Yes Car Credit & Go Debt

[debt4get]

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 claim

 

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 conditions 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 defence or close down this account.

 

 

yours faithfully

xxxxx

 

 

(my thanks to postgjj for bulk of letter)

 

SEND THEM THIS EXACTLY AS IS....EITHER THEY ARE GOING TO HAVE TO PUT UP OR SHUT UP...SO FAR ON HERE THEY HAVE LOST EVERY YES CAR CREDIT ONE THEY HAVE GONE AFTER DONT WORRY THEY WILL GO AWAY

Edited March 17, 2010 by debt4get

[debt4get]

can you just confirm when you made the last payment on this vehicle including the full and final settlement date?

[lilly-ann]

Hi,

Many thanks for your help, I do appreciate it very much, I will need to look at statements to check the final payments, but even the girl at go debt said they were larger sums and two in one month she thought this strange.

Lilly-ann

[lilly-ann]

Hi again,

The payments were in 2003/2004 though.

Lilly-ann

[debt4get]

depending on what month in 2004 it was this would make the alleged debt also statute barred...if no payment nor acknowledgement has been made on the alleged debt for 6 years (5 in scotland) then the debt is well and truly statute barred which is a complete defense in court..which is why i was interested in when the last payment/acknowledgement was made...if not.then send the letter and lets see what they come back with

[RiQ123]

Cheque received today!

[debt4get]

way result hit em in the pocket...they deserve nothing less

[postggj]

Great News

 

Godebt Bite The Dust Again

[sinbad11]

hi all,im having similair problems as many on here,go debt!!!they have issued me with many threatening letters aswell as a statutory demand,they sent me a letter a few days later after serving me, threatening me with a stat demand,muppets.i visited the cab on monday and they foned gd as we were cnfused by the letters,they sed the second letter was for somebody else.they are chasing me over a car purchased from ycc in 2003,i returned the car 2 yrs later as i was informed the arrears of about £1200 would be all i owed.go debt are chasing me for £5200.They have sent a copy of cca,should this be the original? any advice would be grateful:-x

[postggj]

SINBAD

 

CLICK ON THIS LINK TO START YOUR OWN THREAD

 

Debt Collection Industry - The Consumer Forums

 

CLICK ON IT

SCROLL DOWN TO START NEW THREAD

CLICK AND YOUR AWAY

 

CALL THE THREAD

 

YES CAR AGAIN

 

ILL THEN JUMP IN

 

REGARDS

[sinbad11]

hi post,have started thread,what errors on my cca would make it un-enforceable,any help would be appreciated

[sinbad11]

ok post,have started thread,fire away,what do you need to know:smile:

[shifty7667]

Hi i'm new here and just rec'd a statutory notice from godebt. I never took put the ppi only the mechanical breakdown and gap insurance but looking at my agreement they used my deposit against the insurance and not the car. I have read that this makes the agreement worthless, is this true??

[postggj]

you bet its true

 

are we talking a statutory demand for bankrupcy received

 

you need to send my template to godebt

 

do you have it

[shifty7667]

yes mate it was a bankrupcy notice and no i dont have your template

[klassykitty]

I havent sent the CCA yet as i must of thrown out the last letter from GoDebt and couldnt find anything to reply with ref no.. I knew it wouldnt be long before they wrote again and today i have received 2 letters - 1 from GoDebt well its actually just a card saying 'This is serious' with a section to fill in my details and monthly payment offer. The other is from Hollis Briggs solicitors stating if i dont pay GoDebt £7143.70 within 5 days from the date of the letter (14th May) or contact them with reasons for withholding payment they will commence legal action.

Do i send CCA to Hollis Briggs or GoDebt?

[postggj]

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 claim

 

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 conditions 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 defence or close down this account.

 

 

yours faithfully

xxxxx

[shifty7667]

thanks mate but i never took out the ppi just the gap and mechanical insurance. Should i just delete the bits refering to ppi

[postggj]

Yep

 

the Important Thing Is Any Deposit Or Trade Inn Was Used On The Insurance Crap, Not The Car Finance

 

Send Recorded

[postggj]

Shifty

 

Ity Will Be My Pleasure In Doing the Paperwork To Get This Set Asside And You Will End Up With £300 Quid Costs On Godebt

[shifty7667]

thanks mate here is a copy of my agreement can you just check it b4 i send the nice letter. Do i need to get the statutory notice set aside still?

 

Edited May 17, 2010 by shifty7667

[postggj]

can you cut and paste the image code onto your thread

[postggj]

ill repost

 

its needing a bit of cutting

[postggj]

 

now this is one agreement thats total bovine excrament:grin::grin::grin::grin:

 

can you confirm no reg or agreement number is showing please

[postggj]

can you please confirm no agreement or reg number is showing

 

any one