Yes Car Credit & Go Debt

[RiQ123]

Hello,

 

Just under 5 years ago I VT'd a car with Yes Car Credit under the conditions of the contract and have had nothing but trouble since. As far as I was aware I could hand the car back after 2 years and that would be that, big mistake!

 

The first thing I knew about any problems was when a debt collection company called Go Debt contacted me about the monies owed on PPI; I thought I lost the agreement so I issued them with a CCA request (enclosing a £1 cheque which they subsequently cashed).

 

Things went quiet for a while but the demand letters started arriving again even though they still hadn't provided me with the credit agreement. I was advised not to respond to them as they shouldn't be chasing me for any monies allegedly owed whilst in dispute; I simply kept the letters and filed them away just in case I needed them for future reference (harassment?).

 

Last week they contacted an old work colleague asking him if he knew me and where they could get hold of me because they needed to issue papers; firstly they have all my details but surely they can't discuss things like this with someone who I have very little contact with?

 

The good news is that I have since found the old agreement and all the other bits of paper I was given on the day; the issues I have with the agreement are:

 

1. The deposit I paid was taken off the insurance and not the price of the car

 

2. I have a Vehicle Order Form which shows that the deposit should have been taken off the price of the car

 

3. I have one of the older agreements (dated 2003) where the insurance section is simply titled "Additional Insurances" whereas in later contracts this was revised to "Additional Optional Insurances" and then subsequently "Additional Optional Non Cancellable Insurances"; surely this is them realising that the original agreement is misleading and isn't worth the paper it's written on?

 

4. I believe that the my signature should be on the same page as the finance details (this is the case for later agreements but not mine). My signature is on the same document but not on the same page; think of the document as an A3 paper folded in half with the finance details on the front and my signature on the back.

 

5. My main argument is that I was mis-sold the PPI as I was told it was compulsory and not optional and it may not even be valid for me as I was only in my current employment for 5 months and most policies require at least 6 months employment although I'm not sure if it means continuous employment or the current employer (I changed jobs 5 months previously). I wasn't given any PPI documents.

 

I believe that I will be receiving a Statutory Demand in the new few days; my response to this will simply be that they haven't fulfilled their obligations of providing me with the credit agreement as requested. My concern is that they may send it along with the Statutory Demand but I'm not sure if this is allowed (I've been waiting for it for just over for 4 years!).

 

Sorry for the long post, I wanted to write as much information as possible to give everyone the full picture. I was happy to write off the PPI as experience but the more they push the more I want to go back and claim all the monies I paid (approx £2.5k over 2 years).

 

Any help is much appreciated.

Edited March 8, 2010 by RiQ123
Changed thread title

[twofoot]

Not up my street but I'm pretty certain that YCC don't have a valid agreement anywhere in sight. Do a search for them on here and I think you'll find that our member postggj is a favourite (not) of YCC and has sent them packing on several occasions. Check out the link below along with links in that thread.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/210113-ccj-daf-yes-car.html

Edited December 6, 2009 by twofoot

[dx100uk]

you need to read this thread

 

you're in for a windfall!!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/100160-advice-needed-concerning-go.html

 

dx

[RiQ123]

Thanks for the info, I'll have a read through the links posted.

[RiQ123]

As expected, they've sent another letter asking for money, so my next step is to send this letter...

 

 

Dear Sir/Madam

 

Thank you for your letter of 07/12/2009, the contents of which have been noted.

 

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 27/10/2005 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

You have failed to comply with my request, and as such the account entered default on10/11/2005.

 

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 you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware sections 77/78 state:

 

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 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.

 

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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

[RiQ123]

I've just counted how many letters they've sent me asking for money since I issued them with a CCA request (which they still haven't responded to) and I have counted 34 letters!!!

 

Surely they cannot be allowed to get away with this?

[postggj]

Hi Riq And Welcome

 

I Take It You Have Been Reading Some Of My Yes Car Threads

 

Relax And Chill

 

These Agreements Are No More Than Lemons And Go Debt Know This

 

Give A Shout If You Need A Hand

[RiQ123]

Hi Riq And Welcome

 

I Take It You Have Been Reading Some Of My Yes Car Threads

 

Relax And Chill

 

These Agreements Are No More Than Lemons And Go Debt Know This

 

Give A Shout If You Need A Hand

 

Yeah I've read through all your posts and it has helped to put me at ease.

 

My first step is to render the contract useless and get the debt collectors off my back and then go for the mis-sold PPI.

[postggj]

Go Debt Do Stick It Out To The End

 

You Will Get An Offer Of Say A Thousend Quid To Settle

Reject It

 

It Will Take Time For Them To Addmit Defeat But Hang In There

[RiQ123]

Go Debt Do Stick It Out To The End

 

You Will Get An Offer Of Say A Thousend Quid To Settle

Reject It

 

It Will Take Time For Them To Addmit Defeat But Hang In There

 

I've been receiving final demands for over 4 years now; luckily I know my rights and won't let their harrassment bully me into paying.

