Yes Car And Charging Order ** WON **

[debt4get]

we have all been most grateful for your help gdk i am just a bit surprised didnt know you had another problem that you needed help with...just thought you were posting it for info....i will most certainly help out if i can....i take it that you had an agreement with welcome which states it is now not collectable and that they have sold it on suggest you send this to dca...

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

hope this helps...

[debt4get]

how old is this agreement gdk?

[sequenci]

and get hassle off the moderators on here how ungrateful is that

so i think why should i leave this thread for them to read and maybe help them

 

Which moderators?

[gdk2711]

DEBT4GET

We got the car in 2006 (it was swapped as the original car (mazda had faults)

So we paid to have major repairs and kept up with the finance payments and in constant contact with welcome and the garage in question but all to no avail.(mondeo)

we were told we would have refunds for the insurances (ha)still waiting from 2006

anyway we decieded to pay off the loan in june/july 06 but few problems with new house move we never paid then (to pay off loan then was £4200 ) so we contacted welcome and explained this

no hassles we still paid the finance payments

Then december 06 we were in the position to pay loan off

well it had jumped to £5800 and when queried they said its how the insurance worked............

anyway fare to say the car went back

after that they got a judgement which we swiftly jumped on and then sent them all paperwork for the repair costs and a covering letter detailing

all the problems encounted

2 days later i had a phone call telling me they were going no further

that was aug 2007

now they sell the debt, and again they have the paperwork!

and the agreeement they sent me has no collectable on it

and the word fraud ( as i complained to them telling them this had been alterd after i signed it

thats on the agreement

but i have both agreements for both cars and the insurances have been ticked after i signed them but the mondeo one has 1 extra than the mazda agreement

Anyway update its in the hand of solicitors as we speak they are giving the a choice write it off and we walk away..............

Or carry on and we claim all the money we spent repairing the car

The insurance payments we paid upto they date the car went back

And compensation for harassment

THE BALL IS IN THERE PART OF THE FIELD AS WE SPEAK

[gdk2711]

That letter is good cheers

i will keep you posted debt4get

i think i still have your e-mail

[Leon27uk]

Hi Mate, Did you get your Deed of release from Go Debt in the end???

[debt4get]

gdk had a prob with some mods apparantly and aint been on for some time now..think he did get deed of release but has another problem now with welcome..i think...what is your status re godebt now leon? how has it panned out m8?

[klassykitty]

I had a car from YCC in approx 2005, i fell behind with a couple of payments and they took the car away, i have been getting letters from Go Debt and recently they have been threatening to go to court to file for bankruptcy.. Today my sister called me and said they had left a message on her home phone line answer machine asking questions about me and if we are related!! How dare they harrass my sister about this! I have no idea how they got her number and we are both married so we havent got same names...

I have no paperwork on the agreement or anything and it has been years since ive had contact from them.. The last time i spoke to them was approx 3yrs ago when they rang my then next door neighbours asking questions about me! It was embarrassing when they came round to tell me a company had been calling them regarding me, i rang them and gave them a roasting on the phone and told them to take me to court. It seems they just wont go away...

[debt4get]

hi klasskitty and welcome..godebt are a really tenacious little bunch who send out stat demands for bankruptcy like confetti....if they are calling other people i would certainly put in a complaint to the OFT via website...godebt wont actually initiate county court action if they can help it..it seems they prefer to go down the stat demand route....if they do issue let us know and we can apply to get it set aside and hopefully win you a few hundred quid in costs to boot

[pt2537]

and i never even got a sniff so if thats the case i cannot be botherd offering help or even ask someones opinion if they dont have the courtesy

to acknowledge you....

and after i sent across some valuable paperwork to help future caggers

and get hassle off the moderators on here how ungrateful is that

erm i have been a moderator on here for 2 years and i have no idea whatsoever what the hell you are on about?

 

who hassled you? what reasons were there given?

 

to make such a comment is shocking, this is a SELF help forum primarily, so its placing the onus on you to look around and find the info you need, and where necessary to bring your issues to the attention of the site team, via pm if needed.

 

So if your comment is that no one helped you then did you take the initiative and ask the team for help?

