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the only thing i dont agree with is ignoring the stat demands from them we know we can beat them...so far we have done it every time

 

it worked for me. I have since phoned them and it feels good

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Must admit that I think Reno has the right policy. Issuing SD's cost them nowt. Going for BK costs them lots. A few more Reno's and they'll soon pack up. I'd bet that someone gets their arse kicked for shelling out on that one.

 

Cheers pal. They wont be around for long. I see that Hollis Briggs have gone or just about to.

 

 

 

 

 

 

Mike

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Must admit that I think Reno has the right policy. Issuing SD's cost them nowt. Going for BK costs them lots. A few more Reno's and they'll soon pack up. I'd bet that someone gets their arse kicked for shelling out on that one.

whilst i dont wish to argue with anyone on here i agree issuing sd cost them nothing..until you defend them ask them to be set aside then it costs them hundreds of pounds.....so far they have issued i think 18 on here and lost every one costing them 2-3 hundred quid every time...

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whilst i dont wish to argue with anyone on here i agree issuing sd cost them nothing..until you defend them ask them to be set aside then it costs them hundreds of pounds.....so far they have issued i think 18 on here and lost every one costing them 2-3 hundred quid every time...

 

Totally Agree

 

 

 

cheers

mike

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well well

 

another godebt bites the dust

 

£750 bankrupcy petition when you dont even own your own home

 

what planet are these people on

 

£300 quid to you in costs

 

that has now cost godebt £1000

 

keep hitting them in the pocket

 

well done reno

 

you deserve it

 

now if they dont pay in 14 days

 

send in the baliffs:D:D

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well well

 

another godebt bites the dust

 

£750 bankrupcy petition when you dont even own your own home

 

what planet are these people on

 

£300 quid to you in costs

 

that has now cost godebt £1000

 

keep hitting them in the pocket

 

well done reno

 

you deserve it

 

now if they dont pay in 14 days

 

send in the baliffs:D:D

 

 

Spot on. I will make sure their debt goes up to £751.00 and then I will issue Stat on demand and then petition.

 

its all good fun. they will wish they never contacted me.

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Hi

Just a quick note about Go Debt.

I have had threatning letters from these guys for about 8 yrs now.

I have just sent a registered letter for the original signed agreement for the alledged debt.

The debt belongs to my son with the same name as me who I havnt seen for about 5 years,he bought a car from yes car credit when he was living with me.

I have tried numerous times to tell these people I am not the Debtor but they wont listen.

When, and if, I get the original agreement signed by my son with his D.O.B. on it.

I will take legal advice to try and counter claim for the years of worry and torment my wife and I have had of these 'bullies'

I hope i get my day...

 

Il keep you informed of developments as and when they happen

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:( Hi theren

Thank you for updating me .

I have appointed a solicitor for the debt that was taken out in 2004 dec.

because yes credit helped themselves with the credit card details and took payment out Go debt are now trying to make me bankrupt.

my late partners credit card and he was the one in employment and hre took the agreement out.its funny Go debt sent me copies of the agreement and i have the originals and are completely different.

I will let you know once my solicitor gets a response.

Go debt should be on an ASBO they are worse then the youths of today.

Will update asap.

Thanx.

Nita

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  • 2 weeks later...

What a bunch of loosers go-debt are nail them to the floor nita63

there **** of the earth...

i nailed them last month...

i got a deed of release and i have had a letter from my solicitor telling me the charge order is gone to

WHOOOOOOOOOOOOOOPIE

DONT LET THE LITTLE UPSTATRS BULLY YOU

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  • 4 weeks later...

Hi i'm new here and just rec'd a statutory notice from godebt. I never took put the ppi only the mechanical breakdown and gap insurance but looking at my agreement they used my deposit against the insurance and not the car. I have read that this makes the agreement worthless, is this true??

