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YES Car Credit Debt | Check CCA Please!


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  • 4 weeks later...
been off the grid for the last few weeks

 

whats the situation

 

Well now I'm stuck as after informing them that I was misold PPI they said they disagree, I once again told them about the misold ppi and mentioned stephensons solicitors however they have sent me another letter saying that they believe the agreement to be in their favor and to get the solicitors in if I wish as they feel they are in the right.

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well they would say that....it may be worth ringing solicitors to see what they say...or you could issue a claim yourself...the agreement is without doubt utter crap....we all know those of us who dealt with ycc was 'you can only have the credit if you take out the optional insurances' we all know it was missold..it depends i suppose on where you want to go with this, i have the letter stating that the agreement is rubbish and for them to get lost i can let you have a copy if you wish....

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Well now I'm stuck as after informing them that I was misold PPI they said they disagree, I once again told them about the misold ppi and mentioned stephensons solicitors however they have sent me another letter saying that they believe the agreement to be in their favor and to get the solicitors in if I wish as they feel they are in the right.

 

The miss-sold PPI is a side issue, the deposit came off the insurances which makes the agreement unenforceable. The DCA's won't go near a court with these agreements because it's costing the money when they lose each time; their only hope is to bully and threaten people into paying them.

 

They do someties push for a Statutory Demand in court but they just hope that you will either back down and agree to pay them something or just don't bother defending it so they win by default.

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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.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.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.gif or close down this account.

 

 

yours faithfully

xxxxx

 

 

(my thanks to postgjj for bulk of letter)

 

this is the letter postggj put together to send to godebt and any other dca that are trying to enforce the agreement it contains all the arguments that stephensons would put to them if you asked them to deal

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Hi, thanks for the template this hopefully should do the trick, do I send it just as it is changing the details? or are there any parts I need to cut out in the final print? thanks again :)

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no only thing you will need to change is the name of the dca otherwise send as is...either they are gonna have to put up or shut up...they darent put up because so far they have yet to win one of these ycc agreements in court

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no only thing you will need to change is the name of the dca otherwise send as is...either they are gonna have to put up or shut up...they darent put up because so far they have yet to win one of these ycc agreements in court

 

Ok thank you very much, I've done that and it's all ready to post, so I shall keep you up to date with how it goes :)

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  • 1 month later...
  • 4 months later...

Wow .. well I finally got a letter regarding this issue today, It's from DLC on behalf of Hillesden saying if I pay £1230.65 then they will write off the remaining £3691.94 and close the account, Is this normal procedure?

 

Obviously considering this is a totally unenforceable debt they are trying to just get something for it but what do you think I should do next guys?, also if it's another letter could someone pm me or post a template for me to use for it? thank you.

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  • 4 weeks later...

Hey, I ignored it and got another letter today from MDB (Mercantile Data Bureau Ltd)

 

Telling me about the outstanding debt, ways to discuss it and of course the usual option of "doorstep specialists"

 

Is there anything I can do to actually get this situation closed? I heard around that many people offer them a payment of £1 or something like that to close the account and sometimes the accept, I can keep ignoring but is there anything else I can do to draw a line under this? Thank you.

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Public Register logo.dark.gif

menu_arrow.gifCRW

 

CCA Search :: CCA Search Results :: Licence Details

 

Application / Licence Details

 

 

 

Licence Number:0545676

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration Number Mercantile Data Bureau Limited1829604

 

Categories:

 

Consumer credit Credit brokerage Debt administration Debt collecting

 

Right To Canvass Off Trade Premises:No

 

 

Trading Name(s) (Current):

 

MDB Mercantile Data Bureau

 

Issued Date: 16-Nov-2003

Date Maintenance Payment Due: 15-Nov-2013

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePosition Robin Michael Faccenda Susan Faccenda

 

Nature of Business:

 

Debt Adjusting Other

 

Current Address(es):

 

Address TypeAddress Principal Place Of BusinessBuckingham Road, BRACKLEY, Northamptonshire, NN13 7DN Registered OfficeC/o Faccenda Group, Willow Road, BRACKLEY, Northamptonshire, NN13 7EX, UK

 

Historic Address(es):

 

Address TypeAddress Principal Place Of Business., Buckingham Road, Brackley, Northamptonshire, NN13 7DN Registered Office., Willow Road, Brackley, Northamptonshire, NN13 7EX Registered Office., Willow Road, Brackley, Northanptonshire, NN13 7EX

 

 

Dynamic.aspx?text=BackDynamic.aspx?text=History

 

 

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©Copyright 2007, Office of Fair Trading Version 1.0.2.16365

 

Partners In Enforcement: Office of Fair Trading, Consumers Association, The Information Commissioner, Financial Services Authority, OFTEL, The Office of Gas and Electricity Markets and every Trading Standards Service in Great Britain.

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