Can they do this????

[mummyemma]

We are having an ongoing battle with yes car credit which has resulted with us in court once and the judge throwing the case out in our favour. They have since refiled court action which is fine cause we are happy to defend. Anyway today we recieved a letter from yes car stating they have sold the debt on to a different company serveral days before they filed the new court action. Now the new company have doubled the amount they want which I know for def is not right, but my question is I have to have a defence in my the end of next week do I carry on as normal and wait to see what happens or because the company who filed the court action now dont own the debt is that they end of the case. Any ideas or suggestions these people are giving me a headache and at 30weeks pg I dont need it

 

Many thanks

[sequenci]

why have they doubled the amount? who has it been passed to? go-debt per chance?

 

what happened in the last case?

 

have you considered a cca request? have you a copy of the agreement you can post up?

[mummyemma]

They have passed the debt to Direct Legal and collections. Basically we returned a car to them over a year agao and they are chasing us for the outstanding insurances. In court last time they hadnt filed the correct particulars of claims and were a joke and the judge laugh at them. She gave them 2 months to refile the correct particulars which they have.

 

Now we maintain that these insurances have been mis sold and that is our defence and we are this time putting in a counterclaim for the insurances. I did wonder about doing a CCA to DLC but as of yet I have no communication from them. According to the letter I had today direct auto sold the debt to them on 8th June but on the 18th June diect auto filed the particulars and I have a letter that states it is direct auto filing the new particulars.

 

So my question is is direct auto now committing fraud as they are trying to collect a debt they dont owe??? Its all very confusing

 

Thanks

[tomterm8]

edit

[tomterm8]

Whose name is on the court claim?

[mummyemma]

The name on the court claim is Direct Auto

[sequenci]

Can you elaborate on the Insurance mis-selling query? This is pretty important. Lots of possible help here.

[mummyemma]

We believe we were mis sold it on a few counts.

 

1. My husband was only on probabtion employment at time of taking on the finance which we can prove and they knew about. Before that he was only doing temping work. He did not get a premenant contract until 5 months later.

 

2. We were told we must have the insurance or no car.

 

3. We did not have the insurances explained to us, told they were optional.

 

4. We have never recieved any paper work for the insurance.

 

Any help would be gratefully reieved as I have to put in a defence by the 20th and we intend to counterclaim at the same time.

 

Not sure if it helps but when we saw the judge in April her words to us were if they refile which they did they we MUST defend ourselves again. She was not impressed by yes car at all and her words were the contract was unfair.

 

Oh and not sure if it helps but yes car are now saying the agreement was infact 2 seperate agreements but they are on the same bit of paper

 

Many thanks

[sequenci]

I have sent you a PM. I hope it is useful

[NitrousOxide]

If they have sold the debt shouldn't the new owner be the one doing it?

You can stop the claim dead if you inform the court the debt has new owners.

[itsamomentintime]

You can stop the claim dead if you inform the court the debt has new owners.

 

 

interesting, NitrousOxide, please can you elaborate?

[tomterm8]

I'm really quite confused. So:

 

1. the debt was originally owned by yes car credit

2. it was sold to Direct Legal and collections

3. And yet the name on the claim is Direct Auto?

 

Is Direct Auto a trading name of yes car credit?

[tomterm8]

interesting, NitrousOxide, please can you elaborate?

 

If a claim is brought, and the interest is then sold then the claimant has no right of action, since it no longer has any interest in the debt.

 

the new owner could apply for itself to be substituted for the old owner, however.

[tomterm8]

Case Manager

 

 

 

In the matter of XX Vs Mummyemma

Claim No: XXXX

In Court Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Your Address

 

Date

 

Court Address

 

 

 

 

 

Dear Sir or Madam,

 

 

I am writing to you to request that the court use its discretionary powers under the civil procedure rules to strike out the above claim since the claimant has no prospect of success.

 

The reason for this is that the claimant sold any interest in the alleged debt before it brought the case before the honourable court. I enclose a copy of the notice of assignment.

 

This claim is therefore entirely vexatious and I bring the courts attention to the previous claim filed against me by the same claimant (Claim number XXXX ) in the same matter.

 

Yours Sincerely,

 

XXX.

 

Enc: copy of notice of assignment

[mummyemma]

Many thanks for all that. Direct Auto is the trading name for Yes car (sorry my mistake). I shall ring the court and ask where we stand and see if they can help. The judge did grant direct auto permission to refile their claim with correct particulars of claim within 2 months which they have done just. But they did this after they had sold the debt on.

 

So will see what the court says either way if I end up in court again that letter stating they have sold the debt on will be coming with me.

 

Thanks