[postggj]

That Answers Your Question

 

Why They Will Never Take You To Court

[RiQ123]

They finally sent me their copy of the agreement but they also sent the wrong terms and conditions; the terms and conditions they sent make reference to parts of an agreement that don't exist on my agreement. The terms and conditions they sent are from a later version.

 

Is there a letter available with some nice fancy words or should I just sent them a letter basically saying "WRONG TERMS AND CONDITIONS"?

 

I'm assuming they'll ask why I think that they're the wrong terms and conditions but as I don't want them to know that I've since found my copy do I have to explain to them why or should I not bother and let them try and figure it out?

[postggj]

tell godebt diddly squat

 

on the agreement any deposit or trade in was used as a deposit for the insurance products

 

ppi etc

 

 

confirm that and its game over

[RiQ123]

I've just received a Stat Demand through the post (dated 14th Jan) and any assistance you can offer is much appreciated.

[postggj]

well well

 

so they are playing this game

 

no worries

 

lets get it set asside and get a few hundred quid costs

 

can you post up the sd

 

minus your details

 

you can email to me if you wish

 

dont panic

 

this is mind games

 

keep the envelope

[RiQ123]

I've just scanned them in and sent them to you in a PM.

 

Thanks

[postggj]

stay with me

 

back in 5

[postggj]

going over docs now

 

how was it sent

1st class

2nd class

uk mail

tnt

royal mail

etc etc

[RiQ123]

It was pushed through the letterbox at approx 6pm tonight.

[postggj]

ok

cretin

 

To get it set aside you need forms 6.4 and 6.5 from here Forms you then need to take them to a local county court that deals with bankruptcy ...

 

 

in the morning phone the chap on the stat demand

 

thats a mr stuart barns

on the telephone number on the sd

 

its well know dca use fake names

 

you need to demand to speak to this mr barns in person

 

do not get into any correspondants with a go debt phone monkey

 

only mr barns

 

if he answers ask why they have issued a stat demand on an account thats in dispute.

 

if you cant speak to the person who issued the stat demand, it invalidates the stat demand

 

demand to speak to mr barns

no one else

 

down load those forms and ill do a statement of truth

 

affa davit

[RiQ123]

Many thanks; I've downloaded the forms and I'll try to speak with him tomorrow morning.

 

Do I get 18 days to set this aside from today (the day it was issued) or from the 14th January (the date on the letter)?

[postggj]

Most Of The Time A Dca Will Not Go Through With A Stat Demand

 

Its Just A Tactic For You To Contact Them And Be Bullied Into A Repayment Plan

 

Ill Do The Affadavit For You And Go Debt Will Be Paying You 200 Quid Costs

 

All This Will Cost You Is A Fiver To Get The Affadavit Sworn In A Solicitors Office Or Free In Court

 

 

We Have Delt With These Many Times

 

There Has Been A Lull As They Allways Pay Costs As We Say Allways Get Them Set Asside

[RiQ123]

Thanks for doing this, the forms look a bit daunting!

[RiQ123]

I've filled in Form 6.4 and it wasn't as daunting as it first looked.

 

I've also just got off the phone from them and he tried to explain that they issued the Statutory Demand because they feel that there is no dispute and in all the time that he's been in the industry he feels as confident as ever in getting a judgement in his favour.

 

He asked why I felt it was in dispute and I explained that firstly they still haven't complied with my CCA request (he got this confused with the SAR) because they haven't supplied me with the correct terms & conditions and he waffled on a little saying that the terms and conditions from all the versions of the agreement are basically the same anyway and they didn't need to provide the exact one.

 

I also said it was in dispute because of the way the PPI was sold saying that it was never offered as optional and it clearly stated on the agreement "Additional" which was later revised on subsequent agreements to "Optional" and then "Optional Non-Cancellable". He went on to say that the banks wouldn't have funded the finance unless insurance was in place because it was needed otherwise you wouldn't get the car, which is why it was called "Additional"; he shot himself in the foot because that's exactly what I've been trying to say. The insurances were never offered as optional!

 

I also explained that the deposit was taken off the insurances rather than vehicle and he explained that this was done as industry standard to cover the finance company if you didn't pay the first instalment. I explained that I have a Vehicle Order Form showing that the deposit should have come off the price of the car and he just said it was industry standard to take the deposit off the insurances to cover the finance company (he mentioned this many times!)

 

It was a long conversation and he was pleasant enough over the phone but it sounded like he knew all the arguments against the agreements and was just trying to justify them.

[postggj]

this is important

 

was it a mr stuart barns you spoke to

 

yes or no