Yes Car And Charging Order ** WON **

[gdk2711]

Hi all again

Sorry not been on for a while just been in the process of fostering 2 young children

Anyway there back GO-DEBT sent me an annual statement today

Now the debt is subject to statue barred.....

But the funny thing is i have a deed of release dated 6 feb 2010

Anyone got any pointers so i can give them some hell as now its harrasment

 

BUMP

[pt2537]

harassment?

 

how so? they are required by law to send the annual statement

 

i may have missed something of course

[gdk2711]

Not when i have a deed of release from the courts and it is settelled

Which means there is no debt to recover

[pt2537]

ok, but i think that you may well struggle with harassment the bar is set very high here,

[gdk2711]

I aint bothered by them now

But there must be some fun i can have with them

As the deed of release has been signed by WILLIAM RHODES the boss man

So i cant wait for a good grin after what they put me through for a year

[gdk2711]

And the funny part aswell is the original aggreement was 3/2004 and its now 9/2010

over 6 years which means even if i did not have the deed of release the debt is statue barred

[debt4get]

dont really know what to suggest gdk could be oft, or something along those lines...chasing a debt that is no longer owed......you could cause waves for em

[postggj]

report to the oft

 

the debt still exsists but they cant enforce

 

you have instructed them that you will be making no further payments so any demands will be classed as harassment

[gdk2711]

I have made no payments to that **** any way

But they are trying it on again so may be time for another trip to the courts..

And the produce the deed of release signed by WILLIAM RHODES himself.

But dont tell go-[problem] about it...

Im in the driving seat now after what they put me and my family through and so many other people on here i think its time to give them the headache.

Is the any template letters for this type of hassle to send to go-debt...

[postggj]

be warned though

 

if you decide to take this to the courts to decide the rights and parties to the agreement,

(ITS STATUTE BARRED AND THE AGREEMENT IS A LEMON)

 

the court will ask if you have gone through the fos

oft etc etc first

 

this is now no more than harassment so a complaint to the oft is in order

[dadofholly]

If a ycc/direct auto agreement can be proven to be unenforceable can they still default you and mark your credit file with a default?

[postggj]

If a ycc/direct auto agreement can be proven to be unenforceable can they still default you and mark your credit file with a default?

 

interesting question that

 

even though there is a debt , once a deed of release has been obtained, all ref needs to be deleated from the cra

[gdk2711]

Hi post

 

Well the debt is now over the 6 year period (22/3/2004) and i have the deed of release so stuff them

But i really do want to get my own brand of fun with them

they deserve it.

dadofholly In my case i got the deed of release they took the charge from my home and as far as i am aware no ccj on file...

I could be wrong anyone care to help me out on this one thanks

Edited October 11, 2010 by gdk2711

[dadofholly]

gdk2711

 

You mention somewhere earlier in your thread that all YCC agreements were written off.

 

Who was it that told you this - and do you have contact details?

 

The reason i ask is that i have a default on my credit file by Hillesden Securties which relate to a YCC accont. I refused to pay the PPI amount.

 

Hillesdens have not been chasing me for this for the last 3 years - and it becomes SB next year. So i do not want to drag it all up again unless i can get it safley removed from my credit file - as in the case of it being written off.

[gdk2711]

Some were wriiten off i assume it was people were fighting them...

I went through a solicitor took them a week to sort it all out...

[gdk2711]

You need to get a good solicitor on the case..

Do you have the old aggreement, if so check what your deposit went off

On the aggreement it tells you what the deposit is for (top right of the aggreement) if it was for the insurance then you can go for mis-sold ppi (thats what i did)

When did the aggreement first start was it before 2007 as the law was changed which means anything signed after april 2007 (if memory serves) you cant claim mis-sold ppi

And have you been asked to sign a new aggreement after that date, have you signed one (as this is what they do) to try get round the new law which means you have to pay it

Edited October 11, 2010 by gdk2711

[gdk2711]

I have just been on the phone to go-debt /hollis briggs and the letter was a clerical error..

How funny is that (spoiled my day now wanted to have fun with them o well)

They were really nice aswell calling me sir lol

That must have been hard for them..

I said anymore letters arrive i will be reporting them to the oft..

They could not appologise enough.....

[gdk2711]

gdk2711

 

You mention somewhere earlier in your thread that all YCC agreements were written off.

 

Who was it that told you this - and do you have contact details?

 

The reason i ask is that i have a default on my credit file by Hillesden Securties which relate to a YCC accont. I refused to pay the PPI amount.

 

Hillesdens have not been chasing me for this for the last 3 years - and it becomes SB next year. So i do not want to drag it all up again unless i can get it safley removed from my credit file - as in the case of it being written off.

I would be careful for now dont mention anything yet unless they go for a charge on your home (if you own it)

If its all quiet and they aint bothered you for 3 years then dont rock any boats...

If they start going for bankruptcy and you get mail from the courts then go to a solicitor

and while its in dispute they cant really do anything..

MAKE SURE THE LETTERS ARE GENUINE COURT LETTERS ring the court if the number is on it

but as i said if its all quiet leave it for now then when the debt is statue barred have it removed from your credit file

[gdk2711]

BUMP! dadofholly

[debt4get]

no ycc agreements have been written off to my knowledge..the only thing we do know is that the agreement is not worth the paper it is written on...this has been shown in court and by the solicitors known as stephensons who have successfully had 100's of these agreements written off...however, that said debt collectors are still gonna try to collect on these agreements as not everyone knows that the agreement in fact contravenes the consumer credit act..and the chances are a lot of people are still paying these people or are worried enough to pay them....

[gdk2711]

I agree with you on that point debt4get. But some people just roll over and pay these idiots who think they are the god

But as well you know i fought them and came out on top thanks to this forums help....

and a bloody good solicitor

[dadofholly]

I am not to worried about them taking me to court as i know the agreement i have is unenforceable.

 

Was more interested in trying to find out if the fact it was unenforceable would help me get the default removed. The default is for the PPI amount that i refused to pay.

 

If it was a fact that they had all been written off it may have been woth following up.

 

Like i said - as it will become SB next year it may be worth just letting sleeping dogs lie.

[gdk2711]

I do agree with you

let sleeping dogs lie...

If they aint following it up they may already know its unenforceable..

There has been a lot of cases won on mis-sold ppi if it gets to the sb stage then enquire on how to remove the default from your credit file ( i am not sure if it comes off after 6 years anyway)

But if it does not then i do not know how you would go about it....

As for the written off debts i was doing a search on ycc and i just came across it but like anything else it may be untrue and i just went to a solicitor...

You could go to a solicitor for advice on your matter regarding the sb and how to remove the default...

I am not sure if you can prove the debt is unenforceable then there must be something that can be done

[postggj]

if the default is just for the ppi then you can demand the removal of the default as that is a secondary agreement

 

see multiple agreements under s.18 of the cca