GoDebt Advice Needed

[Kazamber]

Hi I also need some advice regarding GoDebt. I brought a car from Yes Car Credit on 2 April 2001. When I orginally phoned them a few days before I was told that the car I had could be used as full deposit. On arriving at their garage in Acton, I picked a Vauxhall Astra and started going through all the necessary details. When they took down the details of the car I had brought in for part exchange as full deposit and checked its details, they said there was a query on the licence plate because it had had personal number plates and therefore the car to them was probably only worth £1. However, they agreed to give me £500 for the car and take it off the price of the car. The car was £5557.00 (although this was not displayed on the actual vehicle), they sold it to me for £5057.00 and this is the cash price listed on the credit agreement.

 

After much discussion and them sorting out the credit I was told that I would also need to pay a deposit. I said I wasn't expecting to have to pay this as I was told previously that the car I was exchanging would be accepted as full deposit. After some discussion I agreed, probably foolishly, to pay a £450 deposit.

 

On checking my agreement this deposit is listed as a down payment towards the additional insurances. Although I didn't want the additional insurances I was told I had to have them otherwise I wouldn't be able to get the loan. The loan was for a period of 48 months, and I regularly made payments on this loan for the first 38 months until I got into some financial difficulties. I have received correspondence from GoDebt intermittently over the last few years and have had some phone calls to my work number requesting that this issue be resolved. I have now received a letter from them again stating that I owe £2212.00 but they would accept £500.00 in full and final settlement of my liablity.

 

I am also receiving regular harassing phone calls to my work phone from various people at Go, including Sherrie and now regular harassing calls from Stuart Barns. He also rang my mother yesterday, as she was down as one of my original character witnesses, asking for my personal contact details, which unfortunately my mum gave to him as she didn't know what it was relating to. Someone has also rang my parents again to do and know all their details and have said this matter needs to be sorted today, although they couldn't tell my mum or dad what it was regarding. Surely them having these details is some sort of breach of the Data Protection Act?

 

So as well as receiving harassing and threatening calls at work I am now receiving them at home and on my mobile including text messages. I was sent a text message saying "a process server will be attending at my place of work to serve you with a statutory demand in bankruptcy. Failure to address this matter today will start proceedings against you through the *** county court. Please note your employment and home may be affected. Please take this final opportunity to contact us on 02078312161 asking for Mrs Morris or Mr Barns"

 

Stuart Barns has also sent me an email to my work address. He spoke to one of my colleagues yesterday and demanded that I be pulled out of a meeting to speak to him. He also rang this morning, when I was out of the office, and asked that he be kept on hold until I returned to my desk. My colleague told him that she didn't know how long I would be and he insisted that he be kept on hold as he had all day. He also said he would go on the works website to find out who the person in charge was to send them an email.

 

I am desperate to sort this matter out and to stop them harassing me, especially at work. Should I reply to his email stating that after seeking legal advice I have been advised not to discuss this matter with yourselves on the phone and that I have put something in writing to them. Please can you advise

 

[padja]

first go to the Library section of CAG forums, there are letter templates that will stop harassment by phone, I've used them they do work, next is ignore the threats over bankruptcy and visiting you at work they cant and they know it, its just another form of harassment, and contacting you at work is illegal. Look through the library of letter templates, you will probably find even more useful letters tie them up and watch then disappear, its amazing how good they work. I no longer receive any calls from any DCA or their buddies, I get the odd letter but very very few. Never talk to them on the phone always in writing and always recorded delivery.

 

As an aside Yes Car Credit was owned by Provident but due to poor PR and adverse TV coverage it was wound up in Feb 2010, now I don't know but would you still owe money to company no longer trading perhaps someone with more experience/knowledge may be able to answer that.

[rameses_qc]

As to whether you still need to pay; it depends on whether the debt was assigned before the liquidation. If not, then the Insolvency/official receiver should try and recoup all the money that they can, in order to pay the creditors. Would they go to Court? I doubt it, but they perhaps would for a very large sum (tens of thousands) other than that, it's just not worth pursuing, as they want as much in as little a time as possibleSo send a CCA letter before you do anything

[Kazamber]

Thanks for your help on this. As I am new to this can you tell me what a CCA letter is?

