Yes Car Credit & Go Debt Help Please

[Leon27uk]

Hi there, I have been reading lots of threads regarding Yes Car Credit & Go Debt and have been impressed and have made me feel a little more at ease but I could really do with a little personal help if possible??

 

Back in 2004 myself and an Ex G/F got a car from YCC which got returned about a year later. I didn't even have a driving licence i just signed as a second person on the agreement so they would give her the credit. I split from the ex and she left the car; unsure as what to do i continued to pay for something i couldn't use and in the end enough was enough i contacted YCC and said i could no longer afford the car. They arranged the collection and nothing more was said.

 

And now dated 10/02/2010 i have a letter from Go Debt saying:

 

Dear Sir/Madam

RE: Direct Auto Financial Services Ltd.

Outstanding Balance: £ ££££.££

 

We write with regards to the above matter.

 

Should you fail to settle this matter in by 12:00p.m. tuesday the 16th February 2010 we will take immediate steps to recover the full balance from you together with interest and costs. In this event a statutory demand in bankruptcy will be served upon you perseonally(their spelling mistake ) with a view to making you a bankrupt.

 

Please note that any assets you hold may be at risk.

 

This matter has been outstanding since 2005. To date you have not made any payments towards your debt. However in MM/YYYY you purchased (My home Address) for £ £££,£££,££.

 

Please contact us immediately.

 

Justin Fowler.

Go Debt Limited.

 

---------------------------------------------------------

 

Kind of lost at the moment and has come of a bit of blow. Since all of this happened in the past i have now a Fiancee, 2yr old little boy and another boy due in June. As they stated in there letter i have recently purchased a house this is a joint Mortgage with my partner and as you can imagine she is not very happy at all with the prospect of losing everything we have now for something i did in my past and is also due to go on maternity in May...

 

Please Please any help or advise would really go along way and hopefully put myself & partner at ease!!

 

Thank you.

Edited February 13, 2010 by Leon27uk

[debt4get]

first, have they issued to stat demand yet?

[debt4get]

i should learn to read no they obviously havent as you have until the 16th give me a couple of mins and i will find the letter to send them

[debt4get]

did you take out the socalled optional insurances, and were you told..you cannot have the credit unless you do so?

[Leon27uk]

TBH i really don't know. But we were young and really wanted the car... i am sure i they said you wouldn't be able to have the car unless you take the insurance. but i have no paper work at all to see.

[Leon27uk]

BTW thank you for the quick reply debt4get.

[debt4get]

first thing we are going to need is the agreement, so you are going to have to send a cca request, this costs a pound, if they ring do not get in to a conversation on the phone with them, do not admit any liability, in fact put the phone down on them. do not worry as the agreement they have is utter garbage and has been defended in court on many many occassions, i will post up the letter for you for getting the agreement..send recorded delivery so that you know they have recieved

[debt4get]

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 from the Original Creditor and Thames Credit Limited.

4. Fair Processing Notice.

 

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.

 

 

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 yourselves 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, 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

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

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

 

Yours faithfully

[debt4get]

let me know by posting on here when you recieve the agreement or if they are stupid enough..the stat demand...

[Leon27uk]

LOL Thank you, I will get this posted by recorded delivery tomorrow and hopefully get a responce soon. What is there time scale?? just out of interest!!

[Leon27uk]

Ok my bad... I just read it in the Letter.

[debt4get]

just to add to your partners ease, she cannot be held liable for any of your debt, so if mortgage and house in joint names, then they would not be able to force sale of home to pay off debt

[Leon27uk]

ah that's great new's, we were really worried but i did think that because we only got the mortgage in 2008 we are still in negative equity due to the crunch and and fall in house prices and also i have a 17,000,00 loan secured on the house; that they wouldn't benefit from making me sell the house and hopefully the courts wouldn't make me... True or False?? Sorry i am unaware of what they can do!!

[debt4get]

very unlikely that the courts would order you to sell, and also remember that option is a very very very long way down the line... godebt themselves cannot make you do anything..they have no power what so ever...try not too worry... just to let you know, in order to have a court even to look at selling your house they would

1. have to take you to court, win, and then

2. you would have to default on the judgement.

3, they could then apply for a charging order

4. even if they gained this..they would then have to apply to court to enforce

5. almost impossible to get courts to agree to house sale where children are involved

6. your partner owns half the asset so they cannot force her so sell

so you see a lot of it is simply empty threats

[Leon27uk]

Thank you mate, you have been a real help tonight. as i said i will post the letter tomorrow and will update asap. i'm off to get my head down (work early!!)

