Yes Car Credit and Go Debt

[pureangel]

I had a car with YCC and now have Go Debt chasing me. I bought my car a 1.9 tdi megane in 2004. Sadly due to illness i lost my job 3 months later and advised Yes of this, they told me to arrange for collection of the vehicle and i will owe nothing. They took the car in may 2005. Since then i have been chased relentlessly for over £6000 In the beginning i tried to offer goodwill repayments as i was on incapacity benefit of £20 a month then i'd raise it to £50 a month just until i got back on my feet financially and medically but the amounts i offered were refused both times, at one point they even tried saying i'd offered those amounts based per week not per month. I have since had a baby (i also have a teenager) and they have now threatened me with bancrupcy. After alot of verbal sh** on the phone they offered me a final payment offer of £1000, if i paid this that would be it........however the catch was that i had 1 week to get the money together. I begged, pleaded and borrowed off family and managed £500 and offered 5 monthly payments of £100 for the rest they also refused this offer. I have now recieved a letter from Hollis Briggs threatening me with bailiffs and bancrupcy. I'm still unemployed and i'm a single parent living on my own i don't want my children to lose all their things and i don't want to lose my things either. This is really starting to scare me ......PLEASE HELP ME SOMEONE :-(:-(:-(:-(

[cerberusalert]

Moved to the Debt Collection Forum.

[impecunious]

Hiya pureangel

 

For starters, please don't worry. They're just trying to frighten you and it looks as if they're succeeeding!! Bailiffs are definitely NOT an option yet - you haven't been taken to court, you don't have a CCJ and you haven't defaulted on it! No-one is going to take your children's stuff! As a single mum with a young baby and older child and unemployed, you fall under the "vulnerable" category if bailiffs are ever involved.

 

I'd strongly suggest NOT borrowing from friends and family to pay the DCA - that's pure intimidation and against guidelines anyway.

 

I'm no expert on vehicles, etc. but can I ask when was the last time you paid anything towards this alleged debt? If they've been chasing you for £6,000 and now suddenly are only asking for £1,000 - I'd think VERY DODGY!!! It suggests they don't have a valid agreement. Have you requested a copy of your CCA? I'd suggest you start the ball rolling by sending off a CCA request letter plus £1 postal order to cover costs. Don't use your usual signature - just squiggle. We'll see if the CCA is enforceable. Look for the letter in our templates section.

 

Once we've ascertained whether they have a valid CCA, you can then start thinking about how much you can afford then. (e.g. £1/month if you're still on benefits) DON'T give them any details of your I&E - you're under absolutely no obligation to provide a DCA with that level of personal information - only a Judge can request it.

 

DON'T speak to DCAs over the phone - you're just giving them an opportunity to bully/intimidate you even more. If they phone you, don't answer their security questions and just keep repeating - everything in writing please. Keep a file and put everything into it! Keep a paper trail - things will become a lot easier to follow.

 

If they come to your door, just tell them to go away (politely, of course) - or you could resort to FOXTROT OSCAR if you're so inclined.

 

One step at a time! You'll get lots of invaluable advice and support now that you're here. Most of us have been through very similar and survived to tell the tale.

 

Impecunious!

[postggj]

SO GODEBT ARE UP TO THERE OLD TRICKS AGAIN

 

PLEASE DONT PAY THESE CRETINS ANOTHER PENNY

 

CANCELL ALL DIRECT DEBITS ETC

 

JUST FOLLOW THE ADVICE IME GIVING ON THIS THREAD SO YOU HAD BETTER BOOK MARK IT AND KEEP YOUR OWN THREAD UPDATED

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?277724-Go-Dept-advise-needed-please&p=3134445&highlight=#post3134445

[twofoot]

If you don't understand what Postggj is on about, further advice from postggj is coming soon. Postggj has lots of experience with this lot has has never lost a case, nor will yours be lost. Don't pay another penny and don't speak to them on the phone, tell them writing only and put the phone down if they ring you.

[pureangel]

An e-mail i sent them sadly this is the first written communication i'd had with them except for 1-2 letters requesting them to take the car back as it was faulty (the initial reason for me wanting to hand the car back in the first place) with the fault on the car causing me not being able to get to work on time or sometimes at all resulted in me losing my job and at the time my daughter was ill in and out of hospital so i also couldn't get her to hospital when i needed to I almost had a breakdown at one point. If you need anymore info let me know.

 

FAO Mark Williams,

 

As is my legal right I am writing to request a "true copy" of my credit agreement be sent to me please from the true owner of the outstanding debt and also a copy of the court order requesting repossesion of the Renault Megane 5dr dTi Elize, Reg No X684 KJW. I will be seeking legal advice on this matter as during one telephone conversation I was advised that i would be given £5000 'compensation' for being mis-sold a faulty vehicle and would only have to pay £1000 within 7 days, however when I stated this would not be possible and i offered £500 up-front and 5 x £100 installments as reasonable repayment to yourselves as I am an unemployed single mother of 2 children this offer of 'compensation' was swiftly removed and I was advised that it wasn't actually compensation at all. I was even advised that interest rates were that low at the moment that my parents could go to their bank and get a loan for me and have the money in the bank by the following day which I think was inappropriate as I found myself feeling obliged to discuss my parents financial obligations to youselves which is nobodys business but theirs.

