Help with GMAC passing to Close Credit ltd?

[PrettyPaula]

hi everyone

 

my partner recently (last thursday) passed his car back to the finance company as it had gone over half way and he had the right to terminate because he no longer used the car, so he did! The car was in okay condition, a few surface scratches, a small hole in the door which would be easily fixed, and he also spent £900 on a brand new engine about 8 months back.

 

anyway, he was informed that within 10 days GMAC would contact him to discuss any work or outstanding balances etc.

 

Today he has come home to a letter from close credit managment ltd stating the following:

 

Dear Sir/Madam

 

Further to your recent communication with our client regarding the termination of your financial agreement and a recent inspection of your vehicle we have been instructed to deal with this matter on their behalf.

 

We can confirm your oustanding liability relates to an amount remaining due under your contractual agreement confirmed by our client together with damage charges relating to the condition of the vehicle.

 

it is now extremely important that you contact our office as a matter of urgency to make arrangement to pay the amount oustanding.

 

yours faithfully

 

 

 

On the other side of the letter it has a breakdown as follows:

 

23/2/09 Damage 701.50

26/1/09 Insurance 100.40

26/1/09 Finance 486.00

 

 

 

now as far as we were aware any finance outstanding is cancelled when you return the car under your right to cancel waiver, and also what insurance?!! as for the damage thats a ludicrous amount, its £150 at the most. not to mention the fact that trading standards told us we were sold a dud by them anyway, and under the sale of goods act we should fight for the engine rebuild cost as it should not have blown at 50,000 miles.

 

 

we also havent had a default notice, or deed of assignment... where do we stand on this and what should he do? he is absolutely livid!

[PrettyPaula]

bump!

[clemma]

If you are certain that you owe no money, then send them the following letter. It is up to them to show documented proof that you owe the amount they are claiming:

 

Dear Sir/Madam,

 

Reference no: 00000000000

 

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.

 

Yours faithfully,

[palomino]

You won't get a deed of assignment as that is an agreement between the seller and the purchaser of the debt.

You should receive a Notice of assignment.