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  • 4 weeks later...

hi

 

I apologise in advance for the length of this post:

 

i have been following this thread without registering for a while and found it most helpful. I took out an agreement with YCC in 2004, defaulted and car repossed in 2005.

 

from your thread I now know that they did the 'classic' with the original credit agreement... ca rdeposit used for insurances (all 3 of them), I took ou PPI eventhough i was self-employed.

in April 2010 i hear from Go Debt with a statutory demand (nothing between 2005 and 2010) I applied to have this set aside on the basis that I never received a notice of assignment (required in para 7.4 of the original CA)and that there was thus a triable issue and dispute (i had moved house), the first judge ... yes the first .... adjourned the hearing after 30mins, though admitting i had a strong case. she told Go Debt to come back with a copy of the original notice of assignment.

 

Just got back from today's hearing for set a side and adjourned again after 40 mins, adjourned until 20th Sept for a 2 hour hearing. suprise-suprise Go Debt (Hollis Briggs) did not produce an original copy they only had a 'template' notice of assignment. again the judge was supportive of my position but i just could not get him to go that bit further and set it aside.

 

I have not yet to date relied on the deposit used for insurances and miss-selling of PPI to undermine the original CA. There are a couple of things that would help me hugely and give me the confidence to go on:

 

  1. are these YCC CA's really worth nothing, if on the right hand side of page 1 they use the deposit for the insurances?
  2. can I (we) quote any cases where this has been accepted by the court ... this is the winner if there is actually case precedent, I would need case numbers etc.
  3. it would be very helpful to present the list of the 18 or so Stat demands which have been set aside or bankruptcy petitions thrown out to the court.
  4. are Hollis Briggs still legally running (they presented a document for costs in court today)

is this info available, will anyone share it? If I win I would be more than happy to add my name and case number to list to help others.

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1. the ycc agreement is crap for the following reasons

 

As the Insurance was in fact a charge for credit on the Conditional Sale Agreement, it could not also be part of the credit on the additional insurances agreement as under section 9 (4) CCA credit charges cannot be treated as credit even where time is given for their payments

ii) If the Insurance was not a charge for credit in respect of the Conditional Sale Agreement, as it was compulsory, it was a charge for credit on the additional insurances and under section 9 (4) CCA credit charges cannot be treated as credit

iii) For the reasons stated in either above, the agreement for additional insurances failed to state the correct amount of credit and did not comply with paragraph 2, schedule 6, which requires that regulated agreements contain as a prescribed term stating the correct amount of credit

iv) The agreement for additional insurances was therefore improperly executed under section 61 (1)(a) of the CCA.

 

or in other words the amount of credit would have been misstated which meant if the vehicle was returned/repossessed, this put the debtor at a disadvantage as to the amount owed.

2. every agreement i know of which was put before a court included an agreement where no-one was allowed to talk/discuss the case..however, i may be wrong in that respect..there may be someone

3. I am sure postggj has got a list of the 18 so stat demands that have been set aside or thrown out.

4. yes they are still about..and the costs are meant to frighten you off

 

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SEND THIS TO GODEBT WITH THE CCA REQUEST

RECORDED DELIVERY

 

 

Xx

Xx

 

Date

 

Agreement number

 

Dear sir/madam

 

I do not acknowledge any debt to your company

 

after having my agreement from DAF looked at I can now confirm the following

 

I HAVE NO INTENTION OF MAKING ANY PAYMENT ON THIS ACCOUNT. I REQUIRE GoDebt TO EITHER CLOSE DOWN THIS ACCOUNT OR ISSUE AN N1 county court claimlink3.giflink3.giflink3.giflink3.giflink3.gif

 

I will now explain why the agreement is unenforceable, might I also suggest yourselves running it past a solicitor qualified in the consumer credit act and regulations.

 

When the agreement was taken out, I was informed that I had to take out payment protection insurance to cover the creditor if I was unable to make repayments.

 

Now this constitutes a charge for credit as it has been included in the amount of credit.

