Car Finance - Debt sold on 10yrs later...

[DoobyDude]

Ah OK, I will keep trying over the next few days and hope the database clears up then.

 

I can't believe they literally stole £210!!

Just shows how bad I am with numbers that I didn't spot this earlier, it's people like me

they made their money from I guess!

 

Should I still send the "Statute Barred" letter to BCW, as from reading earlier posts in this thread I gather the PPI is a totally seperate issue?

 

I am going to order my credit repot from both Experian and Equifax tomorrow and see if this is on there.

 

Thanks for all your help, I guess I have a lot of reading to do to find my next step.

[dx100uk]

post will pop in just wait

 

pers i'd not send any letters

 

its for them to prove its not sb'ed not for you to prove it is

 

dx

[DoobyDude]

Awesome thanks mate.

 

I'll wait to see what other people can advise me before I send anything else, and maybe try and get an appointment at my local CAB.

[DoobyDude]

Hey again guys, hope everyone had a good double Bank Holiday!

 

So, this morning I received the agreement through the post as I requested, also attached was another sheet which showed ther £210 being taken off the amount of the car (as opposed to the agreement, where it was added back on!), and a payment summary showing the last transaction/payment made on this account was 07/11/02.

 

What they didn't send was the letter saying I had reached my Minimum Agreement...suprise suprise!

 

The cover letter reads: "Please find enclosed a copy of your statements/agreements as requested. Payment is due to *** on receipt of this statement" - Does this mean by just receiving the letter I am duty bound to pay in any way?

 

I'm not sure whether to point out that the agreement "stole" my deposit, repossessed the car without meeting the rules set in the contract and go for getting some of the money back, or whether to just send a "Statute Barred" letter and have done with it.

 

Should I contact CAB and see what they say?

I was waiting for post to pop back in as suggested, but he hasn't as of yet and I don't want to leave this lingering too long.

 

I don't think they know I have the original paperwork, and it maddens me to think they hound people like this after 11 years knowing full well most people will have lost/thrown away the paperwork after so long!

 

Any advice appreciated.

[DoobyDude]

Anyone?

[DoobyDude]

Another bump.

 

Have just just had a letter from the original solicitors demanding payment, offering an installment plan and lots of red ink saying if I ignore it I will be taken to court and have to pay costs etc.

 

Advice on my next step appreciated....I'm thinking Statute Barred but am a bit unsure what with the PPi thing that was brought up in previous posts.

 

Thanks in advance.

[postggj]

ive only just got back my subscribed threads after the cag gremlins

 

send the statute barred template by recorded delivery

 

mind you

 

makes a change from yes car and godebt

 

the agreement is pure bo====ks0

[dx100uk]

pers i'd send nowt

 

back to post 3

 

get that ppi back you paid

 

dx

[DoobyDude]

Hi again guys, sorry to dig this thread up.

 

Quick summary, I followed the advice in this thread with regards to sending letters and got my PO returned both times with a letter stating that "I wouldn't be bothered again by that company (Buchanan, Clark & Wells).

 

I didn't do anything regarding the PPI claimback that was mentioned.

 

I have now recieved a letter about this again, this time direct from Aktiv Capital. (sp?)

 

So I rang them up to tell them I had sent all letters regarding this to Buchanan Clark & Wells

and I am fed up of this debt being sold around time and time again - they then informed me they have had the debt since 2003.

 

I asked why they don't have the paperwork I have already sent in and they told me they have no paperwork from me at all - utter crap!

 

When I informed them the debt was statute barred

the woman got all arsey with me and said it is not statute barred as there was a payment on the account in 2006

- this is also false as my letters prove the car was illegally repossessed in 2002/2003

and there is no way I would make a payment 3/4yrs later for a car I don't even have anymore

and knew they had broken the agreement in 2002!

 

I told them I have all the documents to prove that the car was taken illegally

and I have letters to prove it (saying their interest in the vehicle had ceased)

 

and that it means I can reclaim anything I paid under that agreement (this is in the actual agreement!)

and of course they repeated that they have no paperwork on file to this effect and can I send it in for them to look at.

 

I refused and said I am not sending any original documents as they will go missing,

and if I hadn;t kept these documents for 10yrs as it is, then I would have no evidence of any of this.

 

She requested I send photocopies....

 

OK, so I ask for your help again in what to do, because this is seriously turning into harrassment and seems never ending.

 

Every time I have to do the same stuff over and over, receive letter, send letters, send PO, get response, wait, recieve letter, send letter, send PO.

 

Then wait for the cycle to start again with a new name on the header.

 

All the original docs are still available to view from my OP's, and I really want to end this, and get back anything I can to rub their noses in it!

 

Would it be worth me going to a "no win no fee" solicitor and with all the documents and letting them deal with it?

 

I don't mind them taking a fee I just want it ended, and if I get anything back then its a bonus.

 

I should say that I got a copy of my credit agreement when I originally posted and there is nothing on this regarding this debt.

 

Since the OP I have been accepted for a credit card and a store card.

 

If it is easy enough for me to do myself then I will give it a go, but I really need some advice again on my next steps.

 

I'm also hoping that I havn't started the 6yrs again by making contact via phone with them.

 

Any advice welcomed - please help me stuff this down their throats, and maybe even look into this PPI thing for £2500 that was mentioned!?

 

Thanks in advance (again)

 

Dooby.

[dx100uk]

hey woe slow down calm down

 

why did you phone them...what s the golden rule?

