Go Debt old DAF car finance SD/Bankruptcy Warning

[viper911]

Hey all,

 

I'd imagine I'm not the first to ask about these guys so hopefully someone can help put my mind at ease.

 

Starting with the basics.

 

 

Took out a car finance agreement back in 2003.

Was told I could cancel after 2 years and hand back.

Did that and got hit with bill for remaining 2 years of around £4500 back in April 2005.

 

 

At the time and for the next couple of years I got letters and read on sites like this one that they are really troublesome.

Refused to pay anything as I was told I could hand it back and I was sticking to my guns.

 

Eventually letters stopped but

now I have got a new one RE: BANKRUPTCY PROCEEDINGS.

I am sure you have seen them before from Go Debt but I am bemused with the first line of the letter:

 

We are considering making an appointment with you to arrange service of a statutory demand etc etc.

they are thinking of coming to see me to serve me with a bankruptcy demand

and they want me to agree to an appointment? Yeah sure, I'll defo be in.

 

I have read in other forums that if the credit agreement was before April 2007

and doesnt have certain data named prescribed terms then the debt is unenforceable,

as it is as well if they cant find the original agreement.

Is this correct?

 

Also, should I open communication with them and ask for a copy of my original agreement to see if they have it?

 

Any help greatly appreciated as we are coming up to mortgage renewal time in a few months and dont want this to scupper anything.

[PGH7447]

send them a cca request for the agreement, and if they want to server a stat demand then let them "arrange" a time by themselves

[PGH7447]

just read the dates, they are getting close to being stat barred in apr next year so this maybe why they are trying to get in touch, just ignore for now and let the clock tick, if they persist then send a cca

[harrassed senior]

Just for your info a Statutory Demand is not a Court Document. It is usually used as a 'frightener' to those who have not found CAG!!

 

If you follow the above advice and apply for your CCA then assuming they send you a load of rubbish, that will be a complete reason for a set aside for a Statutory Demand.

 

An SD is a 'warning' that they could take you forwards to Bankruptcy, and although not issued through a Court, can where possible, be set aside so long as this happens within 18 days of Service.

 

If this happens let us know, and you will received loads of help and advice.

[dadofholly]

Anyways, I have read in other forums that if the credit agreement was before April 2007 and doesnt have certain data named prescribed terms then the debt is unenforceable, as it is as well if they cant find the original agreement. Is this correct?

 

 

If they don't have a signed copy of the agreement they can not take you to court.

 

Being before 2007 does not mean it is automatically unenforceable.

 

Who was the finance with - it wasn't yes car credit by any chance was it?

[viper911]

Cheers for the reply folks.

 

Original agreement was with Direct Car Financial or Direct Auto Financial.

 

Something that has always stuck with me, and has resurfaced due to all these ads for missold PPI etc, was the fact that when I went in for the car (and I know I was stupid not to say something at the time, I was young and just wanting a car) but they told me the monthly payments were higher without the PPI. I found this weird but just accepted it.

 

Is this likely to be true or is it likely this is one of those missold PPI examples. Even if it is there is unlikely to be a way I can prove it.

[42man]

You are correct Viper, it would seem that the PPI was missold !!

[viper911]

Would I also be correct in thinking theres nothing I can do about it?

 

I wouldnt want to use any of these people putting ads out on the TV etc as I reckon they are probably just as bad as the loan companys lol

[sillygirl1]

You are right about the claims companies being as bad as the loan companies, they often use the same staff (I do have proof of this btw)...

 

What you need to do is ignore the letters from GoDebt and see if they are stupid enough to actually go for a bankruptcy based on the fact that they have posted a letter to you - they probably have very limited grounds for doing so, especially in view of the near statute barred status - this in itself would form a very good defence.

 

Do you have other creditors, because if you do this too can be used as part of the defence, that other creditors would be greatly prejudiced by GoDebt's vexatious and litigatious actions.

[postggj]

morning viper and welcome

 

direct auto finance id

 

YES CAR CREDIT

 

the agreements are 100 % unenforceable

 

i take great pleasure in giving godebt the run around

 

ive delt with many statutory demands from them as they would never go neaar a court room as the agreements would be thrown out

 

my addvicce would bbeto tootally ignore as this is a PHHISHING TRIP AND ALLMOST STATUTE BARRED

 

if they do issue aa stat demand then send me a personal mmessage and ill deal with it for you

 

 

 

 

 

 

 

 

 

 

ute

[postggj]

http://www.consumeractiongroup.co.uk/forum/showthread.php?277952-Yes-Car-Credit-and-Go-Debt&p=3161813&highlight=#post3161813

 

have a nose

[babybear39]

SAR the OC that'll take some time. CCA the DCA which will hold them off for a while. Hopefully the CCA will be unenforceable, if so - game over. Not long to April to be honest and if they're brave enough to issue an SD there are many here who can help you get it set aside. They may however, go for a CCJ instead or even after attempting an SD. Better to get all the info. now as you'll be in a much stronger position if the worst scenario plays out

 

PS: As they've threatened legal action but not yet served an SD you are quite entitled to use CPR

[viper911]

Thanks a lot for all your advice people. Its set my mind at ease that I wont have to pay them a penny. At least now we can look at getting a mortgage without the fear of bankruptcy hanging over me.

