that time,

as she also could not afford to repay her mortgage and the house was repossessed also.

The car was taken from her parents house some months after the last payment was made;

there was no offer of repayment from my partner,

as she could not afford the repayments,

and by all accounts she was annoyed that the finance company refused

the offer from her parents to settle the debt.

So from this point is a SARS the best way to go for this?

What would this bring us that we haven't already received.

I presume requesting a SARS is not acknowledgement of a debt?

It is my believe that in July 2014 the debt would be statute barred (from what I understand of the system),

is it possible to delay things until then and

then write to them advising that whilst we do not acknowledge the debt,

the debt is now SB any way?

If it has to be paid then that is fine, and she is just really worried about this debt going to court,

as with my help, and a lot of hard work,

she has managed to get herself back on an even keel

and we're looking forward to the future;

the messyness of a CCJ would hamper this.

If she offered to make payments per month, based on her affordability,

is GO Debt "allowed" to take her to court?

Thanks again and apologies if the questions seems amatueurish, or silly.

P&C as in the letter of 2009 would not be making all those threats

then suddenly back off andsell the debt if there was nothing wrong with it.

you've just got to find it

my thoughts are there is something dodgy with the repo

was it on your parents private drive

did the repo agent have a court order - NO!

so there might be an answer

the other might be that they didn't inform you of other way to resolve the debt like VT

she should have done a Voluntary Termination to the total of 50% of the org agreement.

there are lots of things to find out

only the account log/comms log via an SAR to P&C will reveal it.

the repo guy IS NOT A BAILIFF

they have NO SUCH LEGAL POWERS

so to take a car or spoof you into giving it up

if it was on private land is not correct

he had no powers to demand the car.

no them to charge costs on repo either

[all those fees can be disputed]

there was also GAP charged

so that could have been used to make up any shortfall

also they should have accepted the offer of payment or buy off too

so they were being greedy

lots of things to find out

you need that comms log.

in the meantime stay off the phone

comms by letter/email only

i'd be advising go debt

that the matter is subject to a serious dispute [those words only]

and until your sar to P&&C is complied with

and until you've had a chance to digest that

you will not be entering into any further dialogue upon the matter

head the email/letter to GO debt

' I do not acknowledge any debt to you or you clients.

as for the SAR

include her old address where she was living

and include some form of official paperwork proving

where she now lives.

................

dx

You Sir, are a gentleman and a scholar. I'll have a look around the forum when I'm home from work this evening, draft the letter to the original creditor for the SARS and the email to Go Debt (would you do two SARS for each data controller?) and then get them sent, with update on this thread throughout.

Thanks again.

one sar only to p&C just click the sar

was the car taken with her permission? according to the dn she was well over the third mark,in payments, so if it was against her will they would have needed a court order. Did they have one?

Hi all.

A quick update in relation to this account;

we have sent the SARS with the fee to the original creditor,

and a letter to Go Debt to advise that the account is under serious dispute,

informing them we have contacted the original creditor.

We have had no response as of yet, but I'm looking forward to one!

They TOLD her that they are taking the car back and selling it at auction,

at which point her parents offer to buy the car, which they refused and

they called round and took it.

It was from her parents address, of which my partner was not registered to, but was staying at.

There were no court orders, or anything such like.

The car was on private land, on a large patch of land that her parents own.

so were the keys and docs just handed over, or was it taken without consent, because the payments made were well over the third mark. If taken without consent/court order then they have a problem

further queries- on 18 sept 2008 dn states total amount paid on agreement to date £2724.12, yet statement dated 23 june 2009 states total paid £2474.12 and also balance on connected booster loan?????

Hi all, we received a response from the original creditor with the information from the SARS.

Firstly I wanted to give a response to the question above;

the car was not given up voluntarily, and the keys were not given to the finance company.

They called round to her parents address,

had a discussion with her father who offered to purchase the vehicle for her sister, and

when they refused, they towed the car away from private property.

Within the SARS that we have received is a signed document from my partner which gives authorisation to take the car away,

it isn't letter headed, and she definitely does not remember signing the document.

In fact she is absolutely adamant that she didnt sign anything of the sort,

as she wasnt present at the time of the vehicle being repossessed and she is, again,

adamant that the signature that appears on the document isnt hers, and has no likeness to hers. Peculiar.

Also, they havent included the information about the "booster loan",

which was taken out because her credit score, wouldnt have allowed her to take out the full finance needed for the car,

and so they gave her two loans against the car to enable her to be able to purchase it,

if that makes sense (irresponsible lending??).

Please see attached all the documents included in the SARS response,

please let me know if the quality isnt sufficient and i'll look to scan them in.

Thanks again everyone,

and I look forward to reading your responses, and advice.

For a start i would get reclaiming all those unlawful penalty fee's, including the interest they made off them.

Attachment unapproved. Way to many personal details on there.

They have caused themselves so many problems with that SAR reply.

Phoning work

Leaving personal details with work mate

Admitting to repo from private land

And all those charges

told ya it would be a toxic debt

that's why they sold it.

i'll sort the PDF

wait

dx

dx

sorry you'll have to photo them as individual pages and then edit

they are too blurred when expanded

dx

i'm pretty sure under section 90/1 of the CCA

you could now demand all your payments back

esp as the car was unlawfully repo'd

signature fraud was committed on the repo document.

and to be honest that agreement and the additional loan

totally unenforceable and probably void.

I wondered what the booster loan was....

time for a complaint to the FOS I think?

dx

yes loads going on here---Consequences of breach of s. 90.If goods are recovered by the creditor in contravention of section 90—

(a)the regulated agreement, if not previous terminated, shall terminate, and

(b)the debtor shall be released from all liability under the agreement, and shall be entitled to recover from the creditor all sums paid by the debtor under the agreement.-------throw in fraud and paperwork failings cant wait to see that sar:-)

working on it now

10 mins

dx

ok sorted the PDF as best I can

int the document with the false sig

is a VS

if they alerted her to vs

then why didn't they do a VT.

anyway

there enough nails in the docs in my mind

to demand ALL the payments back.

fleeced blind from day one

dx