Ruthbridge chasing old Direct Auto Finance Yes Car 'debt'

[dx100uk]

given back or they repo'd under voluntary surrender....

 

 

tell us what happened

[roadhog1]

Hi, on the statement of payment it just says sold under voluntary surrender. We were paying up until that point and drove it to them. No reposession as far as im aware. The debt is the shortfall after sale plus the ppi.

 

Thanks

 

Roadhog1

[obiter dictum]

If it is a voluntary termination and you have proof in writing they have no claim. Voluntary surrender then you wil owe the balance. Just out of interest did you meet 50% of the total repayments on the agreement with that voluntary surrender?

Edited February 26, 2017 by obiter dictum

[dx100uk]

hehe they conned you

should have been VT not VS

makes you liable for every thing..

 

 

now theres a surprise...

[roadhog1]

Hi,

 

 

So is there nothing I can do at all other than to make a payment arrangement? Or do I have any defence? (I know you still need to see the PDF).

 

 

Thanks

 

 

Roadhog1

[theoldrouge]

In addition to the cca request

 

did you send the SAR as advised by dx in post #10

[roadhog1]

From what I can see over 50% of the amount advanced but no if you include the financial charges and PPI

 

No I didn't send a SAR.

 

They have provided a list of all the payments though.

 

I could still SAR, they haven't issued or anything yet they've just answered my CCA request.

 

This really annoys me because in 2013 I requested these docs for PPI and they couldn't find them!!

 

How could SAR help with this now?

 

thanks

 

 

Roadhog1

[obiter dictum]

You do your defence on section 61 and 127(3) CCA 1974

 

As the agreement is pree CCA 2006 the agreement will be toast as a breach pf prescribed terms.

 

I would hit them in the mouth and claim back any PPI.

 

Can you post up the agreement. Remove personal details but leave in the figures

[dx100uk]

you seriously should have deal with this 5yrs ago RH..

 

 

.feels like each time you make a new thread on this debt [4 so far]

it appears once merged, you just don't bother to do anything to help yourself.

 

 

makes us feel like we are wasting our time

[roadhog1]

Hi DX,

 

 

I don't think I have made four new threads on this debt?

 

 

I tried to claim PPI as instructed and CCA them years ago to no avail then did not hear anything again as they said they had no documents.

 

 

Believe me you are not wasting your time,

thanks to your advice over the last few years

 

 

I have managed to defend or win 3 court actions which without all your help I would not have been able.

 

 

I always take advice from you all and act upon it and am very grateful for your services as evidenced in other threads on here.

 

thanks

 

Roadhog1

[obiter dictum]

Can you please post up the agreement

[roadhog1]

Yes i will as soon as i get home this evening. I dont have it with me im afraid.

 

Many thanks

 

Roadhog1

[dx100uk]

yea an I cant count 2...

[obiter dictum]

DX100uk

 

What is the situation now with accounts assigned to a DCA that has PPI baggage attached??

 

On assignment does full rights and duties come with the assignment?

 

What i am getting at as the DCA is now the creditor, will they be responsible for any PPI mis-selling recliam as it is part of the assigned debt, or will it have to go back to the original creditor?

[dx100uk]

no its always against the OC

but some buy the debts back to offset the PPI

then re sell

[theoldrouge]

From what I can see over 50% of the amount advanced but no if you include the financial charges and PPI

 

No I didn't send a SAR.

 

They have provided a list of all the payments though.

 

I could still SAR, they haven't issued or anything yet they've just answered my CCA request.

 

This really annoys me because in 2013 I requested these docs for PPI and they couldn't find them!!

 

How could SAR help with this now?

 

thanks

 

 

Roadhog1

 

A SAR could well prove invaluable

 

As well as quantifying and confirming angles

for complaint

It will provide detailed documentation

regarding return of the vehicle

and other matters which could prove useful

to your defence should a claim be issued

[roadhog1]

Hi,

 

Please find docs attached. Ive been able to scan them now.

 

thanks

 

Roadhog1

CCA return .pdf

Edited February 28, 2017 by dx100uk
PDF sorted ..please dont use pen!! its in the guide...dx

[theoldrouge]

Is that the lot

 

3pages of t&cs missing

[theoldrouge]

And get that SAR sent

 

The comms log will be very useful

[roadhog1]

hi,

 

Here is the pdf the right way up. This is all they sent, no more t and c's. I will SAR them. Do i send it to dlc or direct auto finance?

 

thanks

 

Roadhog

Edited February 28, 2017 by dx100uk
pdf removed alreaddy posted above - dx

[dx100uk]

original creditor

[obiter dictum]

Same agreement i had with Yes Car Finance.

I won this at court with the deposit being credited to the insurance and not the car.

You need to remember a county court does not set preceent and one judge is different to another. You have a very good chance of having this thrown out if it goes to court

 

But that is a decision you have to make or accept a repayment proposal

[theoldrouge]

I wouldn't be making a repayment proposal prior to seeing the SAR

 

Remember they have not yet complied with your s79 request

[obiter dictum]

Just remembered it was Marlin chasing me with Mortimer Clarke solicitors with my yes car agreement.

 

What ever happened to them?

[theoldrouge]

Cabot bought them OD