Claimform by DAF (Yes Car Credit) **WON**

[philballard30]

Hello,

On recently checking my credit report online, i've got a CCJ for about £4k something for a car, i can remember a DCA contacting me about 3 years ago chasing the debt and i faxed them telling them to disappear as i'm not paying for something that doesn't work (they came and collected the car one day) didn't hear anything since, and i don't recall receiving any paperwork about it going to court otherwise i would have gone and defended myself. trouble is i've checked all my paperwork boxes and can't anything relating to the fax i sent, is it worth me contacting Northampton BCC getting it set-aside? thee CCJ is already 3 years old, and was obviously very surpised to find it on there?

any advice?

[twofoot]

How have they got a CCJ without you knowing. Have you moved house and if you have were they aware of it?

[philballard30]

It's a good point, i stumbled across this CCJ several months ago, when i couldn't get a mortgage, and there it was, i'd actually moved house and was living with my girlfriend after i sent them the fax stating i wasn't going to pay them due to goods not being fit, and the fact they had the vehicle returned to them?! i'm going to do some digging but i think the CCJ was at my old address.

 

yes, just checked my credit report online and the CCJ is registered at my old address, no notice given (i don't recall any way)

[postggj]

right then

 

if this is a yes car or funding co debt, it will be crap, 100%

 

setting asside should be no problem either, like it never exsisted the ccj

 

the most this will cost you is seventy five quid

 

if you are up to it, let me know

 

do you still have any correspondants from the dca or solicitor

 

was it marlin/bramber or go debt

[philballard30]

It's Yes Car Credit, i've just been through all my documents relating to that period of my life, incl a court fine, lots of papers relating to an attempted repossesion by the Abbey (sold the place before it went thru) but nothing about a judgement for this car, nothing, no notices from a solicitor or even Yes car themselves, i don't have anything from the dca and can't remember who they instructed to contact me!

 

Just like to get this set aside first to get my head together and plan my attack.

 

oh BTW postggj

 

I'M UP TO IT!! LET'S GO!

[twofoot]

You will get top advice from postggj so I'll leave it at that. Yes are numpties and you will win all the way with this, just take the advice you are given.

[postggj]

to begin with,

go back to your credit file and where it states the ccj, look for the court details and prob case numbe#

when you have that, give a bell

if not there, we can get a copy from the registry trust

[philballard30]

Hi post,

This is all there is on my credit file.

 

NORTHAMPTON CCBC / 6XC16049

 

 

County Court Judgment (England, Wales and Northern Ireland)03/08/2006£ 6,880

[postggj]

This Is The Northampton Bulk Centre

 

Give Them A Call And Quote This Claim Number#

 

6xc16049

 

Ask Them If They Can Let You Know Who The Sols Are

 

If No Joy, We Will Get Te Details From The Registry Trust

[philballard30]

Erwin Mitchell - got a phone number only and a ref number of:

 

DIRE05001008

 

(i like the first bit of that DIRE lol)

[postggj]

Mr Mitchel, Not Cohen For A Change

 

Leave This With Me For A Few Days

[kh41]

Philballard30 , postie is the man , ive just had a 5K account with yes car credit and bramber thrown out thanks to him and his advice, your in safe hands

[philballard30]

Thanks Kh41, mines sitting at Northampton BCC as £6.5k ccj, thought something didn't sit right so i checked my CR and there it was!! i'm trying to, but i think i might be able to prove i was living elsewhere when the ccj was issued.

