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Advice needed concerning Go debt/YCC/DAF


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  • 2 months later...

Letter received from Hollis Briggs (about a month ago but I have only just picked it up, it says:

 

"We have been instructed by Go Debt limited ("Go Debt") in relation to monies owed to Go debt for the sum of £3555.01.

 

Unless Go debt receives payment within 5 days from the date of this letter, or you contact go debt on telephone number 0870 013 1420 with your reasons for withholding payment, it is likely that we will be instructed to commence legal action against you. Should we be instructed we will take whatever legal action is necessary to protect our client's interest.

 

Any legal action will include a claim for additional legal costs and interest which may accrue, which will be added to the monies owed.

 

We hope our further involvement will not be necessary and urge you to telephone go debt on 0870........."

 

Funny how this response is sent TWO MONTHS after the letter I sent - 14 DAYS BEFORE ACTION. Do I now send a letter to these muppets or re send the 14 days before action letter to them? It is funny how the amounts keep changing - in November they wanted £1000, and now they want £3555.

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Letter received from hollis briggs today.

 

"we recently wrote to you about a debt you owe to go debt ltd.

 

Go debt have advised us that they have not received payment or your reasons for witholding payment. As a result of your lack of response we are instructed to issue legal action to recover the debt.

 

Our client has a number of options available. We anticipate being instructed to commence one of the following processes:-

 

* issue a statury demand for payment with a view to petitioning for your bankruptcy if the debt is not paid. Upon being declared bankrupt the official receiver will be appointed to deal with your financial affairs. Assets you hold, including property, may be at risk.

 

* issue a claim in the county court with a view to obtaining judgment. Once judgment has been obtained we may be instructed to enforce this in a number of ways including a charging order over you home, an attachment of earnings order or issue a warrant of execution where we instruct bailiffs to attend your property to receive payment or remove goods.

 

We have been asked to give you a final opportunity to contact go debt on 0870 013 1420 and discuss settlement. No action will be taken for a further 48 hours to ewnable you to settle this debt."

 

I shall re send the letter 14 days before action letter to these.

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as i see it pete you have already told them to put up or shut up issueing more threats via briggs is just pointless, a stat demand can be defended and will also make them liable for costs... attempting to gain a ccj on this agreement is an absolute waste of time for them.. its not enforceable and has been shown time and time again not to be... think they are full of hot air..keep updating though if anything happens

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Hello debt I was just about to give you a quick lowdown but you responded with your second post. So its not worth me doing anything at all even though they have said about the 48 hours nonsense. I have told go time and time again that the agreement is rubbish yet they seem to think it is without giving me any reasons as to whether it is or not. Now they pass it on to hollis who at first gave me five days to respond (the first letter sent 19 Jan 2010) and now 48 hours. I am not worried about this one cos i know they spout this rubbish and that rubbish - I can prove this in court as well.

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Just read your thread, one hell of a battle there... myself (and with the help of Debt4get) are just going into battle with these guys in thread Yes Car Credit & Go Debt Help Please pretty much same story as yours; although reading your thread gives me the heads up on there advances!! Hope all goes well mate...

Edited by Leon27uk
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yep wouldnt be concerned bout it..i firmly believe this agreement can be shown to be unenforceable in law..they did same to me but backed off... they know the agreement is rubbish...just trying for last throw of the dice..noice the offers are going down and down...hoping against hope you will pay..

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Will certainly keep everyone informed of developments. Good luck with yours mate, you just need patience with these. Its like talking to a brick wall a lot of the time - they just ignore everything you say to them. They even ignore the "dont phone me at work" a lot of the time. They are extremely aggressive and they try to get round the poor agreements but dont give up with them.

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  • 2 weeks later...
Hello i need help i am being chased by GO Debt for a car that i purchased through yes car credit in 2004. After making about a years worth of payments i returned the car as i could not afford the payments. I heard nothing until early May. Since then i have had letters threatening bancruptcy and worse telephone calls at work threatening the same. I did intially make an offer of £150.00 a month but this has been refused. Although they have said if i pay a lump sum they might consder a payment plan then. I have told them that i cannot make a lump sum payment the only response i got was take a loan out. Can some plaese hep with advice or what to do.

 

 

ARE YOU SORTED YET

LET ME KNOW

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A notice of assignment was sent to me today by our friends at go debt - aka the muppets.

 

It reads:-

 

We refer to the above matter, and are disappointed to note that we have still not reached a satisfactory conclusion.

 

Please be advised that unless payment of the full sum is received within 14 days of the date of this letter, we will have no alternative but to instruct our solicitors to issue legal proceedings for the full sum together with interest and costs.

 

Please contact us on 0870 013 1420 to make a debit or credit card payment. In the alternative please make your cheque, bankers draft or building society cheque payable to go debt limited, and send it to go debt limited, po box 371 cardiff cf10 3wn. Payment can also be made direct to our bank account blah blah blah.

 

Should we not hear from you, or receive payment within 14 days of the date of this letter, we will instruct our solicitors, hollis twigs, to issue proceedings against you.

 

We confirm that go debt ltd (the assignee) po box 371............. has by an assignment dated 13/03/05 made between DIRECT AUTO FINANCIAL SERVICES LTD and GO Debt Ltf taken on an Assignment absolutely of the debt in the sum of £3555.01 due and owing by you. Copies of some of your personal data held by DIRECT AUTO FINANCIAL SERVICES LTD have been transferred to go debt ltd.

 

We also have you consent to obtain additional personnal data, as provided for in the agreement. We will process your personal data fairly and lawfully in accordance with the principles of the Data Protection Act 1998 for the sole purpose of seeking to recover payment of the debt. Go debt is a registered data controller under the data protection act 1998.

 

Once we instruct our solicitors, all future correspondence and contact will need to be with hollis briggs.

 

We would suggest that you consider seeking independent advice upon receipt of this letter, and do so witihin 14 days to avoid hollis briggs blah blah blah blah blah.

 

Now, I did tell these muppets to either take this to court or cancel the account FIVE months ago.

 

So what I should now is sit back and wait for the court letter (if it comes), is that correct anyone please - Post, Debt4get???

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hi pete

 

that letter i did was put up or shut up

 

so they are still trying the harrasment bit again are they

 

ime going to do a letter to end this once and for all

 

remind me when the last payment was made to yes car

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this was my last put up or shut up letter for reference

 

PETE 2000

XXX

XXXX

XXXX

GO DEBT

XXXXX

XXXX

XXX

DATE

YOUR REF

COMPLAINTS DEPARTMENT

 

14 DAY letter before action

link3.gif

 

 

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 claimlink3.gif, 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 Tradinglink3.gif 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

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