Advice needed concerning Go debt/YCC/DAF

[pete_2000_2002]

Response recieved from go on Saturday.

 

new_doc_1.jpg picture by petec2006 - Photobucket

 

new_doc_2.jpg picture by petec2006 - Photobucket

 

I didnt think the issue was whether i understood all the paperwork, insurances etc.

[postggj]

luv it

luv it

luv it

 

ive seen some crap in my time but this

 

so they think they are above the cca do they

 

ill give you a response letter in the next few days

 

pure hollywood

[pete_2000_2002]

That is great, thanks for all your help post.

[pete_2000_2002]

Received a letter today from go. It says the following:

 

"Complaint - Final Response

 

Thank you for your recent correspondence in relation to the complaint ...................

 

We are please that your issues appear to have been resolved and we wish to inform you in writing that we consider your complaint closed.

 

Your account has been passed to a member of our team who will contact you shortly to agree a way forward.

 

We would like to inform you of your rights to refer your complaint to The Financial Ombudsman Service within 6 months of the date of this letter should you remain dissatisfied.

 

We enclose The Financial Ombudsman's Service leaflet which explains what further steps you may wish to take.

 

It is our hope that we can agree a fair settlement which reflects your personal circumstances."

 

What should I do now? They seem to think the agreement is enforceable judging by that letter.

[postggj]

standard crap

bog off they know they have a lemon

[pete_2000_2002]

Post - could you have a look at this letter i would like to send to go please. I have looked at some other posts and think I have the documents missing mentioned in the letter.

 

Dear Sir/Madam

 

Re:− Account/Reference Number

 

Thank you for your letter dated 15th October 2009 for which the comments have been noted.

 

Could you please provide me with a copy of the Default Notice and the Notice of Assignment.

If you do not own the account could you tell me who does.

 

Could you also tell me why, where it is unlawful to use a deposit against any insurance (PPI, GAP) of any kind instead of the car,

you still feel the agreement is enforceable.

 

 

It was not down to me to know what the deposits were going to be used for, that fact remains

– the deposit should not have been used against the insurance(s).

 

I was also mis-sold PPI insurance, which I was told at the time I HAD to take out otherwise I could not have the car.

Again, this should not have happened due to its legality.

Yours sincerely"

[postggj]

will no hurt to send

 

i would include that my complaint has not been settled until my questions have been answered and as a result the account is still in dispute

 

SEND RECORDED

[pete_2000_2002]

A response from go following my letter sent recently regarding missing letters ppi etc. I have no scanner so will have to type.

 

"Dear

 

Thank you for your letter dated the 27 October 2009, the contents of which have been noted.

 

As requested please find enclosed a copy of the default notice that was sent to you by Direct Auto Financial Services Limite. Our notice of assignment was sent to you on 29 April 2005. At this time copies were not retained. I have however enclosed a copy of the template showing the content of the letter. This is accepted as evidence in any court proceedings so should be sufficient for your requirements.

 

In terms of the issues you have raised i relation to the insurances and the allocation of your deposit, I have already addressed these points in my letter dated the 18 September 2009, a copy of which is enclosed. The agreement is clear, as are the terms and conditions.

 

I do not consider that there are any further points to address, and have already confirmed to you that we consider this complaint resolved.

 

It would appear that your main issue is with the Payment Protection Insurance. In an effort to conclude the matter, I am prepared to reduce the debt by this amount, and accept the sum of ****GBP in full and final settlement of your liability. This offer is on the strict proviso that funds reach us within 14 days of the date of this letter.

 

PLease contact me .........................."

 

I still do not think my questions have been answered, especially as their first letter did not address the insurances which still is an unsatisfactory answer. And as usual they do not explain anything, this time its the PPI issue.

 

Any help as to what to do next please. Perhaps a letter in arabic or chinese - they might be able to understand these as they are struggling with english.

[postggj]

so they are now reducing the account by the amount of poi are they

 

loving it

 

now why is that do you think

 

they want you to acknowledge the arrangement as a full and final

 

ill do another letter for you

 

seems they are now getting worried

 

the agreement is crap

 

end of

 

go debt

 

sod off

[pete_2000_2002]

Sorry post what letter do you mean re 18 September 2009, I posted the one earlier (dated 15 September), they responded to that - they responded to that three days later (18 September) with the contents that explained what the insurances are used for.

[postggj]

is that the first link posted

[pete_2000_2002]

I think its the one on page three about half way up.

[postggj]

Ok

 

Come Back In An Hour And Ill Have A Letter For You

 

Lets End This Now

 

They Are On Last Legs

 

Marlin Would Have Given Up Long Ago

[pete_2000_2002]

I have looked at previous letters and the amounts they say I owe have changed almost every time.

 

Ok will be back on later - thanks post.

[postggj]

Pete

 

Give Me A Link To The Agreement And Default Notice Again Please

[pete_2000_2002]

The agreement links are as follows:-

image 1 picture by petec2006 - Photobucket

 

image 2 picture by petec2006 - Photobucket

 

I can scan the default notice tomorrow as go have sent this to me today (I asked for this as well as the notice of assignment - which go havent got a copy of). Let me know and I will scan the default notice as soon as I can at work tomorrow.

 

There are some figures on the default notice I can give you if you need them post.

[postggj]

Please Scan The Default Notice

I Am Quite Good At Spotting Faults

 

On The Notice Look At The Date Of The Notice

Then Look At The Date To Rectify The Default By

Does It Give 14 Days

Has A Numerical Date Been Inserted

 

Has The Default Notice Got The Creditors As Well As Your Name And Address

[postggj]

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

 

Quote:

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

Regulation 2(2)

Details of agreement

 

1

A description of the agreement sufficient to identify it.

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

relevant case law is this too...

 

DEFAULT NOTICE

 

The Need for a Default notice

Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the petition.

It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

__________________

[pete_2000_2002]

The date of the default notice is 06/10/2004, the date under the part Action required to remedy says Payment of the total arrears of £***** before 16/10/2004. So its only 10 days and not 14 as per section 3©.

 

The address at the the very top of the letter is for direct auto finance (Springfield House, West Sussex) and not go. My name and address is at the top of the notice as well.

[postggj]

As I Thought

 

Default Notice Is Crap

 

Hello Go Debt:D

 

Final Nail:D

 

Post It Up Tomorow And Ill Complete The Letter

[pete_2000_2002]

Excellent thank you post will do scan and post as soon as I can tomorrow.

[postggj]

Getting Ahead Of Myself 19/12/2006 Was When The 14 Day Regs Came In

 

Its Seven Before

 

But I Need To See The Default Notice

 

Ill Dig Out The Dn Before 2006

[postggj]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/179944-default-notice-period-7-a.html

 

THIS IS IT

 

HAVE A NOSE

[pete_2000_2002]

I will post the default notice up with figures tomorrow. It seems that there were 7 clear days from date of letter to remedy.

[postggj]

But Ive Yet To See A Compliant Dn From That Time