[postggj]

HAVE A NOSE TO BEGIN WITH

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195364-bramber-dr-daf-ltd.html

 

YOU NEED TO SEND AN SAR

 

WE WILL THEN MAKE AN APPLICATION TO GET THE JUDGEMENT SET ASSIDE

 

THE MAX THIS IS GOING TO COST YOU IS 75 QUID FOR THE SET ASSIDE AND A TENNER FOR THE SAR

 

IVE NOT LOST A YES CAR THREAD YET AND SEE NO REASON FOR YOURS TO BE ANY DIFFERENT

WHEN YOU HAVE READ THE ABOVE THREAD, LET ME KNOW

Edited August 10, 2009 by postggj

[postggj]

Your Sar Goes To

 

Direct Auto Finance Ltd

Springfield Road

Horsham

West Sussex

 

Rh12 2rg

[philballard30]

Ok Post, i've read that thread and i've put together my SAR, i'll send it tomorrow, registered with a £10 po

[postggj]

Depending How Long It Takes To Get Back Your Sar,

Ime Confident At The End You Will Have No Debt And No Ccj

[philballard30]

Well, it's been nearly a month ( i sent the SAR on the 11th of Aug, was recieved by Yes on the 12th) and i have had no correspondence, nothing to say they've received it or even that they're having difficulty finding my records! (this is gonna be easier than i thought!) i will keep you posted, countdown until the 23rd Sept then that will be 40 days gone!

[overdone]

When 40 days have gone and they are in default of the sar, does this mean they cannot collect on the account?

[philballard30]

Ok Post,

 

'Yes' have finally got back to me, i'm at work at the moment but an envelope has arrived today, what should i be looking for or what's my next move?

[postggj]

thanks for bumping

is it the sar you got back

 

list whats in it please

[philballard30]

thanks for bumping

is it the sar you got back

 

list whats in it please

 

Loads of stuff, i've uploaded some to photobucket if you need to look at anything let me know and i'll post the link

 

Daf contents picture by philballard30 - http://i928.photobucket.com/albums/ad121/philballard30/DAFcontentspge.jpg

 

also theres an account summary, an events record (screen dump of everything the company has done with me. a quality assurance checklist, a payout checklist, the finance application form, copy of credit agreement.

 

BUMP

 

 

Bump.... i must emphasise that there is an application in with a constabulary and it's in the initial stages...they don't take too kindly to their potential officers having CCJ's......the CCJ in my opinion was issued illegally as i've checked with Northampton BCC and they've told me the date of the judgement and i would have moved house by then.... and anyway i would have been prepared to go to court to defend myself as Yes Car Credit sold me a lemon which broke within the first 12 months and no-one would repair it even though i bought extra cover for mechanical breakdown. i'm very much prepared to pay the £75 for this and stand in front of a DJ for it.

 

Still here Post

[middenmess]

Hi philballard [i hope that's a posting name and not your real name!]

 

Postggj would seem to be the man for this as he has already shown interest and offered to assist.

 

You can always send him a PM to see if he is able to help further or if no joy then click on the red triangle beneath your name to alert a member of the site team.

[philballard30]

Hi philballard [i hope that's a posting name and not your real name!]

 

Postggj would seem to be the man for this as he has already shown interest and offered to assist.

 

You can always send him a PM to see if he is able to help further or if no joy then click on the red triangle beneath your name to alert a member of the site team.

 

Hi Midden, not my real name, postggj has been spot on so far, and i've been pm'ing as well, but it's the usual story if you're good at something word spreads and you become very popular...i can appreciate how busy he is. i'll bear the site team in mind but i;m prepared to wait a little longer for him, as i believe it'll be totally worth it in the end!

[philballard30]

Yep.

Had a car with Yes Car Credit, i defaulted a couple of times, and ended up paying them over £900 in arrears, then shortly after that the car suffered a major breakdown, i'd asked Yes at the time of purchase for 3 yrs breakdown, but when i took it to Nationwide repair centre they refused to fix it, i stopped paying and signed and returned a surrender notice, they came to collect the vehicle, had a few letters from them asking for the money, then DLC got involved, issued another default notice, then i changed jobs, i faxed DLC from work telling them that under the sale of goods and another act, i will not be paying for the vehicle as it was not fit for the purpose (didn't even have it for 12 months before it broke) i moved house shortly after that......3 years later tried to get a mortgage and found that DAF had got a CCJ against me, i checked my credit file and there it was, i received no paperwork relating to court or i would have gone to court and explained this to the DJ and i would have won! but i wasn't given the opportunity. this is preventing me from getting a mortgage, and may prevent me from volunteering with the local police