Yes Car Credit - Claim chaser

[julian1968]

Hello

 

Last year (before I found this forum) I allowed a claim handling company to go ahead and apply for and audit some of my current and past agreements

 

The claim company were rubbish and slow so I took back my claims from them to do myself

 

Today however, the claim company have sent me some paperwork including an audit of one of the claims, Id just like some advice on it please

 

The audit states that the agreement with Yes car credit (which is an account that was settled a while ago) is in breach of the CCA act in some parts by not showing the correct information or showing incorrect information and so the agreement has not been properly executed.

 

Anyway, The claim company state that I would be able to seek recovery of all payments made under the agreement as the lender has unlawfully been in receipt of them.

 

Has anyone had any experience of this or know how I would go about making such a claim

 

I will post pics up of the claim company letter tomorrow

 

Thanks

[pt2537]

yes, correct if the agreement failed to contain certain terms and accurately state the amount of credit for example and was a loan which was secured upon the car

[rory32]

Anyway, The claim company state that I would be able to seek recovery of all payments made under the agreement as the lender has unlawfully been in receipt of them.

There is no basis in law for doing this and IMO would be simply considered as unjust enrichment. I would ask the claims company on what specific points of law they are relying on.

 

Most of these claims companies have no legal qualifications.

 

If they took it to court and the judge ruled against you you may be hit with a legal bill of several thousand pound.

[pt2537]

106. Ineffective securities.

Where, under any provision of this Act, this section is applied to any security provided in relation to a regulated agreement, then, subject to section 177 (saving for registered charges)— (a)

the security, so far as it is so provided, shall be treated as never having effect;

 

(b)

any property lodged with the creditor or owner solely for the purposes of the security as so provided shall be returned by him forthwith;

 

©

the creditor or owner shall take any necessary action to remove or cancel an entry in any register, so far as the entry relates to the security as so provided; and

 

(d)

any amount received by the creditor or owner on realisation of the security shall, so far as it is referable to the agreement, be repaid to the surety.

 

section 106 CCA 1974 allows you to recover monies paid in realisation of securities under an unenforceable agreement

 

however you need to make sure the agreement secured upon the car and is improperly executed first

[julian1968]

Thanks

 

The claim company are legaly based and I checked out the owner with ministry of justice and law society to make sure they were a reg'd solicitor

 

I am looking at the letter the claims company have sent to me and it seems far to long for me to cherry pick any useful info to give you hear.

 

I also think it may be of use to post a copy of the claims letter as someone may get some benefit from it (It can't hurt)

 

I'll post a copy of both the claim company letter and agreement for you to see tomorrow

 

Thanks for your help so far

[julian1968]

Attached is the audit I received from the claim company with regards the above post

 

Can someone take a look and advise me if I could go ahead and continue the claim against Yes car credit myself and where I should start

 

The images are in order and include the audit results and my original agreement

 

Thanks

 

http://i550.photobucket.com/albums/ii434/urbancolour/yes_page_1.jpg

http://i550.photobucket.com/albums/ii434/urbancolour/yes_page2.jpg

http://i550.photobucket.com/albums/ii434/urbancolour/yes_page3.jpg

http://i550.photobucket.com/albums/ii434/urbancolour/yes_page4.jpg

http://i550.photobucket.com/albums/ii434/urbancolour/yes_page5.jpg

http://i550.photobucket.com/albums/ii434/urbancolour/yes_page6.jpg

http://i550.photobucket.com/albums/ii434/urbancolour/yes_page7.jpg

http://i550.photobucket.com/albums/ii434/urbancolour/yes_page8.jpg

http://i550.photobucket.com/albums/ii434/urbancolour/yes_page9.jpg

[julian1968]

Can someone check the validity of the agreement and advise on possible next steps to recover monies

 

Thanks

[julian1968]

bump

[julian1968]

Hello

 

I have a vehicle on HP agreement and all up to date so far, but I am expecting problems in paying soon

 

I need to know really at what point can the vehicle not be repossessed and what happens if it can't be repossessed, Do I get to keep vehicle but of reduced payments.. No idea on this

 

Figures to help are

 

Initial balance £13,435

 

HP/ loan £12,962.88

 

closing balance as per statement received this week is £7,271.56

 

£6,213.82 to settle debt

 

Thanks

[postggj]

well they cant repo the vehicle with out a court order

 

have you considered doing a voluntry termination on the vehicle

 

as you have reached the half way point, you can return the vehicle and owe nothing

[julian1968]

No, I really need the vehicle for work and If I hand back, Im left in the position probably of having to raise deposit monies and paying higher reat of interest

 

Thanks Postggj

[postggj]

is it a reputable finance company

[julian1968]

Yeah Mallard Finance, never had any issues with them

[julian1968]

I am asking this on behalf of a friend

 

He bought a car via Yes Car Credit approx 5 years ago. The vehicle was handed back and the finance company (not sure who they are) sent request for monies owed.

 

I told him to write and request original copies of agreement as first step, to which they replied with sending copies of statements and stated they would send original copies of credit agreement soon, That was approx 3 months ago.

 

He has now received a letter from Apex debt management asking for monies.

 

I am sure that while this account is in dispute and a awaiting original CCA then it is up to original finance company to deal, and the matter should not be with Apex at all (Unless sold to them while they dont know of CCA request)

 

Im thinking my friend should write to Apex, copy of letter to finance company, and tell them he wont deal with them at all.

 

Is this right? any templates on here for this at all?

 

Thanks

[hungrybear]

14 working days after the CCA the account is legally in dispute. It is then illegal, CPUTR 2008, to pass the matter - as an agent or sale of 'debt' - on to a third party until the dispute is resolved.

 

Write to Apex tell them account in dispute with OC since xyz date. It is illegal under consumer protection from unfair trading regulations 2008 and the data protection act 1998 for the OC to involve a third party in this matter until the dispute is resloved. Hence I do not recognise any legal or lawful authority of Apex to act in this matter and will not respond to you again.

 

Kindly remind the OC that this matter is in dispute and of their legal obligations in respect of a section 78(6) CCA 1974 dispute.

 

or words to that effect!

 

I would not waste a stamp on the OC, just tell Apex.

[42man]

Send this recorded to Apex - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[julian1968]

Thanks to both of you