Yes Car Credit & Go Debt Help Please

[RiQ123]

This is what I put down, don't forget to add mileage costs if you need to travel to court (I live within reasonable walking distance so didn't add them)...

Costs For Set Aside Application Case No “xxxxxxxx”

xxxxxxxx Court on xxxxxxxx

Rate Claimed Litigant in Person rate of £9.25 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

18 hours £166.50

 

2) Time spent communicating with Respondent and swearing affidavit

 

2 hours £ 18.50

 

3) Loss of day’s wages for attending court on xxxxxxxx

£ 80.00

 

Total £265.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

[RiQ123]

Also when you put in your costs you need to make sure you also send a copy to Go Debt, they must receive them 24 hours before the court date.

[Leon27uk]

Thanks for that Riq, I will have a look when i finish work, I'll pop my own details in and see what you think...

[Leon27uk]

Ok update on the courts...

 

I called them this afternoon as I still haven't received anything from them. They are currently running two weeks behind and mine is in the next pile to be looked at...

 

Can Go Debt file for bankruptcy now? Or not as it's not my fault?

 

will the courts take into consideration that it's their delay and not mine???

 

AARRRGGGHHHHH Nightmare...

[debt4get]

no go debt cant file for bankruptcy...one it would cost them the best part of a grand....and two you have a set aside hearing.....do not worry....cant honestly see godebt shelling out a thousand pounds to make you bankrupt can you? you will get a hearing and you will win and it will cost them a few hundred pounds in costs...panic not!!

[Leon27uk]

Cheers Debt. So you reckon just sit back and wait till my court hearing? If I get further letters from go debt whilst waiting for the courts I'll post em up...

[debt4get]

yep just sit back chill etc..know its easy for me to say and harder for you to do...but seriously..please dont worry it is in the bag....you really have no problems and we will get em.....

[kazlinsta]

Hello, Im new to this site, and been reading up on Leon's case. I only owe £619.38, as my car was almost paid off when trouble hit.

I myself am in the same kind of dilemma. So far I have requested and received Transaction report & Credit agreement, and a letter that they say they sent 1st November 2004.

Do I need to post these document? If so how do I do that.

My credit agreement also shows the deposit was taken off the insurance and not the car.

I really hope you can help me as this is getting me down.

Please advise

 

May I also say by reading whats happened so far your doing a great job.

 

Look forward to hearing from you Kaz

[debt4get]

if the deposit was taken off the insurance then thats all we need to know really..this makes the agreement totally unenforceable in law if you want i will post up letter to send them i take it, it is godebt...when was the last payment or acknowledgement you made that you owed this alleged debt?

[kazlinsta]

Iv'e never acknowledged the debt. When I requested the info I added the statement without prejudice, and no debt is acknowledged to you.

Yes it is Go debt.The letter that accompanied the info also offered a lower payment of £400 to clear. The last payment made to them by direct debit was 29/07/04

[kazlinsta]

Sorry it wasnt made to go debt it was made to yes car credit

[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

 

send this as the debt does not become statute barred until july of this year....if they try for a stat demand which is their favorite tactic do not worry it is easy to set aside and you get a pay day into the bargain

[kazlinsta]

Thanks I'll let you know what happens.

[debt4get]

yeah keep us updated on any developments with a bit of luck they will go away with their tale between their legs..they know very well the agreements are pants....unfortunately the only people who are paying them are the unlucky ones who have not found their way here...yet

[kazlinsta]

I'll be sure to spread the regarding this site its very informative. Nice to know there's someone there with knowledge regarding these matters.

[pete_2000_2002]

My bet is they ignore that letter and try again. I still havent heard from them regarding the letter from Post I sent to go last week.

[debt4get]

if they ignore fine...we have set out our position clearly...issue N1 or go away you will not get another penny piece..issue a stat demand? fine we apply for set aside and costs...we havent lost one yet....they have nowhere else to go now

[kazlinsta]

Well I put it in the post today by recorded delivery..... lets see what happens now

[debt4get]

yep its a waiting game

[laurab983]

i am also being hounded by godebt for a car loan from yes car finance it was on the 25/11/04 i have been threatend with bankrupcy and been asked to pay 5500 pounds to clear a 9000 debt i have asked for i copy of the aggreement which they have provided now i dont no where to go from here please help thanks paul

[RiQ123]

i am also being hounded by godebt for a car loan from yes car finance it was on the 25/11/04 i have been threatend with bankrupcy and been asked to pay 5500 pounds to clear a 9000 debt i have asked for i copy of the aggreement which they have provided now i dont no where to go from here please help thanks paul

 

Can you scan in the agreement and post it up on here? (taking out personal details)

 

The thing to look out for is the insurances; did you take these out and was any deposit used against them?

[debt4get]

i have just answered your pm paulgee..as riq has said would it be possible for you to post up the agreement, or confirm that on the right hand side where it say optional insurances they have used deposit against the insurance?

[pete_2000_2002]

Can you scan in the agreement and post it up on here? (taking out personal details)

 

The thing to look out for is the insurances; did you take these out and was any deposit used against them?

 

Can we assume that most YCC agreements are like this? From what I can gather they seem to be dodgy.

[postggj]

Can we assume that most YCC agreements are like this? From what I can gather they seem to be dodgy.

 

 

IVE YET TO COME ACROSS A LEGAL/COMPLIANT YES CAR AGREEMENT

[debt4get]

to paul have just pm you again with letter what i would like you to do in order that these threads dont become complicated with so many yes car credits is to start your own..go to main page and click on start new thread button at top of page....then title it something like paulgee and yes car credit