HI all

Seeking Help, i bought a car from Yes Car Credit in 2002/2003 no sure which, i made 2 payments when i bought car and due to them refusing to pay for repairs to it after 4 months stopped paying and got them to re-posses car.

Bramber debt Recovery is dealing with the debt which im sure is geting on if not over 6 years old since last paid a payment.

I have had no contact with any company regarding this debt in writing so am wondering what is the best course of action to take

any help would be much appreciated

Make them prove that a debt exists & they have the right to collect, besides the more you play postal ping pong the nearer it'll be to being statute barred if it's a close thing;

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

**Edit to suit**

Remember, don’t sign the letter.

knowing yes car like i do

any deposit paid will have gone to pay for ppi, insurance etc,

that means the agreement is crap so its game over

that is your ace in the whole and dont mention that just now.

do as cyber states above

after postel ping pong, the debt will prob be statute barred any way

at the top of the letter put i dont acknowledge this debt to you or any other company

puts them on notice to avoid any doubt and never speak on the phone, every thing in writing.

bramber dca i a new one on me,

prob go debt and marlin have unloaded all the yes car accounts

Bramber are a trading name of marlin

meny thanks shreader

ineresting

Thanks 4 the replies guys.

i Think i used old car as a deposit, would that make any difference ??

like i said

crap agreement if deposit used for insurance, ppi

this is my 5th yes car thread and marlin in the end will close the account down

they know the agreements are lousy

after marlin get back to you, then send a cca request,

itall takes time and its to your benefit

ime 99.9999% sure

kiss this debt goodby

Hi All

Recieved reply from Bramber today, enclosing a photocopy of a signed conditional sale agreement for the car , date taken out was november 2002, i think i paid about 4 maybe three payments if that.

im having trouble getting the document onto the computer as i have no scanner, can anyone tell me what to look out for on the agreement to make it unenforcable

many thanks kh41

hi all

Recieved this today after cca requesting bramber , sent me this photocopyis it enforcable

pg1 picture by blackpoolgirl - Photobucket

pg 2 picture by blackpoolgirl - Photobucket

many thanks kh

Hi I cant really see all th details but it looks like it might be

Hi KH....this might be of use to you....also did you ever receive a default notice ? these have to be in a prescribed format.....Have you written to Bramber about your dispute with Yes ?....Any more news ? Was there any PPI on the deal ?

CCA RULES FOR PRESCRIBED TERMS

CONSUMER CREDIT ACT

8.2 What if prescribed terms are missing or incorrect?

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

8.3 What are the prescribed terms?

The prescribed terms specified in Sch 6 are as follows:

* amount of credit – see Q8.

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

Sch 6 was not amended by the 2004 Regulations.

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

The Prescribed Terms are these

A Amount of credit

A term stating the amount of credit

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D Apply

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment
  

A is applicable

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

A and B apply

For a Hire Agreement

B is Applicable

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.

please could someone tell me if this is an enforceable document it was produced after i cca;d bramber debt recovery

page1.jpg picture by lickjo - Photobucket

page2.jpg picture by lickjo - Photobucket

many thanks

kh41

They cannot use the downpayment in the insurance calculations - it must be made in the car finance calculations. In my view this agreement is unenforceable.

thanks, what is my next step then, also i stoped making payments for the car around about april/may 2003 so it should be nearly statue barred i hope

Hi 42Man

have never recieved a default notice from anyone that i know about, apart from cca ing Bramber that was he only contac ive had with them. i have not spoken to yes car credit since 2003 when i stopped paying for the car.

i have uploaded a better copy of the agreement bramber sent me hope this helps.

http://s147.photobucket.com/albums/r305/lickjo/?action=view&current=page1.jpg

http://s147.photobucket.com/albums/r305/lickjo/?action=view&current=page2.jpg

What is My next step any advice would be very much appreciated

many thanks KH41

Bingo

They Have Used The Deposit Not For The Car But For The Insurance Racket

Game Over

Hi all

2 Questions

firstly is sending a cca request aknowledging you owe the debt to the Dca ?

secondly if you have a agreement that is unenforcable what letter should you send next

thanks for any help

KH41

A CCA request is just that, it is just an enquiry, as long as you wrote on the letter I do not acknowledge this debt.

Regards

David

firstly is sending a cca request aknowledging you owe the debt to the Dca ?

No

secondly if you have a agreement that is unenforcable what letter should you send next

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

thanks for the replies, the agreement was from yes car credit and is unenforceable due to them adding the deposit to the finance not to the car so the would that letter you supplied a link for apply ??

many thanks

kh41

anyone around to help am getting really stressed out not knowing wha to reply to them

thanks KH41

Hi, the request for a copy of your Credit Agreement can be for a variety of reasons, there are several reasons why it may be unenforceable, and the most common reason is that they have lost the signed Agreement so it cannot therefore be proved that there IS any agreement signed by the debtor to which a Court could refer and order payments.

If I read your query correctly, you are talking about what used to be called 'loading'. I thought this had been made 'illegal', but in any case, I would not have thought that it would make the Agreement unenforceable. It may be that some kind of legality had been breached but not sure if that would work to your advantage.

Others with more knowledge, will, I am sure, be along soon.

this is the link to the agreement i just wanna know if it is or isn,t enforcable and wha step i take next to resolve the matter

Pictures by lickjo - Photobucket

many thanks

KH41

Hi KH

Why take any steps apart from ceasing to pay - if that is what you wish to do.

Once again - They know the law - they are the experts.

GK

kh41

its game over

i do hope its dlc handling the account