 

I did advise you that I tried to hand the vehicle back due to a serious fault with the vehicle and was told by yourself that the contract I signed was a non-cancellable contract which I was not made aware of when I signed (had I been made aware of that fact I would not have signed) and was unable to return the vehicle anyway. Also due to the fault with the vehicle the GAP cover would have been invalid so if an accident had occurred that this would not have covered me for any insurance payout.

 

I am well aware of the practices by Yes Car Credit of issuing faulty vehicles to unaware customers and customers being told that if they hand the car back to Yes then they will cancel the agreement and the customer will owe nothing only to find out, like I am now, that they will be chased relentlessly by debt companies like yourselves for the outstanding balance which I am now disputing and I have since been enlightened to the recovery practices of Go Debt so I believe that further legal advice will be my best option on this matter rather than deal with what I consider to be 'bully boys'.

 

You have advised me that you will be issuing Bankrupcy procedures against me and that even if I do appear in court I will not be able to state my case to the Official Receiver of the Bankrupcy court against these procedures, however this is something I will discuss with my solicitor when I recieve the requested documentation from yourselves.

 

I would appreciate that you no longer telephone me and all correspondance should now be in writing from now on based on the all the issues i have mentioned.

 

 

I look forward to receiving the requested documents as soon as possible so this matter can be resolved soon.

 

Yours Sincerely

[postggj]

Please follow my advice with this lot

 

do not talk to them on the phone or send any letters or emails without me going over them

 

it is for your protection

 

send that letter ive posted by recorded delivery

 

if they phone just state

 

everything in writing and put the phone down

 

you have to deal in a certain way with these jokers

[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

[pureangel]

I only found out about CAG last night this is an email I sent a few weeks ago. This dabacle has been going on for I don't know how long now but i recieved the letter from hollis briggs a few days ago. Believe me I feel ALOT BETTER after reading this forum and I've also found out a few new interesting things

[pureangel]

I part ex'd my car and the money for that was taken off the insurances not the cost of the car itself and i found out exactly who hollis briggs are now

[postggj]

Thats your defence

 

be it ppi

trade in

etc etc

 

the money was not used for the deposit of the vehicle, only for the insurance crap

 

game over

 

just send that letter

 

they have had enough of them believe me and they will realise they will not be able to con you any more

 

remember

 

recorded delivery

[postggj]

I eat hollis briggs for breakfast

[pureangel]

lol so i see. If this work i wish i was a fly on the wall when they open the letter. . . . . .

[pureangel]

I've not spent long looking at this site but its nice to see i'm not alone dealing with these A Holes there are loads of people who's had dealings with them and most of them are the same thing Yes Car Credit

[postggj]

Ive had personal dealings with them also

 

they are just bullies

 

they know these yes car agreements are lemons yet still scare people with baliffs etc

 

these agreement will go no where near a court room so they try and secure the debt by statutory demands

 

with people like myself

debt4get and dx around

 

they have no chance

 

next to welcome finance

 

i loath yes car and there poodle

 

hollis briggs

[pureangel]

I did start to wonder when i just kept getting phonecalls and never any letters which is why recently when things really started heating up did i cut off all verbal contact and just dealt in written communication they started twisting things and backtracking. I'm blond not stupid lol

[pureangel]

sorry i didn't mean that how it sounded (the blonde thing)

[postggj]

your fighting back now

 

remember

 

you have won this and i can say that 100%

 

may take three sod off letters by reply but they do give up in the end

 

and ill get it off your credit file also as in law

 

the agreement does not exsist as it has not been executed

[pureangel]

will send that letter tomorrow to them. Its even tempting to take it down to their offices myself they're only in cardiff i could do with a day out lol (joking)

[postggj]

remember

 

recorded delivery

 

just keep your thread updated

 

the slightest thing

 

remember that you have an army behind you now

 

YOU ARE NO LONGER ALONE:-)

[pureangel]

[pureangel]

Thats what i thought, I stopped paying from the day they took the car thats what yes told me to do. I worked for some horrible companies but this one beats them all. I felt awful having to explain that my parents couldn't lend me the full £1000 and couldn't get it off the bank either.

[AngryWithAmex]

Hi pureangel

 

Report them to the OFT straight away, visit their website http://www.oft.gov.uk/contactus and then either email or phone, write etc.

 

GoDebt must me at the top of their watch list as i have reported them and got a response within 20mins.

 

The more people who report them, the better chance they could lose their credit licence.

 

Regards

[Pathway]

Hi

 

Yes Ive reported Go Debt to the OFT - but got email back saying we dont get involved and to speak to Consumer Direct!!!

 

Consumer Direct - they are useless - I suppose they are a govt quango - they should have their licence suspended.

 

Shall follow up with OFT - like a dog with a bone!

[cerberusalert]

You have to go through Consumer Direct who pass it on to Trading Standards who then report to the OFT.