 

Me personally, debt wise I only have a couple of credit cards that I pay off monthly or as near to monthly as I can. I heard back in the day that it was good to have and pay off a credit card with regard to building my credit back up as when I was younger I was a bit naive to say the least, but all sorted now thank god.

[babybear39]

There is, to quite a few companies, a downside to doing that. Basically, if you don't use the credit you have some companies would consider that you don't actually need it but hopefully that won't affect re mortgaging. You should check all three of your credit reports to make sure there are no entries for this account

[viper911]

Basically long story short I got a car through Yes Car Credit years ago and subsequently handed the car back after 2 years per the agreement. They disagreed and chased me for the balance. The debt is now statute barred (however not officially designated as so yet).

 

However I do remember at the time them saying the repayments would be dearer, only by a few pounds, if I didnt take the PPI. In my youthful exuberance I thought, ok, I will save a few pounds, instead of the way I am now, excuse me, how can the value of a car go up if I dont take PPI?

 

Now, the way I am looking at it, probably wrongly but you can advise, as the debt has elapsed can I claim the full amount of any PPI? Or can I claim the amount of PPI relative to the payments I actually made? Or should I just not bother reopening a can or worms?

 

Thanks in advance for advise.

 

P.S I really hope you dont advise option 3 :madgrin:

[Bazooka Boo]

PPI is completely separate to the actual loan, or at least it should be!

 

How close to SB are we talking? What is the total balance outstanding? And would this cover the outstanding balance and give you some money back in your pocket?

 

If it won't then let sleeping debts lie. IMO...

[viper911]

The amount back prob wouldnt cover o/s debt as they claim its just over 4k, ie 2 years payts

[dx100uk]

you'll only get back what you paid..

 

what does your cra say about this loan?

 

dx

[viper911]

By CRA do you mean credit file?

[dx100uk]

yep

 

dx

[viper911]

Will check it out. Havent had a report for a while, would be good to see what is and isnt on there. Assuming better to get reports from Experian and Equifax?

[viper911]

Hey all back again,

 

Just got my Annual Statement in from Go Debt and just wondering if I should do anything about this or just leave it alone.

 

Long story short, handed car to Direct Auto back in early 2005, they said I am due money, I wasnt, it was agreed that if I handed back after 2 years then it was done and dusted.

 

since then nothing but letters every few months or so (even less frequent now thank god).

Its been over the 6 year period so assuming statute barred now.

They havent done anything barr send letters and annoying phone calls.

It doesnt appear on my credit files either.

 

Is there anything I can do to get rid of them or should I just leave it?

 

Thanks in advance

[Bazooka Boo]

You can either ignore them or send them the SB letter.

 

Personally I would be inclined to ignore them, there is nothing they can do, you have a complete defence in that it is SB, so if any subsequent fool should chance their arm in taking legal action against you, then you have a solid defence.

 

Even if you do send them the SB letter, it will simply mean that they will stop begging off you, and then they will flog it on to another fool who may begin begging off you in a few years or months time. Just ignore them, let them waste their time.

[viper911]

Hey all,

 

Think I made a bit of a boo boo though wonder if I will be ok. I was on the PC and the person on the phone caught me off guard.

 

Got a call on my mobile and it went like this. Person said they had a call for me, before I could respond hold music played and some guy came on the phone saying "blah blah blah" how can I help you.

 

I said some one phoned me and said they had a call for me. They said something about outstanding car finance, I said its over 6 years old and its statute barred (again was kinda panicking coz they caught me off guard). They then said when was the last time you acknowledged the debt, I said I have never acknowledged the debt. They said I was under the impression you had acknowledged the debt and I was calling to get settlement. I said no the debt has never been acknowledged. They said ok then I will check the records and if its statute barred I will get something out to you in writing.

 

The more I think about it the more I think it was a ploy to get me to acknowledge the debt. The deceiving part was the call to me that said someone has a call for me and then transferring me through to someone who plainly didnt know about the call. Would this be construed as me contacting them?

 

Anyway, does it matter if I acknowledge the debt if it is statute barred? I dont think it does given what I have read on here.

 

Cheers

[dpick]

Does not matter acknowledgement of the debt is by payment or in writing not from a phone call they are as usual spouting rubbish to try to get you to start payments (statute barred is 6 years and 5 in Scotland).

 

dpick