Need Advice Please

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Need Advice Please
Topic Started: Feb 24 2007, 05:36 PM (225 Views)
Dave m	Feb 24 2007, 05:36 PM Post #1
Unregistered	Dear Team, I hope you can give me some advice as to my situation with Yes car credit: I bought a car from them on the credit agreement. I paid the Ł1000 deposit, and 6 months of payments of Ł250 I couldn't keep up with the payments. They repossessed the car, without any court order or letter. Just turned up at my door one day. The man who came to get the car, said that I would be better off just giving them the car back as I wouldn't have to pay anything in the future. The loan was secured on the car - they took the car back, and so I no longer have to pay the loan - right? Now, I am receiving letters from the solicitors Yes car credit is using, stating I have to pay the outstanding amount. I don't own the car - they sent me a letter stating they sold it at auction. Do I have to pay? They repossessed without a court order - so they owe me money? Thank you very much. Please could you reply to me as quickly as you can. Thank you.
Unregistered


Bakedalasker	Feb 24 2007, 06:57 PM Post #2
www.saynotoyes.co.uk Posts: 2,351 Group: Members Member #30 Joined: May 29, 2005	Dave M, I'm afraid the man who took your car away is well of the mark in his statements. First of all as you had only paid 6 months instalments then defaulted YCC did not need a court order to repossess your car. If you had paid a third of the agreement then yes they would have needed a court order but I'm afiad you fall short of that. The statement about the loan being secured against the car is a scam. YCC did advertise this and its what attracted people to them. But I'm afraid it was a lie. Unfortunately you are tied into the contract and this fact is not mentioned there. So once again I'm afraid to say you are liable. But not all is lost. All over this forum we mention about legal arguments against the YCC contract. These arguments have caused YCC to back down. Before I go any further though could you answer the folowing questions for us: - 1. When did you purchase the car? 2. Did you take out the insurances?



dmarkey7	Feb 24 2007, 09:32 PM Post #3
Posts: 7 Group: Members Member #1,067 Joined: February 24, 2007	I am the original poster - registered under this username now. I got the car in 2000 and they repossed it in 2001. Sometimes they don't send the letter for over a year, sometimes twice a year - like they are just sending them to everyone to try and get money from us. I'm not sure I had the insurance plan thing - what was this? What do i do? Should I speak to them or try to contact them - or ignore it?



Buzz	Feb 24 2007, 09:44 PM Post #4
www.saynotoyes.co.uk Posts: 1,399 Group: Members Member #2 Joined: May 17, 2005	Hi Dmarkey, Welcome to saynotoyes. The insurance that was referred to is PPI (payment protection insurance) Most customers were wrongly told that they must take out these insurances or they couldnt have the finance. Can you remember when in 2001 the car was repossessed? There is a six year cut off point when the debt becomes statute barred. and ultimately cancelled I am not sure whether this goes from the agreement date or the date of the last payment. If it is from the agreement date you are well in the clear. (2000) I will find out for you. It may be that the debt is now statute barred. Will get back to you on that. Buzz
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Buzz	Feb 24 2007, 10:06 PM Post #5
www.saynotoyes.co.uk Posts: 1,399 Group: Members Member #2 Joined: May 17, 2005	Hi Dmarkey. Have found a link STATUTE BARRED DEBTS I think it really rests on when and if you have acknowledged the debt in any way in the last six years, ie by corresponding with them or paying an installment. Anyway, have a look and see if it might apply. Buzz
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dmarkey7	Feb 24 2007, 10:12 PM Post #6
Posts: 7 Group: Members Member #1,067 Joined: February 24, 2007	Since they took the car in 2001 I have not spoken to them, ignored any letters, not paid anything. As far as i was aware i thought there was no debt (as i thought it was secured on the car etc.) I will try to find some papers and actual dates in the morning and post back tomorrow. Thanks for your help - nice to know there are some kind and helpful people out there



Buzz	Feb 24 2007, 11:39 PM Post #7
www.saynotoyes.co.uk Posts: 1,399 Group: Members Member #2 Joined: May 17, 2005	No problem. If you can find out when the very last contact with them was you might find it was over 6 years ago. Like I say that even includes your last payment as that is acknowledgement. If they repo'd the car in 2001 if it was early in the year there is a good chance your last payment was in 2000. In that case you should be in the clear. Please let us know. Cheers Buzz
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dmarkey7	Feb 25 2007, 11:25 AM Post #8
Posts: 7 Group: Members Member #1,067 Joined: February 24, 2007	I cannot find any paperwork - should I request a copy of the agreement? I think I purchased the car between June-August 2000. Last payment is between January-March 2001. If i request a copy of the agreement, will that go towards that I am making contact within 6 years?



