Advice needed concerning Go debt/YCC/DAF

[pete_2000_2002]

Do you mean the figures dont add up on the dn? Or could there be other factors in our favour?

[pete_2000_2002]

Here is the default notice post:-

 

default1.jpg picture by petec2006 - Photobucket

 

default2.jpg picture by petec2006 - Photobucket

 

Let me know if you need anything else.

[postggj]

leave this with me

 

ill have a letter for you later tonight

 

dont want to state on open forum for obviouse reasons

[dx100uk]

fyi pete

 

Compound interest calculator

 

dx

[pete_2000_2002]

go debt have just contacted me at work even though I have told them not to (see previous letters) they know its my work number cos they have contacted other departments within my workplace - TRYING TO CONTACT ME. What should I do now?

 

I told her that it was my work number and that i would only accept written contact only, she started going on about that takes too long, so i said there are still issues regarding this account and she said no there isnt and i said yes there is she started getting snappy so i shouted in the office - WRITTEN CONTACT ONLY and slammed the phone down.

 

Also, Post, have you a letter or template that could deal with this and the other matter regarding the default notice please. Or anything regarding the cca being unenforceable as they still seem to think that it is - from a PPI standpoint or the deposit being used for insurances etc.

[postggj]

give me an hour pete

 

going over your thread

[postggj]

pete

 

ime doing a letter for you now

ready in an hour

[postggj]

Your Street

Town

City

Postcode

 

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, and by letter, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

 

 

[NAME HERE]

.

[postggj]

PETE 2000

XXX

XXXX

XXXX

GO DEBT

XXXXX

XXXX

XXX

DATE

YOUR REF

COMPLAINTS DEPARTMENT

 

14 DAY LETTER BEFORE ACTION

 

　

DEAR SIR/MADAM

 

AS YOU ARE AWARE, I AM DISPUTING THE LEGALITY OF A CONSUMER CREDIT AGREEMENT TAKEN OUT ON A YES CAR CREDIT AGREEMENT.

 

DESPITE CONTINUED CORRESPONDENTS TO YOU COMPANY, YOU STILL SEEM TO BE UNDER THE IMPRESSION THE AGREEMENT CAN BE ENFORCED.

 

THIS MATTER AS YOU ARE AWARE IS TO DO WITH ANY DEPOSIT PAID ON THE AGREEMENT BEING CREDITED TO THE INSURANCE SALE. THIS IN ITS SELF IS A SEPARATE AGREEMENT.

 

A COMPANY CAN PUT WHATEVER IT LIKES INTO THE T&C OF AN AGREEMENT BUT THAT DOES NOT MAKE IT LEGAL UNDER THE CONSUMER CREDIT ACT 1974.

YOUR COMPANY HAS BEEN SENT A TELEPHONE HARASSMENT LETTER TO ONLY CORRESPOND IN WRITING. YOU NOW FEEL YOUR SELF TO BE ABOVE THE LAW BY USING INTIMIDATE TACTICS AND CALLING MY PLACE OF EMPLOYMENT.

THIS NOW STOPS WITH IMMEDIATE EFFECT AND REQUIRE YOU TO CONFIRM THAT ALL TELEPHONE CONTACT NUMBERS HAVE BEEN SUSPENDED AND ALL CORRESPONDENTS WILL BE IN WRITING.

 

THE MATTER OF THESE AGREEMENTS HAS ALL READY BEEN PLACED BEFORE THE COURTS AND JUDGED AS UNENFORCEABLE. A SOLICITORS PRACTISE CALLED STEPHENSON'S HAS BEEN DEALING WITH YOUR COMPANY ALONG WITH MARLIN FINANCIAL SERVICES OVER THE UNENFORCEABLE ASPECT OF THESE AGREEMENTS.

 

I NOW REQUIRE YOU TO EITHER CLOSE DOWN THIS ACCOUNT OR ISSUE A COUNTY COURT CLAIM, THIS WILL BE DEFENDED TO THE FULL EXTENT OF THE LAW.

 

I WILL NOW SPELL THIS OUT TO YOU SO THERE CAN BE NO MISUNDERSTANDING.

 

I HAVE NO INTENTION OF MAKING ANY PAYMENTS ON THE ACCOUNTS TO YOU OR ANY OTHER COMPANY.

 

AS YOUR COMPANY HAS NOW RESORTED TO TELEPHONE HARASSMENT AT WORK DESPITE REQUESTING ALL CORRESPONDENTS BE IN WRITING, I WILL NOW MOVE ONTO THE NEXT LEVEL OF ACTION.

I DEEM YOUR COMPANIES ACTIONS TO BE IN CONTRAVENTION OF THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS

 

AND IT IS MY INTENTION TO SEND A FULL REPORT WITH ALL CORRESPONDENTS TO THE OFFICE OF FAIR TRADING FOR COMPLIANCE IN THIS MATTER.

 

ONE OF THE GUIDE LINES STATE FROM THE OFT IS THAT IT IS AN OFFENCE TO MISLEAD A DEBTOR.