 

never ever talk to a dca on the phone

 

now

if you can get all the payments back

 

get on and do it...

 

if they repro'd the car unlawfully the whole lot is yours to get back.

 

dx

[dx100uk]

i see it never got that far and prob barred by now.

 

however, i'd pers give the original creditor a ring on monday

and ask why they did not give them back

i think you have a letter stating they would?

 

as for the ppi

 

easy to do

and easier now

 

we've got automatic spreadsheets to do it now

 

dx

[DoobyDude]

Hey dx,

 

I rang them as I was just so annoyed I'd got another letter, and after getting the response last time from Buchanan Clark & Wells I thought the matter was over and wanted to let them know this fact.

 

My mistake and hope I have not messed up too much!

 

When you say "ring the original creditor and ask them why they did not give them back" - what are you referring to?

The letters I have are in my OP's, but I have not recieved any letters stating they would give me any money back at all.

 

I have the original agreement which says on it that if a certain amount is paid then they cannot take the vehicle without a court order (which they didn't have) and if the agreement is broken then I am entitled to all money paid.

 

These are in the CA and letter stating "We are please to confirm the above numbered Conditional Sale Agreement has been reached and our interest in the vehicle has now ceased"....which I assume refers to the minimum amount for repossession without a court order being reached?

 

Who is the original creditor, Yes Car Credit / Direct Auto Finance or the last company to request money (Aktiv Kapital)

This last letter says the debt is £3911.14 yet if I pay £1368.90 then they will pay £2542.24 - how kind of them eh!?

 

I'm unsure what I can / cannot get back as each time the amount requested is different, the company is different and they act as though they never heard of each other - which is why when they said they have had the debt since 2003 it threw me...

 

If that is true then surely they should have all the letters I sent to BC&W last year?

 

Somebody also pointed out earlier in this thread that the £210 deposit was taken off the interest (not the car) and then added back on at then end and that this may also make the whole agreement invalid - but it wasn't confirmed and I'm not sure if this is another route I could take?

 

To be honest I would rather get this main debt sorted before I start looking at PPI, but I don't know what to do next or who to do it to.

 

I promise I will not be making or taking any more phone calls though!

 

Thanks in advance for you advice.

[dx100uk]

well you cant reclaim the PPI if you get all your payments back. you dont need too reclaim ppi if you do that.

 

the agreement is invalid due to the deposit fiddle

the car was unlawfully repossed - make the agreement invalid too

 

forget all the DCA's etc etc .

 

you need to contact Yes car credit.

 

i think you might well get some luck following the recent news.

 

dx

[dx100uk]

http://www.bbc.co.uk/news/business-17298515

[DoobyDude]

Wow, I didn't even know about that - at least it's come to light after all this time about what they have been doing!

 

I think Yes Car Credit disappeared / went under years ago, so should I contact Yes Loans?

Would I be best doing this myself or contacting a no win no fee solicitor?

 

What sort of letter should I send, just point out the agreement is null and void due to the deposit fiddle and the car was repossessed illegally and I want all my money back as per the t&c's of the agreement?

 

What should I send to Aktiv Kapita with regards to this?

 

Thanks again, you really are a star!

[dx100uk]

do not go near any fleecing NWNF solicitor

you'll lose +50% of your claim

 

and refrain from using the word illegal

- its not a criminal matter - it's a civil one. unlawful.

 

pers i'd ring them and listen to what they have to say.

 

they cant claim its sb'ed as fleecers are still chasing you.

 

have you ever checked your cra file ?

 

dx

[DoobyDude]

Thanks again for the reply dx.

 

However I am a bit confused, as you say to ring "them" - who do you mean?

 

Also in your last message you said to never ring and speak to them?

 

Why would they claim it is statute barred, isn't that what I would be doing?

 

I got my credit report from experian/equifax when I originally posted this thread, and there is nothing on there in relation to this. As I said in an earlier post also, since then I have been accepted for a credit card and a storecard.

 

Thanks.

[dx100uk]

ring yes loans as a punt

worth it to see what they say

 

you've been done over

you are entitled to your money back

why did it not happen

 

we know the answer, but it might be funny

or it might work.

 

dx

[DoobyDude]

Hey dx,

 

Yeah I have been done over, but I don't know why I havn't got my money back yet?

If you know the answer, could you tell me?

 

I will give them a ring tomorrow and see what they say, and post back here with what they have said.

 

I will admit I'm not sure what to say, but I will see if they know anything about the debt in question.

[dx100uk]

prob because you let it run and knew no better!

 

not your fault

 

worth a punt though!!

 

dx

[DoobyDude]

Sorry, let what run?

 

Your replies are kind of like riddles, I'm a bit confused?

 

No offence intended as I appreciate your help!

[dx100uk]

well you poss had the recourse to complain last year

but you've let it run.

 

[done nothing to catch the runaway chicken]

 

dx

[DoobyDude]

hahaha, right OK I'm with you now.

I let it run after the letter from Buchanan....thinking it was over, and could have done then what I am going to do now.

 

OK well I will call tomorrow and see what they have to say and post all the info here.

 

Thanks for your time, it's appreciated.

[DoobyDude]

Sorry I havn't updated this sooner as I've been really busy.

 

I decided not to call Yes Loans and am going to send the letters I sent last time to Buchanan Clark & Wells but this time direct to Aktiv Kapital and see what documents they send me back.

 

If this is wrong please advise, otherwise I will report back their response.

 

Thanks.

[dx100uk]

leave them alone

write to yes loans and get that q answered

 

dx