Buzz	Feb 25 2007, 12:00 PM Post #9
www.saynotoyes.co.uk Posts: 1,399 Group: Members Member #2 Joined: May 17, 2005	If your last contact with them was your last payment in March 2001, then you are within weeks of being clear. Do you have proof by way of a bank statement or receipt ? I know it is nearly 6 years ago and you maybe haven't kept statements for this long, but see if you might by chance have it. Dont rush into contacting them just yet if you can help it. It could blow your chances and restart the 6 year deadline again. Buzz
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Deano	Feb 25 2007, 12:05 PM Post #10
Posts: 20 Group: Members Member #764 Joined: November 25, 2006	Hi Dmarkey7, The date important here is the date that YCC sold your car on at auction. This is when the final 'amount owing' would have been calculated by them, and therefore is the date in which the six year period would start. You need to drag this out because it seems that you are very very near to having this barred as BUZZ rightly says. Communication by you during this six year period with YCC will not have moved the start date of the six year period. The only thing that would move the date forward was if you have made any kind of payment since then. This would have changed the total owing, therefore generating a new debt remaining, and a new six year period. Even acknowledging or accepting the debt in this period wouldn't change anything, provided you don't actually pay any instalments. If i was in your shoes, i would do nothing until i was sure that six full years have passed since they sold the car. If you have this date then great, if you don't, but know it to be say within feb-march 2001, then wait until the end of march or a bit longer, and then the debt will be barred. You can request a copy of your agreement or details of the car sale without jeopordising this period, provided it is only the information you request. Good luck and well done for going through six years with this apparent debt to YCC, when others on this forum get knocks on the door after missing one payment! Deano.



Buzz	Feb 25 2007, 12:08 PM Post #11
www.saynotoyes.co.uk Posts: 1,399 Group: Members Member #2 Joined: May 17, 2005	If you do decide to write to them, then this letter shouldn't prejudice your case. This is only a rough template and should be reworded accordingly ( Thanks to StephenCL at www.penaltycharges.co.uk) -------------------------------------------------------------------------------------------- WITHOUT PREJUDICE Dear Sirs ACCOUNT REF xxxxxx You have contacted me regarding the account with the above reference number, which you claim is owed by myself I would point out that under the Limitation Act 1980 Section 5 an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. However, your staff seem to think that statue law does not apply to this case, I would suggest you take legal advice on this. I have no knowledge of this debt and if I did at some point owe the said amount. The last correspondence / payment / acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed However if you do then I will be applying for cost against you! I await your written/faxed confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I look forward to your reply. Yours faithfully xxxxx --------------------------------------------------------------------------------------------- I would only do this as a last resort though. Try to find any proof you can before doing this. Buzz
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dmarkey7	Feb 25 2007, 12:15 PM Post #12
Posts: 7 Group: Members Member #1,067 Joined: February 24, 2007	I think I should just leave it then - until i am 100% sure that 6 years have passed.



stephenCL	Feb 25 2007, 02:12 PM Post #13
Posts: 2 Group: Members Member #1,070 Joined: February 25, 2007	Hi, It is important also to not get involved in any dialogue whatsoever concerning this account until March 2007 is well out of the way. Simply hang up the phone should they attempt to contact you that way as well. You can expect in the meantime, for them to continue to write to you possibly using more and more robust language, again you should not respond. Should they keep doing so then I would advise that you post back here and seek further advice if in any doubts.



dmarkey7	Jun 5 2007, 08:29 AM Post #14
Posts: 7 Group: Members Member #1,067 Joined: February 24, 2007	everyone Got a letter today from a different company, think solicitors, representing the car finance company stating that I have not responded to their client and there is money outstanding. They say that if I don't reply then court proceedings or insolvency proceedings may start. It seems quite threatening, but I don't know what to do. As far I was aware, when they took the car back and sold it at auction, that was the end of it. The man who took the car back even said it would be the end of it. It has been about 6 years, so the 6 year debt law that makes debts invalid must come into account now. Therefore I do not owe any money as I didn't acknowledge there was a debt. right? Please could you advise me as to what to do. Should I just ignore their letters, as honestly I don't think there is a debt. thanks



jenni	Jun 5 2007, 08:38 AM Post #15
www.saynotoyes.co.uk Posts: 1,476 Group: Saynotoyes moderating team Member #333 Joined: March 6, 2006	ok have found this piece about statute barred debts on this website http://www.debtquestions.co.uk/legal_yourrights.php#barred the piece says (and I quote).... Quote: Statute Barred A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account. Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970. so I would make sure you have definitely reached the 6 year mark before you point out to them that they are not legally allowed to recover the debt. I would assume - like most companies are now a days - they are just trying it on hoping they can bully you into admitting the debt and thus being able to start the 6 years again also have a read of this and maybe contact them for advice... http://www.payplan.com/debt-library/joint-...on-act-1980.php
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