[Leon27uk]

Well all posted yesterday, 1st class Sign for; I included the letter template and a postal order for £1.00. They said it should be there on monday and to check the tracking online along with the tracking on the postal order to see when they cash it. Fingers Crossed just waiting for the reply (well hopefully not ) Oh yeah the cheeky beggers some how have got hold of my nans number and have been proper nasty to her down the phone. One Justin Fowler he's the Piers Morgan who wrote to me. I have told her not to sit and listen to it just tell them to F**K off and put the phone down. she will give as good as she gets...

[debt4get]

they will prob send the agreement, but dont worry they are absolute bog roll..not worth the paper they are written on.. on the unlikely event they do initiate court action it is very easily to defend and win...they have lost so many of these ycc, i am surprised they are still going ahead..but there again a lot of people will just pay up to get rid of them...tell your nan to tell em if they ring again it is harrassment and they will be reported

[black1]

Well all posted yesterday, 1st class Sign for; I included the letter template and a postal order for £1.00. They said it should be there on monday and to check the tracking online along with the tracking on the postal order to see when they cash it. Fingers Crossed just waiting for the reply (well hopefully not ) Oh yeah the cheeky beggers some how have got hold of my nans number and have been proper nasty to her down the phone. One Justin Fowler he's the twit who wrote to me. I have told her not to sit and listen to it just tell them to F**K off and put the phone down. she will give as good as she gets...

 

Leon look it will cost them about 1k to make you bankrupt and if have no money the judge will kick it out .....justin Flower is a pr--k he sends letters like this to all debtors just to make you think that they will bankrupt its not true...tell them to do it if they cant serve the papers they cnt bk you. if godebt or Justin Flower keeps calling your nan get her to spek with the Police its nothing to do with her and as for your wife it will be ok but one thing speak with the CAB...

[Leon27uk]

Ok Guys I've had a quick reply from Go Debt and all in all they sent me 12 forms/letters listed and linked below:

 

Go Debt Letter.

 

CA Part 1

 

CA Part 2

 

CA Part 3

 

CA Part 4

 

Default 1 Part 1

 

Default 1 Part 2

 

Default 2 Part 1

 

Default 2 Part 2

 

YYC Letter

 

Transaction Report

 

 

 

A couple of things i noticed while looking over the forms:

 

we paid a £402.00 deposit which they didn't take off the car but the Insurance (Dunno if it makes a difference)

 

There was PPI and like i said in a previous post i'm 99% sure they said we couldn't get the credit without it.

 

Unsure about the Mechanical Breakdown and don't even know what GAP insurance cash premium was/is.

 

The signature on behalf of YCC was signed and dated two days after we signed it.

 

It also states in Termination: Your rights. That i can end the agreement if i write to YCC and return the car which i did; (I arranged the collection date and they collected) and would only have to pay half; which there clearly coming for the full amount..

 

To be fair though i really don't know what i'm looking for; and best leave it to you professionals

 

Thanks.

Edited February 26, 2010 by Leon27uk

[debt4get]

yes that is exactly what i wanted to see.. on the agreement they have taken your deposit and used it on the insurances..this makes the whole thing null and void.. not too worry, will sort out letter for you when i get home.. if they do issue a stat demand..do not panic.. in fact it is easy to set aside... once letter goes off should be last we hear

[Leon27uk]

you've just put the BIGGEST smile on my face. Hope you got paypal because once i get confirmation that it's all been voided and i don't owe them a penny I'll be sending some cash your way for making this happen

[debt4get]

I may be late home tonight as baby sitting but will defo post up letter when I get in...but it could be late on..glad you now smiling... this will soon be history

[Leon27uk]

Hahaha sweet. yeah i'll be getting my head down soon, Got work early!! if your in too late just post up the letter tomorrow and i'll have a look when i get in from work around 17:30ish. Thanks for helping...

[debt4get]

Godebt

Xxx

Xxx

Date

 

Agreement number

 

Ref yes car agreement

 

 

I DO NOT ACKNOWLEDGE THIS DEBT TO YOU OR ANY OTHER COMPANY

 

 

 

 

 

DEAR SIR/MADAM

 

YOU HAVE CONTACTED ME REFERENCE AN ACCOUNT WITH YES CAR CREDIT.

I REQUESTED THAT YOU SENT TO ME A COPY OF THE AGREEMENT FOR WHICH I HAVE RECEIVED.

