yes car and a default

[hotc25]

hello

 

i bought a car from yes car credit in 2004

 

 

could not keep up with the payments and

 

 

i returned the car to them,

 

 

we have never heard a thing about it or payments until

 

 

a month ago, i did a credit search to find that there was a default against me for most of the amount

and have now received a letter from a debt recovery agent saying they are going to do a doorstep collection in 7 days !!!

 

im going to request a copy of the credit agreement on Monday

 

 

is there anything they can do to me!

what would the next step be and what would happen if they produce the agreement ??

 

please help

Edited February 21, 2009 by hotc25

[hotc25]

I have now found out that yes car credit have been closed down for bad business dealings

www.saynotoyes.co.uk

 

sorry forgot to say i returned the car under there advice in 2005

Edited February 14, 2009 by hotc25

[hotc25]

anybody got any advice

Edited February 21, 2009 by hotc25

[hotc25]

hello

 

i bought a car from yes car credit in 2004 could not keep up with the payments and i returned the car to them,we have never heard a thing about it or payments until a month ago, i did a credit search to find that there was a default against me for most of the amount and have now received a letter from a debt recovery agent saying they are going to do a doorstep collection in 7 days !!!

 

i have requested a copy of the credit agreement is there anything they can do to me! what would the next step be and what would happen if they produce the agreement ??

i returned the car under there advice in 2005

 

 

please help

[hotc25]

i have received a letter back from them saying

 

thank you for your letter requesting a copy of the signed agreement in connection with the above debt

 

can you please clarify in writing if you are stating categorically that you did not sign an agreement relating to the above debt?

 

on receipt of this written assurance from you we will contact the original creditor and revert to you

 

please note however that whether the agreement was signed or not is an evidential matter,which does not necessarily require production of a copy signed agreement to satisfy the courts that the agreement was signed

 

in these circumstances we believe that it is in your own interest to respond with a realistic payment plan or offer of settlement on the above account

 

yours sincerely

belfast collection services

[mr.ton]

They have no powers over you whatsoever & if anyone knocks, tell em to get lost & call the police if they refuse to report a breach of the peace.

[hotc25]

so what do i reply to the letter they sent to me today ?

[cerberusalert]

can you please clarify in writing if you are stating categorically that you did not sign an agreement relating to the above debt?

 

The only thing you have to state is your legal right to request a CCA.

 

As for the doorstep collector, send them this;

 

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely, do not sign, print your name.

[cerberusalert]

If they fail to supply the CCA within the 12 + 2 days send the 'in dispute' letter.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

PRINT NAME (DON'T SIGN)

[cerberusalert]

Who are these idiots anyway?

[mr.ton]

so what do i reply to the letter they sent to me today ?

 

In my opinion only...nothing at all

[hotc25]

thanks for the fast reply

 

so how would i word the letter ! do i just say it is my legal right to request the cca

 

im not sure if this company has anything because i received a letter about 2 months ago from a england based company and now its from a local company so i think im working with 2 companys

[hotc25]

they are belfast collection services limited

[ODC]

i have received a letter back from them saying

 

thank you for your letter requesting a copy of the signed agreement in connection with the above debt

 

can you please clarify in writing if you are stating categorically that you did not sign an agreement relating to the above debt? You are not saying anything other than demanding a copy of an agreement

 

on receipt of this written assurance from you we will contact the original creditor and revert to you You do not have to respond to them. You have made a Legal Request and the time clock is ticking

 

please note however that whether the agreement was signed or not is an evidential matter,which does not necessarily require production of a copy signed agreement to satisfy the courts that the agreement was signed BOLLOCKS

 

in these circumstances we believe that it is in your own interest to respond with a realistic payment plan or offer of settlement on the above account

 

yours sincerely

belfast collection services

 

Belfast Collection Services are part of the SNOTCALL group.

 

 

Do not even bother responding to this pile of nonsense from these Cretins. Send the two letters advised after the 12 working days are up. Should one of their doorstep agents turn up remember that they have no Legal Power whatsoever and must leave your property when asked. Should they fail to do so contact the PSNI and report a Breach of the Peace/Suspicious Caller/Threatening behaviour.

[cerberusalert]

You don't have to reply to them other than to send both those letters.

 

I take it that it's nearly at the end of the 12+2 day limit?

[hotc25]

sorry what is the snotcall group and are they not working for the other england based company ? and does northern ireland have the same laws

[ODC]

Who are these idiots anyway?

 

belfastcollections.com

[hotc25]

i sent the letter on monday so its been 5 working days now

[hotc25]

i sent the cca request but i did say I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY would that cause a problem

[ODC]

sorry what is the snotcall group and are they not working for the other england based company ? and does northern ireland have the same laws

 

The laws in Northern Ireland are slightly different to the rest of the UK when it comes to enforcement of debt. However the rules of the Consumer Credit Act 1974 still apply. Stick with us we will help you deal with these idiots.

[ODC]

i sent the letter on monday so its been 5 working days now

You have to allow 2 days for delivery so the clock started ticking on Thursday

 

i sent the cca request but i did say I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY would that cause a problem

No problem.

[hotc25]

great so i must just wait the 12+ 2 days then send the letters

 

so no reply would be needed by me then till the 12 +2 days

 

thanks for all the help

[ODC]

Exactly.

 

You have made a Legal Request and they are legally bound to respond within the timescales.

[lunar jim]

Correct. You sent the first CCA letter, just wait it out and then send the other two.

 

It's been said before but DO NOT SIGN letters to DCA's

[hotc25]

sorry one last thing this part of the cca

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee

 

would that not be taken as they cant do anything until i respond to there letter

 

are the 2 letters the one about the door visit and then the Account In Dispute