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godebt and yes cc again


laurab983
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hi i also have been harrased by godebt for a yess cc agreement was rely worried until i found this web site hope mine goes as well i have asked for copy of agrement which i have now recieved any help would be appricated thanks

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Hi Paul - for the caggers to help you would need to post a copy of the agreement on here using a photobucket account - erasing any personal info, i.e. address, dob, bank details etc etc.

 

Is the agreement that you ahve been sent a copy of the original that you signed??

 

MrA

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hi i also have been harrased by godebt for a yess cc agreement was rely worried until i found this web site hope mine goes as well i have asked for copy of agrement which i have now recieved any help would be appricated thanks

Hi paulgee38

look at my thread also i have just won them.....

yes car & charging order

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had letter today from swift saying they are going bring stat demand on thursday what do i do

 

 

Hi i cant help but wondered how long did it take to get the paper work off go do one!! (godebt )

 

Hope you can get it sorted soon x

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they started to phone me about 3 weeks ago the car finance was taken back in 2004 they have told me it will be hand delivered on the 1st april at 6pm but dont no what to do when i receive it any help please anyone

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Paul, with regard to the Statutory Demand, this has to be 'served' in one of several ways so make sure you keep any envelopes etc. that it may be delivered in. If it is, as you seem to think, delivered by hand, then make a note of the time and date, and if possible get the name of the person delivering.

 

An SD has to be Set Aside within 18 days of its' delivery.

 

Others will be along to give more assistance with this, but below is a link to the place where you can download the relevant forms you will require.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Paulgee

 

Let Them Serve The Statutory Demand

 

Ive Now Done 16 Of These

 

I Have The Forms Filled Out In Pdf

 

Ill Email Them To You

 

All You Have To Do Is Get The Affadavit Sworn As A Statement Of Truth And Hand Into The Court, Then Wait For A Few Hundread Quid Costs

 

Yes Car Are Realy No Probs To Deal With

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All Yes Car Agreements Are The Same

 

The Statement Of Truth, All You Do Is Take The Form To The County Court And The Court Official Will Give You A Bible And You Swear That The Statement Is Correct, Its Free

 

You Can Go To Any Local Solicitor To Do The Same But They Will Charge A Fiver

 

When You Get The Stat Demand, You Will Have 18 Days To Do This

 

When Was The Last Payment Made On This Account

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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 claimlink3.giflink3.gif

 

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 conditionslink3.giflink3.gif 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 defencelink3.giflink3.gif or close down this account.

 

 

yours faithfully

xxxxx

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this is what it says on the agreement dont no if this helps

10 £2013.28 payment protestion insurance cash premium

11 £ 550.00 mechanical breakdown insurance cash premium

12 £ 495.00 gap insurance cash premium aqpr

13 £3058.28 total insurance premium cash price

14 £ 250.00 less down payment provided by customer

15 £2808.28 shortfall required by way of credit

16 £1169.48 add intrest

17 £3977.76 ballance payable

18 £4227.76 total amount payable

19 19.9 % apr

20 48 number of monthly payments

21 £82.87 payment each month

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still no stat demand just letter saying they comining on the 1/4/2010 at 6pm to issue it they never arrived what should i do is the stat demand going to be dated from the 1/4/2010 or not till i get it please help

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