Yes Car Credit - Red Castle - Zinc Recovery already paid

[beckslayer]

Hi all

 

Please excuse me i'm new and finding it all a little confusing with where to go etc etc.

 

My husband had a car years back with Yes Car and handed it back in early 2005 we then had the hooplar as others seem to have had over debt collections for the PPI and mechanical cover.

 

My husband never wanted the PPI and was told he could not have the car unless he took it, he actually wrote a letter to try to cancel it but was told he could not.

 

any way Red castle started chasing for the Outstanding debt as they called it for several thousand pounds of PPI and mechanical insurance, my husband argued he did not want or agree to the PPI and he was miss sold and even tried to cancel it, they seemed a little shaken when he said that he did agree to the mechanical cover. Anyway they agreed to settle for a final amount that would cover the mechanical cover he had been roped into that was just under £1000 so he made payment monthly to them of just over £150 till it was paid off.

 

Then that was it as far as we we concerened

 

We got married in 2006 etc etc

 

Then low and behold...... it starts again.... about a year ago 2009

 

This time with have 3 times daily calls from Zinc recovery in Scotland, who now seem to have purchased the debt that he had already agreed and paid off. My husband is furious and flat out refuses to speak to them, this has been going on for about a year. on occasion they will speak to me and i relay my husbands message of "we paid it with red castle - take us to court" but it seems to do no good the just call and call and call. i've explained he won't speak to them, i've explained the agreement and payment in full of that agreement to Red castle but they still seem to think they are entitled to harass us.

 

Now we are pretty organised since we got managed, but from before that, my husband is not, he doesn't know where the paperwork is etc etc

 

But they don't seem to think they have much to go on or we would have been in court or at least had CCJ paperwork or the likes by now.

 

It just infuriates me as this is all over completely miss sold PPI that seems to have been fraudlantly enforced on all of Yes Car Credits Customers.

 

Anyone have any ideas??

 

I would really appreciate some help

 

Thanks

 

Becky

[harrassed senior]

Hi and welcome, first of all send the following letter to them by Recorded Delivery

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

Add to the bottom that you have made complaints to OFT and Trading Standards.

 

Make your complaints online at Consumer Direct

 

It is for them to prove you owe any money not for you to prove payment.

 

With regard to claiming back the PPI this is an area I personally am not familiar with, but others will be along to advise. Assuming that this is the money they are now after, that can easily be dealt with by claim it was mis-sold in the first place.

[debt4get]

HI becks and welcome...we have been dealing with ycc for a lot of caggers lateley and it would seem yet another dca has now surfaced we have a standard letter to send them..as you probably know the agreements from ycc are absolute rubbish and break numerous rules of consumer credit act...can you confirm if you have the agreement or not? can you confirm if you paid a deposit on the car and if so was it put against the insurances...if it was this makes the agreement invalid and unenforceable in court

[debt4get]

SEND THE IDIOTS THIS...

 

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 XXXXXX 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

 

[beckslayer]

Hi guys

 

Thanks for the speedy welcome and help

 

Yes i have found the agreement

 

 

its dated may 04 and the deposit or (down payment provided buy customer as they call it) has been removed from the insurances.

 

what i also find exceptionally strange is the lack of any dates to the signitory boxes on the consumer credit agreement, the only date is on the direct debit form??? find that really odd

[debt4get]

in that case send the above letter to them informing them that they either issue an N1 claim or close the account...have you got anything in writing that you paid the other parasites as a full and final settlement..cos it looks to me that they have taken the 1000 quid and then sold on the rest of the debt to the next bottom feeders along the chain

[debt4get]

also add harrassed seniors complaint letter into mine this should put a stop to any more calls...make sure you send the letter signed for..so you have proof they have received it

[beckslayer]

Unfortunately my husband is mr disorganised its only down to me rescuing the consumer credit agreement we have it, so far i have no proof of the agreement with red castle. Hes now more organised since we got married but thats because i organise him lol, i'm still trying to sort through his financial messes etc 4 yrs on from getting married but its been difficult as i have been very ill the past 2 years and had to leave a good career due to a very diffucult illness. I spend from oct -april in hospital with a severe mental health illness and still suffer greatly. So we have been under huge financial strain as i can't work. It really not helping having vultures constantly calling and threatening. It's been bad enough being stripped of my dignity and a well paid career and being made reliant on others and some rather highly sedating and debilitating medications. So believe me when i say any help is greatly appreciated and means alot.

[beckslayer]

Also please excuse my spelling and if sentence seem muddled i have some brain damage from treatment i had and get words and sentences muddled. I have a few issues with things these days i get a little confused

[pt2537]

SEND THE IDIOTS THIS...

 

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 XXXXXX 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

 

 

The APR is not fatal to the agreement, it merely renders the agreement improperly executed , the Court can enforce for a minor breach

 

However, you would need to establish that the agreement contains a mis stated amount of credit

 

you will want disclosure of the agreement first

 

IMHO that letter is dangerous if the person sending does not grasp the legislation and understand when the facts of their case apply to the letter they are sending

[beckslayer]

So the agreement is still valid?

 

even though the lied about the PPI and the deposit?

 

would it help to see the form?

[pt2537]

yes, i think the problem here is, that the total charge for credit does not lead itself to a fatal breach what you need is to show that a charge for credit appears in the creidt and vice versa

 

If the PPI was forced upon you, and you could not reject it then it will be a charge for credit and therefore if it is found within the credit, then a prescribed term will be misstated and accordingly will lead to fatal unenforceability

 

if you can post the agreement minus the personal details then we can let you know what the issues are with the agreement and how to attack this

[beckslayer]

ok going to cover personal bits and scan it