Go Debt old private & commercial finance 'debt' car finance Claim Issued

[dx100uk]

no rush

 

dx

[Tiny1983]

Hi all, so I'm home and

 

the letter received from P&C should be attached.

 

I've done my best to go through it all and ensure that all personal information has been removed from the letter,

and please accept my apologies for the "scribbles";

 

the editing was done on my iphone with an app, so it didnt work out the greatest, however hopefully it will do.

 

All in all, the response, to me at least, seems really sarcastic and just plain wrong.

 

They make reference to the fact that my partner should have contacted the Police if she thought the signature had been fradulently signed,

 

however when we received the SARS was the first time she had even seen that VS.

 

There are lots in it that I think is ridiculous,

 

however I don't want to risk boring you,

 

so I'll let you make your own minds up.

 

I look forward to seeing your responses.

 

Thanks again everyone for all the help and advice,

 

I hope you know what help it gives us.

[dx100uk]

my notes

 

info regarding how good BPS collections [the repo agent]

are/were is immatterial

as is the fact they [did] held a CCL

as is the fact that in april 2014 the FCA issued an IPC

 

they are stating they instigated the VS?

then why did they not instigate VT?

 

in relation to the VS, nothing to do with more than 1/3rd paid

equally VT could have been done

 

you didn't contact them about the illegal repo

as until recently you didn't know your rights.

 

as for your sig

you weren't at the repo

so it cannot be yours

 

as to the fact that you should have gone to the police

how could you - you didn't know it was signed

nor your rights to even question the repo at that time.

[Andybars]

Whilst Vehicles is not my area of expertise - the fact that the final response does not include details of how to refer to the Financial Ombudsman Service suggests an organisation with little understanding of how to deal with complaints properly.

[theoldrouge]

DX you've said it all really, Andy totally agree,looks like they are on a steep learning curve, starting with a case fee!! Back later

[theoldrouge]

couple of further points "it would not have been cost effective to secure a return of goods order via the due legal process" well keep digging:shock:, "no r will we be suspending the actions currently being undertaken by godebt" really?

[havinastella]

How different is the signature on the VS they have sent you?

[theoldrouge]

so tiny which way forward?

 

Two choices really,

 

issue against them, but you would def need a solicitor in this type of case,

as it would be upto you as claimant to prove your claim,

and has of course the associated cost implications.

 

Or forward complaint to the fos, only postage costs involved.

 

The downside being if an ombudsman eventually ruled in their favour it would make a court claim much harder.

 

Of course it does have the added advantage that godebt would be in breach of the FCA guidelines

if they tried to contiue any action whilst the dispute is with the fos (which will in all likelyhood take several months).

 

That would be my way forward, but either way I would suggest one further letter to PCF to get all your points in order

prior to sending to the fos (they did not even mention Final Response in their reply).

 

Happy to do another letter if you wish to go with this

[Tiny1983]

Hi mate, thanks again for the reply.

 

I'd take your advice to be honest and if you feel the best way to go about this would be to contact PCF again to clarify points and anything additional,

then we'll go with that.

 

Depending on their reply we'll see what happens after this point.

 

If you are able to do us a letter that would be great?

 

Thanks again everyone.

 

*to other replies: the signature is "similar" but she knows it isn't hers.

[dx100uk]

prove she was not there at repo

dx

[Tiny1983]

We've tried this, she knows she went in holiday around this time but we can't see when exactly . She's tried to check things like Facebook and old pictures but we can't get a specific date on it. I'm not sure if she can place which place of work she was at, but either way, I doubt they'd have information in relation her being in work so long ago. It's a nightmare.

[dx100uk]

witness statements from father & work colleagues

 

that should frighten them

 

dx

[theoldrouge]

ok tiny here you go, (just blagging it a little regards the ws)--

 

--I refer to your reply to my Formal Complaint reference the above numbered agreement, the contents of which have been noted.

 

I regret to note that the majority of your reply fails to address the detail of my complaint.