 

AFTER HAVING AN AUDIT DONE ON THE AGREEMENT, IT APPEARS THAT THE AGREEMENT IS UNENFORCEABLE AND THAT YOUR COMPANY GODEBT IS WELL AWARE ON THE SHORTCOMINGS OF THESE AGREEMENTS.

 

ALLOW ME TO EXPLAIN,

 

ANY DEPOSIT OR TRADE IN HAS BEEN ADDED AS A DEPOSIT ON THE INSURANCE PRODUCTS AND NOT THE PURPOSE THEY ARE INTENDED FOR.

THAT BEING THE CAR.

 

IT APPEARS YOUR COMPANY HAS HAD PRIOR DEALING WITH A FIRM OF SOLICITORS CALLED STEPHENSONS AND I AM MORE THAN HAPPY TO PLACE THIS MATTER IN THERE HANDS. COSTS WILL THEN BECOME AN ISSUE.

 

I EXPECT YOU NOW TO CLOSE DOWN THIS FILE AS I HAVE PUT THE ACCOUNT NOW INTO OFFICIAL DISPUTE AND NEED NOT REMIND YOU ON THE REGULATIONS UNDER THE

 

CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS.

 

IT SEEMS STRANGE TO ME THAT YOU FULLY UNDERSTAND THE LEGALITY OF THESE AGREEMENTS BUT STILL CONTINUES TO ENFORCE. THAT ACTION MAY BE TANTAMOUNT TO THE FRAUD ACT.

 

I NOW EXPECT YOUR COMPLIANCE DEPARTMENT TO INVESTIGATE MY CONCERNS AND REPLY WITH IN THE PRESCRIBED TIME SCALES AND THAT NO CONTACT BE MADE WHILE THIS DISPUTE CONTINUES.

 

WHILE THIS INVESTIGATION CONTINUES I REQUIRE YOU TO SEND ME A FULL STATEMENT OF ACCOUNT, ANY DEFAULT AND TERMINATION NOTICE, AND ANY NOTICE OF ASSIGNMENT.

 

I MAKE THIS REQUEST BEING THAT YOU NOW REPORT YOURSELF AS THE CREDITOR AND MUST ACKNOWLEDGE MY REQUEST WITH ALL RIGHTS AND DUTIES OF THE CREDITOR.

 

I MUST SAY THE AGREEMENT YOU HAVE SUPPLIED MUST BE ONE OF THE WORST CREDIT AGREEMENTS IVE EVER SEEN AND WILL FULLY DEFEND ANY ACTION BY YOUR COMPANY WITH COSTS.

 

I TRUST I HAVE MADE MY POSITION CLEAR AND WILL NO LONGER ENTER INTO NEGOTIATIONS WITH YOUR COMPANY.

 

 

 

 

IT MAY SOUND A BIT HARSH BUT WE HAVE HAD PLENTY OF DEALINGS WITH GODEBT

ITS THE ONLY LANGUAGE THEY UNDERSTAND

CUT AND PASTE THAT TO WORD

THEN SEND IT TO GODEBT MAKE SURE YOU GET IT RECORDED OR SIGNED FOR

 

 

IF THEY PHONE

 

DONT ANSWER THERE QUESTIONS, JUST KEEP REPEATING

EVERYTHING IN WRITING

EVERYTHING IN WRITING

THEY ARE VERY GOOD AT MIND GAMES AND ITS FOR YOUR PROTECTION

 

 

PLEASE KEEP YOUR THREAD UPDATED, DOES NOT MATTER HOW SMALL

 

my thanks to postgjj for original letter

[Leon27uk]

Morning Debt4Get, Letter looks good

 

There is one part which is the request for Doc's:

 

WHILE THIS INVESTIGATION CONTINUES I REQUIRE YOU TO SEND ME A FULL STATEMENT OF ACCOUNT, ANY DEFAULT AND TERMINATION NOTICE, AND ANY NOTICE OF ASSIGNMENT.

 

I think they may have sent them already are you able to have a look through the links i put up to view the Doc's as i'm sure they have given me the Statement of account & The defaults; unsure about the Termination notice though.

 

Just wondered if there was anything else you may have seen for future ammo if needed

 

Oh yeah when i copy and paste do i leave in capital letters or scale it down to normal format?

 

They also said they have attached a letter from me acknowledging the monies due and owing??? Do you think this is the letter that i don't remember doing or signing (I think she may have done this on my behalf) although i don't think it matters who done it as it's not counter signed by a witness or an official legal Doc!!???

 

Thanks