Yes Car Credit & Go Debt Help Please

[laurab983]

yes there is a payment for insurance it was for 250 pound hope this helps thanks paul

[debt4get]

by the way that isnt your real name is it? if it is ask the mods to change it for you

[laurab983]

yes it is how do i ask for it to be changed new to this sorry

[debt4get]

click on the red triangle below your name and fill in message box to site team explaining you have used your name...debt collection companies unfortunately prowl this forum and the less they know the better

[jcbkabs]

bump!!!!!!

[postggj]

why the bump jcbkabs

[jcbkabs]

brother in law had a letter off them to saying that they wish to serve a statutory demand in bankruptcy against him so looking to see if anyone had had the same i thing this becomes 6 years old some time this year

[postggj]

well my count on yes car threads and go debt with statutory demands is 16

 

ive won every single one with costs awarded

 

they are realy no contest and a piece of cake to set asside

[jcbkabs]

hi please have a look at the pdf file and see what you think i think maybe a cc section 78/79 request

godebtletter.pdf

Edited March 24, 2010 by jcbkabs

[postggj]

my pleasure

[debt4get]

removed as not the letter required postggj dealing

 

(my thanks to postggj for bulk of letter)

Edited March 24, 2010 by debt4get

[postggj]

i see its the elusive mr barns

the same mr barns you can never contact on the statutory demands

 

give me five minutes and ill have this to send them

[debt4get]

sorry post didnt know you were dealing....godebt seem to be busy this week...as a lot of these agreements also heading very quickly towards statute barred...i think we can expect a lot more

[postggj]

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 will point out in plain English so even a juvenile can understand.

 

I HAVE NO INTENTION OF MAKING ANY PAYMENT ON THIS ACCOUNT. I REQUIRE XXXXXXX 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, PUTING THE DEBTOR AT A DISADVANTAGE IF HE/SHE WISHES TO DO A VOLUNTRY 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 intelligenceby 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 or allow me to enter a defence or close down this account.

 

 

yours faithfully

xxxxx

 

younhave gremlins on your pc d4get

fonts a bit on overdrive

 

you pick up the ones i miss

 

when did yes car go tits up

must be getting near the six year mark

[debt4get]

yeah its getting awful close to it now...i think that is why we are seeing the godebt threatomatics going into overdrive....and i think im gonna have to debug the little gremlins i noticed the fonts had gone weird pulled letter...as it looked weird and after realising you were dealing anyway... have a nice night

[jcbkabs]

hi thanks will sort this and get him to post it on monday he was having a lot of phone calls off them but i got him to send them a harrassment letter and they stopped calling this was before xmas does this letter comply with any legal reqirement or is it just a load of crap

[postggj]

d4get

sending you a pm

hope you like

[postggj]

yes car agreements are total bovine excrament

 

bull s--t

[jcbkabs]

problem is he gave the car back within the firs couple of weeks of having the car

[postggj]

d4get

 

pm sent

 

let me know what you think

hush hush though

[postggj]

problem is he gave the car back within the firs couple of weeks of having the car

 

 

makes not one iota of difference

agreement is crap

end game

[debt4get]

thanks post...nice piece...will do as requested

[pete_2000_2002]

Loads of patience needed with this mob they seem to have trouble with plain English. You will get excellent help on this site esp from Post.

[laurab983]

hi i posted yestarday about godebt saying they are going to make me bankrupt over a yes car aggreement taken out on the 25/11/04 do i just wait for the bankrupcy papers or not i have told them to stop ringing me and have not heard anything since last friday?

[postggj]

NO WORRIES PAULGEE

 

IF THEY SERVE A stat demand, we just get it set asside and award you a few hundred quid in costs

 

do you want to start your own thread on this