Go Dept advise needed please

[pcbubba2564]

Hi all

i am in urgent need of some advise with regards to this company, they have been hounding us for years now.

we originally brought a car via yes car credit, that we gave back after 3 months as the engine blew up, we didnt hear anything for years, then along pop GO DEPT,, what rude, arrogant, incompitent idiots !!!!, they threatned us with bankruptsy 3 years ago, and being niave we agreed to pay them a lump sum of £1500 pounds and the £75 a month for a year, then they rang and said it was not enough so we upped it to £90 this was then paid for 14 months.

However our lives were then turned upside down and I was diagnosed with cancer (for which I had surgery), and my husbands father was tragically killed by a drunk driver, and the payment from the bank was cancelled to go dept, we did not notice this, and 8 months later we then recieve a letter saying they are making us bankrupt, after many rude and threatning phone calls, they decided they due to the circumstances, that we were vunerable and they wold allow us time to provide PROOF of both the above incidents... how dare they, this is my life and they have no right to ask for this information or do they ?

Well after deciding we were no longer going to pander to their bullying demands, we have recieved a phone call about an hour ago, asking when we would be in so they could serve legal papers for bankrupsy on us both.

I told them our solicitors would be intouch, and put the phone down on them.

So my question is do i need to contact a solicitor now..

And also if so many people have contacted the OFT about these cowboys, why are they still being allowed to harass people.

Can you please help

[postggj]

So godebt are still trying to con people on yes car accounts are they

 

first thing

 

cancell your direct debit etc with godebt

 

give me five minutes and ill give you a letter to send them by recorded delivery

[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 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

[Mr Worried]

WOW, That response is sheer class, wish I had someone to send that to.

 

Mr W

[pcbubba2564]

Hi

Thankyou for your reply and the attached response to go dept, we sent a letter simular to this saying that the ppi has been mis sold , to go dept about a year ago, to which their response was to say, the ppi has not been mis sold, and that they have looked into our complaint and that there is nothing wrong with the agreement, do you still recomend we send the above letter (we hope so). We have just checked the agreement, and the deposit of £400 is listed under the insurance finance and not the car finance (ps we did not give them any deposit)

many thanks

[postggj]

send it

 

godebt will never take you to court as the letter explains why

 

they may try and scare you by serving a statutory demand for bankrupcy

 

no worries on that

 

my score is 20 out of 20 set assides with costs

 

relax

 

you will never pay godebt a single penny

 

ever again

 

most important that letter gets sent recorded delivery

 

ive not lost one yet

[postggj]

i need you to post up your agreement onto your thread

 

deleate personal info but leave in the figures

 

scan the agreement and upload by googling a program called photobucket

 

any probs and you can email me the agreement as an attachment and ill post it up

[pcbubba2564]

Thats great thankyou so much for your advise, we have now done the letter ready to send recorded delivery first thing tommorow, however what do we do if they issue the statutory demand this week like he said they would before they recieve this letter.

Mandy

[pcbubba2564]

hi I have scanned the agreement but cannot add, can you tell me your email address, so i can attach it to that please, thanks

[postggj]

ime sending you a personal message with my email address

 

let me know when you have sent the agreement

 

 

if they issue the stat demand, no worries

 

we have 18 days to apply for it to be set asside

 

me and godebt are old friends

 

piece of cake

[postggj]

pm sent

[pcbubba2564]

Hi

no msge recieved yet, but will reply as soon as recieved, thanks for the replys, you are making me laugh today !!! something not done for a while, thanks

[pcbubba2564]

Hi

PM reply now done, hope you can open ok

[postggj]

give me 10 min and ill post it up

[postggj]

[postggj]

as expected

 

agreement not even good enough for bog roll

[pcbubba2564]

pmsl, when all this is over im going to get that agreement printed on a roll of loo paper (there is a place here to do that) and send it recorded delivery to guess who, the director of GO DEBT, thanks

Mandy

[postggj]

just keep your thread updated

 

you will be rebuffed about three times before they call it a day

[pcbubba2564]

Thats fine, I can cope with that, just so long as we all get the final result called justice, and once again thankyou very much.xx

[sam614]

no need for good luck with this pcbubba:lol:

subbing as nosy and

 

to see post kick butt again.

[pcbubba2564]

Hi

Just a quick update, we have now posted the above advised letter (recorded delivery), and now await the backlash from Go debt,(which im positive will come by way of a stat demand) but thanks to the advise on here no longer scares us. So we will let you know as soon as we here from them.......

[pcbubba2564]

OK Folks, here it is the big reply to the letter we sent to GO DEBT as recommended by postggj on here,

 

Dear Mr and Mrs ****

 

Thankyou for your letter, the contents of which have been noted.

 

I am currently reviewing your case and hope to be in a position to respond in the next 14 days.

 

In the the meantime, please find enclosed a copy of our complaints procedure and details of the additional help we can provide in some cases.

 

Yours sinsercerly

Training and complaince manager.

 

Is this the usual first response POSTPPJ ?

 

Well im disapointed in you go debt, now you want to get a compliance manager involved, shame you dont have the same approuch when your staff are using underhand tactics to scare, bully and threaten people into paying you their hard earned money that you are clearly not entitled too.......

Maybe when its proved that we dont owe you any money.. we might consider taking you to court for £3600 that you have fruadulantly claimed that we owed you and we now want every penny back......

 

has anyone that has won against these cowboys ever tried getting back the money they had already paid to go debt ?????

 

Mandy xxxx

[postggj]

Usual routine

 

they will now give you an offer of say

 

pay £1000 in full and final

 

sod off godebt

 

this is in the bag

 

not lost one yet

[postggj]

They will also state

 

you agreed to the t & c about the deposit etc

 

reply is

 

well the t & c do not overide the consumer credit act

 

its all in my letter

 

same crap

 

different nappy

[pcbubba2564]

ok thanks, we will await the next instalment then, thankyou, forgot to say, we get a text msge every other day via our home phone, telling us to urgently call go debt, neadless to say we are ignoring these too