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| Topic Started: May 29 2007, 02:44 PM (208 Views) | |
| slturner | May 29 2007, 02:44 PM Post #1 |
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Hi, After hearing nothing from DAF for 15 months and them not responding to my letters i wrongly assumed they have finally stopped harassing me - until today. I came back from my lunch break at work to find a message to call an enforcement officer back - rang her to find DAF are filing a bankruptcy order against me?? I asked on what grounds - she replied non payment of debt. I sent my vehicle back to Yes Car Credit in Feb 05, i needed to change my vehicle to an automatic due to an accident at work, they wouldnt let me. The clutch and gearbox needed replacing in dec 04, i had not even had the vehicle 1 year at this point. i sent letters in etc - none were responded to - in the end i had to pay for the works to be carried out (so much for mechanical breakdown). I was also told when i got the vehicle that i had to take out payment protection or leave without the vehicle. the enforcement officer says i owe £3500 but they will accept £1700 to clear the debt (not in a position to do this), i am currently in the process of buying my council house so getting a call saying a bankruptcy order was being lodged against me absolutely petrifies me. Also as far as i know bankruptcy actually forces me out of my profession of accounts, qualifications down the drain etc. the enforecment officer has said she'll accept £75 for 3 months - at this point they will advise of settlement figure and this must be paid up at that point. Any advice that anyone can give me would be greatly appreciated. Sharon |
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| asboath | May 29 2007, 03:01 PM Post #2 |
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Do you actually still have the car? as you say you sent it back. What actually happened to the car if you don't? Was the agreement canceled in anyway? If so do you have written evidence? What about the letters you where sending to them, do you have copies? or any evidence you where sending these letters? |
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| Bakedalasker | May 29 2007, 03:36 PM Post #3 |
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Also who is it that is threatening bankruptcy? |
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| slturner | May 29 2007, 06:27 PM Post #4 |
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Hi, i sent car back feb 06, i signed no form except the collection form to send it back. The clutch and gearbox went on the car in less than 12 months, in my opinion (might be wrong) the clutch is wear and tear so i may accept that but the gearbox isnt a wear and tear item surely. I have copies of all letters sent to DAF. The company that is threatening the bankruptcy is Experto Credite - this is who i've been told to make payments to but an enforcement officer will be calling me in september to arrange full payment. |
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| whistleblower | May 29 2007, 07:19 PM Post #5 |
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Look, you need to be contacting this outfit expertocredite and advise them then you dispute the debt. Get your file back to DAF , inform them the car was clearly not fit for purpose, and you request the outstanding debt to be written off as the car was returned and they have made no attempt to contact you over the past 15 months. No bankruptcy can take place if there is any dispute with the contract or goods. Have you made conatct with Stephenson Legal Services or CAB? |
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<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/>  <FONT COLOR=RED>Vanquis credit card is owned by provident Financial.Typical 39.9% APR variable Say No! </FONT> Are you having problems with Yes Car Credit or a debt collection agency? Make your complaint direct to the Office Of Fair Trading and BBC1 Watchdog below:. James.MacDougall@oft.gsi.gov.uk or telephone 08457 22 44 99 watchdog@bbc.co.uk or telephone - 020 8535 1000 ****************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts ****************************************** 
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| slturner | May 30 2007, 08:40 PM Post #6 |
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hi, i rang experto credite today, they say the matter is now out of their hands an i have to deal with the enforcement officers? I rang the enforcement officers again today and they say they cant do anyhting about a dispute - they've been instructed to do what they are doing. Doesnt a CCJ or something not have to be issued before bankruptcy etc? obviously dont want to go down any of these routes because of my qualification and in process of buying house. I dont what to just pay it but i feel i have no choice |
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| slturner | May 30 2007, 09:04 PM Post #7 |
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I've just pulled out my DAF agreement, it hasnt been signed!! I got a car from YCC in Feb 04 and sent in back in Apr 06, surely this means i've paid over half and therefore i had a right to end the agreement without further charge to myself? Is this correct? |
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| jenni | May 30 2007, 09:16 PM Post #8 |
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no you would have to pay for the insurances. were you up to date with your payments when the car went back? |
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<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> ****************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ******************************************
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| slturner | May 30 2007, 09:31 PM Post #9 |
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From what i recall yes. The enforecement officer is saying i owe £3700 but i dont know how they got this figure, i had the car for just over 2 years, the agreement was over 48 months. Im going to ring them back and ask for a breakdown of the figure i think. I am so confuse by all this, not sure where im going with it. All i know is that i am going through a mortgage and this could put the brakes on it totally. what do i do - starting to stress out about it now |
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| jenni | May 31 2007, 04:43 AM Post #10 |
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do you still have a copy of your agreement from YCC? on this it should tell you how much the insurances were in total. Then all you need to do is work out what you have paid and then what is left to pay. I would then make them an offer of payment you can reasonably afford. They may even offer you a deal but make sure anything they say to you is clarified in writing. Also get them to right to you giving you a complete breakdown of how this £3700 is made up |
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<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> ****************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ******************************************
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| slturner | May 31 2007, 07:17 AM Post #11 |
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Thank you, i shall get on with that today |
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| jenni | May 31 2007, 07:23 AM Post #12 |
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when you write to them I would say to them you will only correspond with them by letter - that way then you have copies of exactly what is going on and what has been said. also remember to send the letters RECORDED DELIVERY! |
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<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> ****************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ******************************************
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| jenni | May 31 2007, 07:28 AM Post #13 |
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have you found out for definite if this problem will force you out of your career? I found a piece which says it is a possibility but doesn't say it is definite. I remember when I worked for a company that sold storecards if you were made bankrupt you were not allowed to sell this product anymore - not that that would have been a bad thing!! |
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<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> ****************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ******************************************
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| slturner | May 31 2007, 09:00 AM Post #14 |
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Hi, I would be struck off from my profession, had it confirmed from the accounting body. I'm reluctant at this stage to proceed with the purchase of house dont want to buy it then they take it away from me just as quick. I have spoken to Credito experte today (thought over the phone may be quicker given the time scale)- not that they were much help, they said i had to deal with the enforcement officer, not them. So rang enforcement officer again, explained my dispute etc. They said, because dispute has been raised so late - at which point i interupted and stated it hadnt just been raised - it had been raised in Dec 2004 but DAF decided to ignore it along with all letters i have ever sent about it. They said they have no info regards this and its my word against theirs. they said the best way forward is to pay £75 for 3 months and then apply for a settlement figure. DAF registered a default againt me in Dec 06 but i never received anything along these lines. The enforcement officer is saying i only paid up to 40% of the contract when i dont recall missing payments (may or not be correct). i have up until the 8th June to get a payment of £75 to them otherwise they will serve the bankruptcy thing. I have spoke to stephensons today who are recalling my file (may take a few days) - i spoke to them briefly in april 06 but never took it any further (BIG MISTAKE). I also spoke to moor Advice around this time regarding missold insurances but havent heard from them since?? Not sure what's happening on that side. Do i pay the first £75 to give me another month to discuss with Stephensons or do i wait till they get the file (maybe wait till tuesday)? The enforcement officers also mentioned that i have been sent letters and statements since i sent the vehicle back (not correct unless postmand nicked them) i havent received anything since April 2006. |
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| slturner | May 31 2007, 09:32 AM Post #15 |
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The house i'm buying is a council house - buying it under the right to buy, however it wont be solely in my name so can they take it away from me if i dont own it all? |
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