 

The conduct of the account prior to May 22nd2009, and the qualifications or otherwise of your repossession agents bear no relevance to my complaint.

 

I do however note that your letter confirms,

1) that in order to have signed the form of Voluntary Surrender on 22/5/2009,

I would have had to have been present at the time of the repossession.

 

I have in my possession Witness Statements confirming that I was not present on that day.

 

2)I note from your reply that

"it would not have been cost effective to secure a Return of Goods Order via the due legal process",

so the vehicle was repossessed without my consent, as I was not present on that day, in order to circumvent s90cca1974.

 

3) As regards your comments regarding not complaining to yourselves, or reporting the matter to the police at that time,

it should be pointed out that as a layperson,I had no understanding whatsoever at that time of my rights under CCA1974,

and in addition,

until I received your reply to my DSAR on xx/xx/xxxx, (which was sent in response to the initial letter that I received from GoDebt Ltd.)

 

I have never had previous sight of the VS document, so I would have had no matter about which to complain at that time.

 

Despite my extreme exasperation as to the tone and content of your initial response,

I am prepared to offer you one final opportunity to recognise,

and fulfill your obligations under section91cca1974, prior to my escalating the matter.

 

I therefore expect to receive your urgent, positive response,

 

Yours etc......

[Tiny1983]

ok tiny here you go, (just blagging it a little regards the ws)--

 

--I refer to your reply to my Formal Complaint reference the above numbered agreement, the contents of which have been noted.

 

I regret to note that the majority of your reply fails to address the detail of my complaint.

 

The conduct of the account prior to May 22nd2009, and the qualifications or otherwise of your repossession agents bear no relevance to my complaint.

 

I do however note that your letter confirms,

1) that in order to have signed the form of Voluntary Surrender on 22/5/2009,

I would have had to have been present at the time of the repossession.

 

I have in my possession Witness Statements confirming that I was not present on that day.

 

2)I note from your reply that

"it would not have been cost effective to secure a Return of Goods Order via the due legal process",

so the vehicle was repossessed without my consent, as I was not present on that day, in order to circumvent s90cca1974.

 

3) As regards your comments regarding not complaining to yourselves, or reporting the matter to the police at that time,

it should be pointed out that as a layperson,I had no understanding whatsoever at that time of my rights under CCA1974,

and in addition,

until I received your reply to my DSAR on xx/xx/xxxx, (which was sent in response to the initial letter that I received from GoDebt Ltd.)

 

I have never had previous sight of the VS document, so I would have had no matter about which to complain at that time.

 

Despite my extreme exasperation as to the tone and content of your initial response,

I am prepared to offer you one final opportunity to recognise,

and fulfill your obligations under section91cca1974, prior to my escalating the matter.

 

I therefore expect to receive your urgent, positive response,

 

Yours etc......

 

Brilliant, thank you for that. I'll get the typed up tonight, printed and sent RD tomorrow morning. Again, thank you so much for the help and advice.

 

On a sidenote, if this was to go to court, do you know of any good solicitors that may specialise in this area?

[Tiny1983]

Hi all. Finally received a reply from private and commercial this morning,

 

please are a photo of this attached.

 

I presume my next step is to take this to the FOS?

 

What is the likelihood of this complaint being upheld?

 

Any help and advice, as usual, is greatly received.

[dx100uk]

please PDF the letter

[theoldrouge]

Can't read the letter Tiny!!

[Tiny1983]

Sorry all, I had a busy busy busy weekend. I'm uploading photos of the letter from P&C and a letter received from go debts head of compliance.

[Tiny1983]

Please see attached the letters from both Go Debt and P&C - your input into our next course of action would be greatly received as usual. Thank you in advance.

[dx100uk]

hey a discount letter...

 

dx

[theoldrouge]

as dx says they are not 100% confident in their position, so we are back to this-

 

 

Two choices really,

 

issue against them, but you would def need a solicitor in this type of case,

as it would be upto you as claimant to prove your claim,

and has of course the associated cost implications.

 

Or forward complaint to the fos, only postage costs involved.

