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Yes Car Credit & Go Debt Help Please


Leon27uk
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yeh got car from them then i saw a programme saying they were selling unsafe cars and i just had my twin girls at the time so i wated it checked they refused so i told them i want paying for itso it got took back and sold at auction .. now go debt are threatening with stat demand

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  • 4 weeks later...

hi debt4debt im in the same pickle with go debt just recieved my caa and it looks like my deposit was taken off insurance.Do i just write to go debt and say its nill and void or is there a special letter i can send they are also threatning us with a stat demand dont reall know what to do now.Any help would be really appreciated thanks.

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hi jazzy will post up letter to send if they issue stat demand dont panic..let us know and we will put together set aside for you...in the meantime send em this...send it word for word

 

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

 

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it cost you nothing it costs them hundreds when they lose set aside..and at the mo they have only threatened stat demand..dont worry...godebt lose everytime...you only need to worry bout stat demand when they issue it which you say they havent yet? just threatened

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it is excellent news..confirms what we have known for a long time that these agreements were not worth the paper that they are written on..godebt must be seriously worried by now...the only ones they will get anything from are the poor people who know nothing about this

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it is excellent news..confirms what we have known for a long time that these agreements were not worth the paper that they are written on..godebt must be seriously worried by now...the only ones they will get anything from are the poor people who know nothing about this

 

Quite:mad: Just make sure you paste the links wherever you go;)

 

1.2 million pound debt successfully written off*- Stephensons*Solicitors (Leigh, Wigan, Manchester, Bolton, St Helens) - Family, Commercial Law, Conveyancing

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/265616-official-news-go-debt.html#post3006399

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hi debt4debt i sent off the letter template you gave me i have had a letter back from go debt this morning.There letter states that because the i agreed to allocation of the down payment that i cannot deny liability.I made a down payment that to my knowledge was for the deposit on the car not a down paymeny on additional optional non cancellable insurance where do i go from here i would appreciate any advice you can give me.I have also lokked at scanned copys of agreements other people have sent to you and they are all filled out the same as mine.

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usual drivel they come back with...have a look at the above links for stephensons if you are concerned...godebt will try every which way they can in order to extort money out of you...the agreement is crap...if they dont think it is then let them issue a county court claim as you told them in the letter..they wont...they probably or may try for a stat demand...they've yet to win one...wouldnt worry...since when did you agree to the allocation of the down payment....what they are trying to say is they are holding you to the terms and conditions...it is rubbish as is the agreement..let em say what they want....we are on here absolute that this agreement is not worth the paper it is written on..so are stephensons..and so are the courts

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i sent stephensons an e-mail the other night stating i was having trouble with go debt,they asked me to let them know how much go debt was chasing me for i sent a reply but have not heard anything back.In the mean time should i write back and tell them the agreement is utter rubbish and they know that.

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you can, we do have a letter that states conclusively that you will enter into no more correspondence with them...stephensons are very good but would hold off a moment if it were me until and if godebt try playing hard ball....you will have to pay stephensons they wont do the work for nothing..but they are very very good at getting rid of godebt

Go debt

Xx

Xx

Date

Agreement number

Formal complaint as to your complaints procedure

Dear sir/madam

 

I am surprised that I have to write to you again over this account you have purchased from direct auto finance, trading as, yes car credit.

 

On xx/xx/xx I sent you a letter and I pointed out that the agreement was unenforceable due to the insurance products being added to the cost / amount of credit. I also informed you that any more threats of court action would be viewed as harassment. (Copy enclosed)

 

 

Any threats from your solicitors Hollis brigs will not be tolerated and any attempt at a statutory demand for bankruptcy will be met with an application to set aside with full costs.

 

I now require a final response from go debt over this account.

 

I will point out in plain English so even a juvenile can understand as my last letter seems to have been ignored

 

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.

 

On the next page I will explain why the agreement is uinenforceable, might I suggest running it past a solicitor qualified in the consumer credit act and regulations as it’s obvious by the responses received in this matter are incorrect.

 

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 ANUAL PERCENTAGE RATE WHICH TO WILL BE MISSTATED AND BEING A PERSCRIBED TERM, MAKES THE AGREEMENT UNENFORCEABLE.

 

Please do not insult my intelligence like last time by stating its I 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.

 

Any more acts of intimidation from your company in whatever form will now result in a county court claim for harassment.

 

I require a final response as to either issue an n1 claim or allow me to enter a defence or close down this account.

 

I await your response as to your complaints procedure for which as a condition of your consumer credit licence, you must give me a final response within the required time frame.

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as an aside my ycc agreement was originally with a dca called hillesden..they offloaded all the agreements when we originally challenged them years ago and they lost heavily in the courts over these agreements...godebt are having a last throw of the dice as they bought these lemons...but you have to look at logically..if they can get most people to pay up then they on a winner it is only now and again that people find there way here and learn they can fight them successfully

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it is a generic letter you can leave that sentence out ... I also informed you that any more threats of court action would be viewed as harassment. (Copy enclosed)

just delete that sentence it doesnt apply in your case

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  • 3 months later...

Hi all, reading this forum which has been interesting to say the least. I have a poser, also regarding Yes Car and Go Debt. Maybe Post and Debt4Get or any others could shed some light on my/my wife's position.

 

She took a car loan out with YCC on 22/11/2004 and ultimately returned car. She has since not heard anything till beginning part of this year where they started to send letters to her mum's address. We do not live in the UK at present. Following checks on GD we decided to ignore the letters and have them sent back to GD declaring we no longer reside in the country or at that address. They have continued on a sporadic basis to keep issuing letters to the same address upon which my wife's mum has returned them un-opened.

 

We have now just received an annual statement to my wife's mum's house from GD from 01/10/2009 to 01/10/2010 requesting the balance be settled.

 

Questions:

a) Does the 6 year rule apply and if so will they continue to persist after this?

b) Advice on how to proceed. We can request a copy of the agreement using the templates provided but ultimately if this leads to them issuing an SD it is highly unlikely we would be able to attend the court hearing.

 

Would welcome the advice provided. Thanks

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