[klassykitty]

I have just spoken to my sister again, she told me Go Debt have called my Mum and Grandad today as well as her.. They have called her 2 times today and told her they wanted to contact me regarding some paperwork and if they didnt get in touch with me they would have to take me to court but they didnt want to do that and didnt want to send anyone to my house if they could help it.. He told her he couldnt say too much but he was from Auto Direct.. It really annoys me that my family are getting harrassed by these clowns and hope they dont contact my new neighbours as we really dont get on too well with them

[debt4get]

is there a reason why they cannot contact yourself? what i concerned about is that they may try and get a ccj by a backdoor route and the first you know about it is when one of your family find it on their doorstep...that said...i sort of have mixed feelings about contacting them and giving them too much information..but in this case if your family is being hassled i do suggest you complain in no uncertain terms to the OFT..i would think that godebt are trying to issue a stat demand...it is their usual modus operandi....unfortunately apart from complaining if you dont want them contacting family neighbours etc. you may have to bite the bullet and contact them yourself...even if it is by letter...in fact we tell posters on here never phone dca's but always deal by letter

[debt4get]

have you got the ycc agreement? if so we could send godebt a naff off letter that we use pointing out the errors in the agreement...and try getting them to back off that way

[klassykitty]

Yes they are contacting family because i guess they are trying to confirm where i live, they have started sending letters to my address, ive only lived here 11 months and only 14 months in my previous house, i also got married almost 3yrs ago so my name has changed, maybe they are having trouble keeping track of me!

[klassykitty]

Ive got no paperwork for them at all, they didnt contact me for so long i thought they might leave me alone.. no such luck

[debt4get]

i would suggest sending for the cca...when you get it let us know as most of the ycc agreements are absolutely bog roll....they arent worth the paper they are written on....i do not think that godebt will desist in fact if they go by their usual pattern they will issue a stat demand and try for bankruptcy..either that or they may try a ccj through back door and first you know bout it is it is awarded...it is a difficult one this as they obviously think they have their hooks in you...and by harrassing your family you will poke your head above the parapet...and they can then shoot at you...

[klassykitty]

How would i go about doing that? sorry if it has been asked before but im finding this hard to process, im facing eviction atm too, so got alot going on..

[debt4get]

start by sending them this

CONSUMER CREDIT ACT 1974

Xxxxxxx

Xxxxxxx

Xxxxxx

Date xx/xx/xx

 

 

 

To Whom It May Concern:

 

Your Reference: Agreement Number:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request. If you intend to send a reconstituted copy of the Consumer Credit Agreement you must declare the reason why it has been reconstituted and if the original still exists and in what form (microfiche) etc

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration of Justice Act 1970, Protection from Harassment Act 1997, and Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

[klassykitty]

Thanks

[Leon27uk]

GUYs GUYs GUYs

 

I haven't been on in while and am sorry to dissapear after all your help but it was all done for self security and now have very very good news....

 

My case with Go Debt is now CLOSED :D:D Waaa Heyyyyyy!!!

***Deed of release is in my hands as I speak***

 

After losing my set aside and the court ruling against me I was all ready to setup a repayment plan with Go Debt when I thought giving Stephensons a call wouldn't hurt..

 

I had a good chat with them and forwarded everything I had on Go Debt and they agreed they were 80% sure they could help (as nothing is 100% as I found out with set aside :()

I decided to go ahead with it costing me £250.00 to get the ball rolling within 2 weeks of Stephensons dealing with my case Go Debt agreed to write of my debt and sign a deed of release. The whole Process proberly took around a month from the initial call to getting the Deed of release and only cost me a total of £250.00 (my initial down payment)

 

It was the Best £250.00 I have ever spent as the total debt witten off ended up being £8625.00. (Great Trade In My Eyes)

 

A BIG BIG thank you to everyone who helped me and hope this tread serves as a great place to see a start to finish case and the struggles you may see along the journey...

 

And finally a apology to Debt4Get as you replyed to my message I left on GDK's Thread the other day asking how I was getting on... I wanted to reply but until I got this Deed in my hand I was keeping very HUSH ...

 

As you can imagine I am over the moon this morning...

 

 

Leon.

[debt4get]

leon i am really really pleased for you m8 i really felt for you when you lost the set aside..i thought you really got shafted by the dj...i am glad everything worked out for you...amazing really after the big let down you had...i always knew godebt didnt have a leg to stand on..but when you comeup against a dj who knew nothing about consumer law it was a real bu**er..once again m8 excellent news

[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?

[gdk2711]

Hi Mate, Did you get your Deed of release from Go Debt in the end???

 

Hi LEON

 

Yes mate i did thanks

just not been on for a while

hows you

[gdk2711]

gdk had a prob with some mods apparantly and aint been on for some time now..think he did get deed of release but has another problem now with welcome..i think...what is your status re godebt now leon? how has it panned out m8?

 

GDK2711 HERE

The welcome problem is with solicitors...

And i have since found all paperwork from welcome not getting order and all my paperwork from all major repairs done to car

STILL WAITING

KEEP YOU POSTED AND WILL E-MAIL ANY GOOD DOCS

WHICH MAY HELP FUTURE CAGGERS

[gdk2711]

Bump!!!!!!!!

Just Popped Back