 

 

The downside being if an ombudsman eventually ruled in their favour it would make a court claim much harder.

 

you may therefore wish before making any decision, to phone your local CAB office, and ask them to recommend a local solicitor who specialises

 

in consumer credit issues, and at least have a free half hour with him, taking with you all you have done to this point, so your case can be assessed.

 

there can be no guarantee of success with the fos, the more evidence you can provide to assist your case the better, but if you chose this route

 

we would of course assist in anyway possible. Go Debt will be unable to proceed whilst the fos considers your complaint. Will await your thoughts

[Tiny1983]

as dx says they are not 100% confident in their position, so we are back to this-

 

 

Two choices really,

 

issue against them, but you would def need a solicitor in this type of case,

as it would be upto you as claimant to prove your claim,

and has of course the associated cost implications.

 

Or forward complaint to the fos, only postage costs involved.

 

 

The downside being if an ombudsman eventually ruled in their favour it would make a court claim much harder.

 

you may therefore wish before making any decision, to phone your local CAB office, and ask them to recommend a local solicitor who specialises

 

in consumer credit issues, and at least have a free half hour with him, taking with you all you have done to this point, so your case can be assessed.

 

there can be no guarantee of success with the fos, the more evidence you can provide to assist your case the better, but if you chose this route

 

we would of course assist in anyway possible. Go Debt will be unable to proceed whilst the fos considers your complaint. Will await your thoughts

 

Thanks for the replies everyone.

 

After having the discussion with my partner, I think we'll take the complaint to the FOS. It's quite "scary" having to put these things to court, and if we were to fail, we're not we could afford the solicitor fees that would come with it.

 

When we send this to the FOS, do we need to write a letter to fully detail out complaint and enclose very document we've received from both companies in relation to the debt?

[Andybars]

When sending the complaint to FOS I would take the approach of a very clear detailed summary,

trying to keep things as clear as possible.

 

I would also be emphasising whether the actions of the company are "fair " or "reasonable" rather than getting into legal technicalities at this stage

- as it is unlikely that a FOS adjudicator will have as much knowledge as some of the posters on the thread.

 

They also make a point that they do not strictly rely on the law, more a case of what is reasonable.

 

I would certainly include as much documentation as possible, but me mindful that they may pass copies to the other party.

 

Then be ready for a lengthy wait before they make a decision

[theoldrouge]

When sending the complaint to FOS I would take the approach of a very clear detailed summary,

trying to keep things as clear as possible.

 

I would also be emphasising whether the actions of the company are "fair " or "reasonable" rather than getting into legal technicalities at this stage

- as it is unlikely that a FOS adjudicator will have as much knowledge as some of the posters on the thread.

 

They also make a point that they do not strictly rely on the law, more a case of what is reasonable.

 

I would certainly include as much documentation as possible, but me mindful that they may pass copies to the other party.

 

Then be ready for a lengthy wait before they make a decision

Excellent summary Andy,

 

Tiny, download a complaint form from the fos website,ensure that both the OC and GoDebt are informed that you have escalated the complaint to the fos

 

When you have preparded the summary of your complaint, post it up prior to lodging your complaint so we can amend if necessary

 

Follow Andys advice as above when preparing, and as he says it will take a long time

[Tiny1983]

Hi all. Please see attached our complaint to the FOS.

 

Also,

we have received a letter from Go Debt on Friday informing us that

"as you are aware the limitations is due to expire" and they are giving my partner until 4pm tomorrow

otherwise they will issue court proceedings; that's less than 1 working day.

 

She has called the FOS who have advised they will be writing to Go debt to request a hold, but that it is only a request.

 

We have written to Go debt to highlight a few mistakes, and to reiterate that the debt is being disputed yesterday recorded delivery for delivery on monday.

 

Is there anything further we can do to prevent court action.

 

I believe the last time the debt was acknowledged (payment made) was on the 31st July 2008,

 

which would mean stature barred on thursday?

 

Can a CCJ be obtained in such a short period of time?

 

thanks.