[padja]

Consumer Credit Agreement its in the template library

[Kazamber]

Thanks for confirming this. I already have a copy of my original agreement, so do I still need to do this?

[padja]

I would because if they dont have correct paperwork they cant procedure

[debt4get]

if you bought the car from yes then the agreement will not be worth the paper it is written on....when you have a copy of the agreement let us know....i will also need to know whether you took out the 'optional insurances'.....these make the agreement null and void as they mistate the amount of credit and put you at an unfair advantage if you hand the vehicle back or it is repossessed....i have fought a number of these now and so far we aint lost one yet

[debt4get]

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

 

when you get the agreement i want you to send this to godebt

[Kazamber]

I know I haven't posted on this thread for a very long time, but so much has being going on I haven't had a chance. I did send a CCA letter to GoDebt and received a reply. They also continued to harrass me at work and unfortunately rang my mother and got my new mobile number from her and also harrassed me on that. They then served a Statutory Demand to my work address. The man who delivered it to my work address apparently waited in Reception for over an hour, I wasn't available at the time, before being thrown out by security. I thought they weren't allowed to harrass you at work? They were obviously trying to make contact with me before this became Statute Barred.Anyway finally GoDebt did take the matter to court and I now have an attachment of earnings for £100 a month for a total sum of £6257.09 (this is for the original sum of £2,212 owing plus interest) and a CCJ on my credit file. The Claim form from Cardiff Counnty Court stated that the issue date as 6 June 2011 and the Date of Service was 9 June 2011, although I received it on 8 June 2011 so how is this possible?Is there anyway I can get this judgement put aside or still dispute it? I am trying to rent a private property and this CCJ is proving a real nightmare. Also having looked at a copy of the orignial contract I signed it on 2 April 2001, the actual date I went to Yes Car Credit and purchased the vehicle and therefore signed all the paperwork, but the date of signature by DAF is 5 April 2001. Also the deposit I paid was taken off of the insurance payments and I have been charged interest on these insurances.I appreciate any advice to try and get this matter resolved. Thanks.

[42man]

Did you fight this in court ? Did you bring up the issue with missold insurance ? misplaced deposit ? and why did you leave it so long to set aside ?

[Kazamber]

Did you fight this in court ? Did you bring up the issue with missold insurance ? misplaced deposit ? and why did you leave it so long to set aside ?

 

I did reply to Cardiff Court with a counterclaim, but I never received a response to this, so not sure whether this was ever received. The next thing I received was notification from Slough County Court regarding an attachment of earnings being made.

[debt4get]

I would suggest that as this has already been to court that you speak to solicitors called stephensons, they know yes car credit and godebt and have had a lot of success in getting set asides etc...however. they are not always able to help, though they are worth a try...you could try to get a set aside on the case if you did honestly put in a counter claim and it was ignored or you never had any paperwork returned informing you of when the case was being held..though as 42man has already asked why have you left it so long to apply for set aside?....there is a real issue regarding the contract that yes used as it put the debtor in a poor position by misstating the amount of credit that was given...this was especially so when the deposit was used against the insurance..and of course the old story that ycc gave everyone... you cant have the car without the insurances....was one that we have heard nearly every time that ycc and godebt have reared their ugly head...that said now they have an order to get the money it is not going to be easy to get this set aside

[Kazamber]

I would suggest that as this has already been to court that you speak to solicitors called stephensons, they know yes car credit and godebt and have had a lot of success in getting set asides etc...however. they are not always able to help, though they are worth a try...you could try to get a set aside on the case if you did honestly put in a counter claim and it was ignored or you never had any paperwork returned informing you of when the case was being held..though as 42man has already asked why have you left it so long to apply for set aside?....there is a real issue regarding the contract that yes used as it put the debtor in a poor position by misstating the amount of credit that was given...this was especially so when the deposit was used against the insurance..and of course the old story that ycc gave everyone... you cant have the car without the insurances....was one that we have heard nearly every time that ycc and godebt have reared their ugly head...that said now they have an order to get the money it is not going to be easy to get this set aside

 

Thanks, could you provide me with Stephensons contact details.

[debt4get]

http://www.stephensons.co.uk/

link here good luck