 

As the amount of credit has been misstated, the agreement cannot be enforced, as the amount of credit is a prescribed term, a court is prohibited from enforcing the agreement.

 

For clarity may I suggest you study s.127 (3) of the consumer credit act 1974?

 

The agreement in the way it is laid out falls well short on a compliant agreement.

 

For your reference the payment protection insurance needs to be included in total charge for credit and not the amount of credit

.

As the agreement is in two parts, the conditional sale and credit agreement, as they have been linked, the true cost of the vehicle has been overstated. This puts the debtor at a disadvantage should he/she wish to do a voluntary termination on the vehicle.

 

I now draw your attention again to the meaning of amount of credit.

 

This is the difference between the cash price of the vehicle and any advance deposit.

 

Might I suggest you look at s.9 (4) of the consumer credit act 1974 for clarity?

 

Now as the price of the deposit was added to the insurance and not the credit agreement (car)

 

The cost of finance to the debtor has increased in the conditional sale agreement (car finance)

 

I WILL NOW EXPLAIN IN CRYSTAL CLEAR ENGLISH

 

1/ ANY DEPOSIT HAS BEEN ADDED TO THE CREDIT AGREEMENT/INSURANCE AND NOT FOR WHAT IT WAS INTENDED FOR.

THAT WOULD BE THE CONDITIONAL SALE PART OF THE AGREEMENT

 

2/ THE DEPOSIT HAS BEEN ADDED TO THE AMOUNT OF CREDIT ON THE INSURANCE

 

3/ BY DOING THIS, THE TOTAL FIGURE REPAYABLE ON THE CONDITIONAL SALE AGREEMENT HAS BEEN MISSTATED, PUTTING THE DEBTOR AT A DISADVANTAGE IF HE/SHE WISHES TO DO A VOLUNTARY TERMINATION.

 

IN SIMPLE SPEAK

 

THE TOTAL CHARGE FOR CREDIT AND AMOUNT OF CREDIT HAS BEEN MISSTATED.

 

May I suggest looking at s.90 of the consumer credit act on termination and payments of a third?

 

THIS ALSO IS PREJUDICIAL IN THE ANNUAL PERCENTAGE RATE WHICH TO WILL BE MISSTATED AND BEING A PRESCRIBED TERM, MAKES THE AGREEMENT UNENFORCEABLE.

 

Please do not insult my intelligence by stating its In the terms and conditionslink3.giflink3.giflink3.giflink3.giflink3.gif which I signed and agreed to. That is unless you consider a contractual agreement is binding and the consumer credit act is not.

 

 

I require a final response as to either issue an N1 claim and allow me to enter a defencelink3.giflink3.giflink3.giflink3.giflink3.gif or close down this account.

 

 

yours faithfully

xxxxx

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THIS ALSO IS PREJUDICIAL IN THE ANNUAL PERCENTAGE RATE WHICH TOO WILL BE MISSTATED AND BEING A PRESCRIBED TERM, MAKES THE AGREEMENT UNENFORCEABLE.

 

2 O's in that context.

 

Can't have you saying "Please do not insult my intelligence" and then making a typo :)

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hi

 

I apologise in advance for the length of this post:

 

i have been following this thread without registering for a while and found it most helpful. I took out an agreement with YCC in 2004, defaulted and car repossed in 2005.

 

from your thread I now know that they did the 'classic' with the original credit agreement... ca rdeposit used for insurances (all 3 of them), I took ou PPI eventhough i was self-employed.

in April 2010 i hear from Go Debt with a statutory demand (nothing between 2005 and 2010) I applied to have this set aside on the basis that I never received a notice of assignment (required in para 7.4 of the original CA)and that there was thus a triable issue and dispute (i had moved house), the first judge ... yes the first .... adjourned the hearing after 30mins, though admitting i had a strong case. she told Go Debt to come back with a copy of the original notice of assignment.

