Vauxhall Finance (GMAC) Car finance in serious dispute - Debt Managers now sold to intrum

[Andyorch]

And now Vauxhall have sold your outstanding debt to Debt Managers Services Ltd....send them a section 79 request for a copy of the agreements

and DSAR to get all the data held on the transactions...auction price...balance and interest etc etc....

[Andyorch]

Well you wont be making any further payments to either Vauxhall or  Debt Managers Services Ltd.

 

Section 79 goes to Debt Managers Services Ltd.

DSAR to Vauxhall

 

Try to work out what you have paid in total so far.

 

Andy

[Andyorch]

Correct...click the word DSAR

[Andyorch]

Section 79 for HP Finance agreements.

 

 

[Andyorch]

Correct....and if they can supply...we check its validity and the alleged balances etc.

 

Dont forget in the meantime to try and work out exactly what you have paid from day 1.

[Andyorch]

Data protection has no connection to a section 79 request. which is legislated by the Credit Consumer Act 1974.....and nothing further to discuss...just inform them that are now in default of your request and return the fee with a covering letter.

[Andyorch]

Correct the date runs from when you sent the request...they are stalling for time.

[Andyorch]

Yes and as per the request finish your covering letter with ......" Again I will remind you If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee."

[Andyorch]

[Andyorch]

Ignore any correspondence until they can comply with your request

[Andyorch]

Let them threaten...until they can comply with your legal request pursuant to section 79 of The CCA1974...they would be  foolish to attempt litigation.

If they do eventually provide then you can enter into a payment plan if a legitimate debt exists and they have provided all the necessary paperwork that entitles them to persist...threaten legal action.

[Andyorch]

Because that what the Consumer credit act dictates ...12 days is ample time for the owner of the debt to provide disclosure and show they are legally entitled to enforce the agreement....without an agreement its not going anywhere near a court room.

[Andyorch]

Its all meaningless until they can provide and comply with your section 79 request.

[Andyorch]

Option 1 is not an option as they have not complied with your section 79 request.

Option 2 simply means more letters  to pick up off your doormat and open to file.

 

Dear Sirs thank you for your letter dated 11th May 2009 of which the contents are noted.However it appears that I am still waiting for a response to my section 79 request dated xxxxx.

 

This may be an oversight on your part now if you cant comply this may be an active choice on your behalf.If you ignore my request I will remind you that pursuant to sections 77-79 of the Credit Consumer Act 1974 you are compelled to comply within 12+2 days.Until such time you can comply please bear in mind....

 

Section 79 CCA1974

 

(3)If the owner under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;F2

 

Regards

[Andyorch]

Your letting them get to you.......automated threat o grams cant hurt you.....just a nuisance having to open the envelope...read the nonsensical missive and then file away.

 

Let them " consider "  legal action....they wont until they can comply with your section 79 request.

[Andyorch]

  Your playing the long game here...hold your nerve.

[Andyorch]

No its not being assigned.....simply handed to their external door knocker......still in default of your CCA request.....ignore any door knockers.

[Andyorch]

Possibly but dont be getting the best china and cakes out....no need to say anything or at least a simple hello /goodbye...door closes will suffice.