 

YOUR COMPANY KNOWS THE UN ENFORCEABILITY ASPECTS OF THESE AGREEMENTS AND STILL PERSIST DESPITE BEING TOLD THE CONTRARY. THAT IS ALSO AN OFFENCE UNDER THE FRAUD ACT

　

I REQUIRE A FULL AND FINAL RESPONSE WITH IN FOURTEEN DAYS OR COMPLAINTS WILL BE SUBMITTED TO THE RELEVANT AUTHORITIES FOR COMPLIANCE

 

 

yours

 

 

sorry if this letter is direct but its time to stop pussy footing around

 

we have been nice and civil but they throw it back at us

 

let me know about the letter

 

the default issue etc is more ammo

 

we will keep that in reserve

[pete_2000_2002]

That is great stuff, thank you very much for your hellp with this post. I will send these out within the next day or two (recorded delivery for the second one).

 

I will also make a donation at the end of the month as well for all the help you have given me as it has been welcome relief.

 

I will keep you updated with the cretins no doubt they will try and weasel out of it.

[postggj]

At The End Of The Day Pete, They Know They Have A Lemon

 

Thats Why This Grief

 

Keep Plugging On

 

It Will End Soon

[pete_2000_2002]

Thanks post, go debt are the maggot in my apple. They keep trying though using all sorts of rubbish and calling me at work really made my blood boil.

 

We shall keep going and end this soon.

[pete_2000_2002]

A card from go arrived today - it says:

 

Why are you not co-operating with us?

We are passing your details to a field agent who will organise a visit to you at home.

 

In order to assist you we have asked for a visit to be scheduled in either the evening (until 21:00) or at the weekends (either Saturday or Sunday).

 

Please call us on 0870 013 1420 quoting your reference to avoid our field agent having to call or email us on collections..........................

 

Go debt ltd

blah blah blah.

 

Do you think this is a response to my letter or is just another attempt at getting me to pay? They should have had my letter by now, I was expecting a thank you for your letter dated ......... this week but I get a card that had the above written on it.

[dx100uk]

i would very much suspect this is an automated card and has no bearing to any letters you have send.

 

std twaddle from them designed to get a response.

 

they can call around all they like, they have as much right to get money off you as the postman.

 

ignore it

 

dx

[pete_2000_2002]

Response from go regarding the letter "14 day letter before action".

 

"RE Direct Auto Financial Services Ltd

Current Balance £3555.01

 

Without Predujice

 

Thank you for your letter dated the 13th November 2009, the contents of which have been noted.

 

I can confirm that all future correspondence will be in writing. The only time we may deem it necessary to contact you by telephone would be in the event that we were not to receive a response to our written correspondence.

 

We do not consider that the matter is unenforceable, however would still like to reach an amicable settlement with you.

 

In the interest of settling the matter swiftly, we will accept a one off payment of 1,000.00GBP in full and final settlement of your liability. This is on the proviso that funds reach us on or before 30 November 2009.

 

Please contact me on receipt of this to discuss your preferred method of payment."

 

The amount has once again changed and they fail to address the issues in the letter.

[postggj]

says it all pete

 

now what was the original amount they were trying to stuff you for

 

how long now for the surender letter and white flag

 

quote from my letter

 

I WILL NOW SPELL THIS OUT TO YOU SO THERE CAN BE NO MISUNDERSTANDING.

 

I HAVE NO INTENTION OF MAKING ANY PAYMENTS ON THE ACCOUNTS TO YOU OR ANY OTHER COMPANY.

Edited November 24, 2009 by postggj

[weeble69]

have a nose

 

this is what happend to welcome finance

there are another micky mouse car finance outfit

 

it will give you an idea about getting all your cash back

 

by the way

 

ive not lost a yes car account yet

 

its pure bovine excrament the agreement

 

http://www.consumeractiongroup.co.uk/forum/repossessions/150726-car-repossession-welcome.html

 

Sorry to hijack this folks, but, postggj I have been having hassle with Welcome, and had the same thing, had to have PPI for the car loan etc.

 

I still have the origonal agreement, could you maybe have a look?

[pete_2000_2002]

So do we wait now Post for the surrender letter from them or just ignore them? They seem to think that because their offers and counter offers are ignored that gives them a reason to contact me to discuss payment etc.

[postggj]

that last letter was a put up or shut up letter

 

its take me to court or bog off

if they continue to demand money from you now a complaint has been done,

 

they are in violation of the addmin of justice act and protection from harrasment act

 

 

this is to be expected as its dying throws at some sort of salvage,

 

poor things, they want to get back at least what they paid for the debt

 

ill do a final letter and spell it out to them,

 

you will get the surender letter then

[pete_2000_2002]

Ha ha, excellent that is great news Post thank you very much.

[pete_2000_2002]

AHA, its taken me a while but after browsing some posts I have figured out what the problem is with the DN.

[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

 

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

 

[postggj]

Hi Pete

 

Spotted Some Thing I Have Not

 

All Quiet On The Western Front I Take It

[pete_2000_2002]

Hello Post.

 

Hmmm, I thought it would say the arrears of the account somewhere in there Post?(it may well say it in section 3) - Not the whole amount of the account as per my DN.

 

OR is a default notice a notice to tell you the agreement has been breached and that you need to pay off the arrears???

 

And still go have not sent me anything this week. Thought I would have had something from them.

[postggj]

Like I Said

 

That Last Lrtter Was Put Up Or Shut Up

 

If They Threaten To Hang Draw And Quarter Now, They Will Be Commiting A Criminal Offence Of Harasment

 

Thats Why In The Letter It Stated

 

Take Me To Court Or Sod Off