 

Just got back from today's hearing for set a side and adjourned again after 40 mins, adjourned until 20th Sept for a 2 hour hearing. suprise-suprise Go Debt (Hollis Briggs) did not produce an original copy they only had a 'template' notice of assignment. again the judge was supportive of my position but i just could not get him to go that bit further and set it aside.

 

I have not yet to date relied on the deposit used for insurances and miss-selling of PPI to undermine the original CA. There are a couple of things that would help me hugely and give me the confidence to go on:

 

  1. are these YCC CA's really worth nothing, if on the right hand side of page 1 they use the deposit for the insurances?
  2. can I (we) quote any cases where this has been accepted by the court ... this is the winner if there is actually case precedent, I would need case numbers etc.
  3. it would be very helpful to present the list of the 18 or so Stat demands which have been set aside or bankruptcy petitions thrown out to the court.
  4. are Hollis Briggs still legally running (they presented a document for costs in court today)

is this info available, will anyone share it? If I win I would be more than happy to add my name and case number to list to help others.

 

There are 2 caggers on here who do have copys of my paperwork from the solicitor i dont mind it being used as a benchmark for you....

But it is in some magazine that solicitors place there cases in that they won.......................

It was around 2 weeks from start to finish and go-deabt & hollis briggs thought they were smart...........

10am i got 1 phone call from solicitor for instruction

3pm the same day the 2nd phone call job done...........

and i have a deed of release meaning they cannot sell debt to anyone else or even try it on again................

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many thanks for all your help, i will use the templates and advice above and let you know how i get on, then if i can help others i certainly will. it would be very handy to have paperwork or some case numbers to quote.

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First post so I hope its in the right place,

 

Heard from Go Debt on May 6th, nothing previous, car was returned 2005.

 

The debt is £6300, and they issued a Stat Demand on 12th May, which I have a set aside hearing next week.

 

Followed all the advice templates on here, and they have now said that if I withdraw the Set Aside and pay, £2500 they will write the debt of, I said I had approx £700 in savings so said no, they then said £1000 again I refused, they have now said as long as I pay by tomorrow then they will accept £700 but i still need to withdraw the set aside. I have said that if I receive it in writing then I will look at their proposal and if i decide to pay (to get them out of my life) it will be at my convenience and I will not be withdrawing the Set Aside until everything is water tight from their end, I havent heard a word since?

 

The deposit on the car was deducted from the insurances, and I had no option in accepting the PPI and GAP.

 

By the way thanks for this forum it has made me feel so much more confident in my dealings with these extremely abusive and belligerent people.

 

Am I doing things right?

 

Kind Regards . Trev

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anyone else think godebt starting to get worried? trebor personally i wouldnt pay em a penny the agreement is invalid...you neednt part with a penny and remember this is going to be statute barred by next year if you havent paid anything since 2005...they are certainly bricking over the set aside...as to are you doing the right thing...yes so far...but dont buckle under their pressure now...you will win..look at what they are doing to you..they have put you through hell...attempted to bankrupt you and are now offering to go away for 700 it should tell you something...they dont have a leg to stand on

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Well Well

 

Seems The Word Is Now Out On Godebt With That Template:D:D

 

Shame

 

As Stated

 

Do Not Get Into Any Correspondants With Them

 

The Judge Will Set This Aside And Its Then Good Riddence To Godebt

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Sorry to but in here but Post would really appreciate whenever you have a few minutes you checking out my mails re WF to see what I should do next! Need to get them off our credit rec! Sorry chippy00 and Good Luck to you!

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Thanks,

 

I received an email written offer from them today, saying if I pay by tomorrow they will take it as full (didn't say full and final) payment, but if I don't they will start proceedings for the whole cost.

 

Taking your advice, which up till now has been first class, I have told them that isn't acceptable and I will attend the hearing next week!

 

Wonder what now?

 

Regards Trev.

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