[Claire.1980]

Hi guy's,

It's been a just over a year since we sought advice for my partner. I can seem to find the thread so please see below .....

Hi,>>>> My Partner bought a car from YCC in Chelmsford back in 2005 before we got> together. He was paying it fine in the beginning but got into> difficulties, he tried to pay it but in the end it all go too much. They> came and took the car away and he thought that was the end of if.>>>> He then received a letter to say that they had sold the car for next to> nothing (I think it was for a thousand pounds) and he owed around 9k on it> ! How can they do that ?>>>> He arrange to pay the debt off weekly as he was working.>>>> We then decided to move in together as he was having problems where he was> living. He moved in July 2006 and he was still paying the debt but in> March 2007 I became ill with a breakdown, anxiety, depression, panic> attacks etc. We were having problems with neighbours and other things were> going on so he forgot to carry on paying it. With the neighbour making our> life hell we decided to see if we could buy our own place. We managed to> buy and moved in November 2007.>>>> Just over 2 weeks ago he got a letter From Mackenzie hall saying if my> partner lived here or if you know his where abouts please phone this> number and quote this reference number. Turns out it's a debt collector's> for YCC. The Bloke on the phone was an absolute pig Asking my partner the> in and outs of a cats backside, then wants to know about my financial> situation and to bring me into it as we have a mortgage and live together> !!!!!!>>>> He we through the terrible conversation with this bloke, he then asks my> partner what he can afford to pay so I said all you can pay at the moment> is £20 p/month. He was told that isn't good enough and further action will> be taken.>>>> They then phone the next day to say the £20 is ok to pay as long as he can> make a token' payment of £50 before the 30 July. We couldn't pay it as I> didn't get paid till the 31 July he was told that was to late. To late for> what I hear you say, 21 days to pay the debt in full !!!!!!!! But they> never told him that, we only found out when went to the citizens advice> !!!!!!>>>> He paid the £50, they charged him a pound to pay card and then back track> and said that they want the money in full and as a good will gesture the> have knocked it down to £6024.78.>>>> We thought we could get some of the money together but it just hasn't> happened. So unless we can pay it in full they are going to take him to> court. We are unable to pay it as we've only just bought our house and> money we have saved up is for my partner as he is changing career. We have> both got so fed up with them being totally unreasonable that he has told> them to take him to court. They keep threatening him with bankrupcy,> attachment of earning, they'll take the house, my car and make the debt> mine aswell etc>>>> The last conversation he had with them was on Friday as we want to see the> breakdown on how much he owes and the invoice for how much they sold the> car for, They won't give it to us, if we want it we have to get 2 court> orders. So my partner has told them to take him to court !!!!!!!!!!!!>>>> And we haven't heard from them since.>>>> I know he shouldn't have got the car if he couldn't afford it, but with> the problems we've had it wasn't exactly our main priority. I'm still> recovering from my illness and it petrifies me at what could happen. My> partner wants to pay the debt off, why are the being so unreasonable ?>>>> What do you make of this and has any body else had similar problems.


My partner had asked Mackenzie Hall for the agreement like Baked had advised us to. That was back in August of last year. He got a reply saying that they will contact their client and that was also in August last year. Since then he hasn't hear a thing out of them.

Till a letter dropped through the letter box yesterday (22 september). This letter is from DLC and the letter just says 'Annual Statement of Account'.

I also noticed that the name of the creditor is Hillsden Securities Ltd formerly Direct Auto Financial Services Ltd.

Could someone offer advice as to what is going on.

Cheers Claire

[Bakedalasker]

Is that all they have sent you, a "Statement of Account". No threat of legal action?

[Claire.1980]

Yes that was all that was received.
Have scannes letter and attached to post.

Any ideas?

Attached File(s)

•  Letter 1 Recieved 20-09-09 from Dlc collections (Edited).jpg (768.53K)
  Number of downloads: 11

[neil40]

Claire.1980, on 24 September 2009 - 10:29 AM, said:

Yes that was all that was received.
Have scannes letter and attached to post.

Any ideas?

Hi Claire.

Firstly write to DLC, this company are just full of muppets, and will back off when you point out a few things to them.
Write tell DLC that you have requested for a copy of your Partners agreement within the rules of the CCA 1974, and you sent the relevant fee for such.
You have had no reply since last year, and MacKenzie Hall entered Default on your request 14 days after your request was made.
Tell DLC that not only have they not obliged your Legal Request, but also they have passed on this Alledged Debt while knowing fully well it is now in a serious Dispute.
Demand DLC pass the account back to MacKenzie Hall immediately for resolution of the CCA request, and failure to comply will conclude with a complaint being lodged with both OFT, and the Information Commissioner.
Do not sign any letters you send just print your name, and send recorded delivery.
Send a letter at the same time to MacKenzie Hall, and state they have defaulted your CCA request, and passed your details on regardless, and tell them an immediate complaint will be lodged with OFT, and Information Commissioner.

The letter to MacKenzie Hall mark with an Underlined Heading that you are Placing The Account into Dispute Due to Lack of Compliance to A CCA request 1974.
Tell Mackenzie Hall if they cannot supply what you have requested which is a legal binding signed agreement, you expect a letter back within 14 days of that date to inform you the account will be closed. Also state you will now only communicate in writing only. Again dont sign the letter.


The above should get Mackenzie Hall back in charge of the account, but also, they should already have a copy of all the paperwork for this debt, if they haven't, it may be possible there is no paperwork around anymore, this is why you do not sign anything :)

[Claire.1980]

Hi neil40,

Thanks for getting back to us, we will give this a whirl and see what happens.

Do you have templates that we can use ?

When my partner was in contact with MacKenzie Hall he kept asking for any paper work and they said he could not have it and if he did want he would have to go to the court to request it. I am now think that they dont have anything and are just trying it on.

Also just out of interest why have DLC got involved when Mackenzie Hall had this before?

Thanks again for you help

Claire

[neil40]

Claire.1980, on 28 September 2009 - 08:20 AM, said:

Hi neil40,

Thanks for getting back to us, we will give this a whirl and see what happens.

Do you have templates that we can use ?

When my partner was in contact with MacKenzie Hall he kept asking for any paper work and they said he could not have it and if he did want he would have to go to the court to request it. I am now think that they dont have anything and are just trying it on.

Also just out of interest why have DLC got involved when Mackenzie Hall had this before?

Thanks again for you help

Claire

Sorry i dont have a template as such, just write a letter and include those points in.
Secondly yes they probably dont have any paperwork for you, although they should.
Telling you to go to court for it, is a scare tactic, however, you can, if your legal requests have failed, apply to the county court for a Disclosure Order, they just assume no one will do it.

[Claire.1980]

 Letter to dlc 27-10-09 (Edited).doc (27.5K)
Number of downloads: 1  Letter to Macensie Hall 27-10-09 (Edited).doc (27K)
Number of downloads: 1

neil40, on 01 October 2009 - 01:33 PM, said:

Sorry i dont have a template as such, just write a letter and include those points in.
Secondly yes they probably dont have any paperwork for you, although they should.
Telling you to go to court for it, is a scare tactic, however, you can, if your legal requests have failed, apply to the county court for a Disclosure Order, they just assume no one will do it.

Hi Neil40.

Have sent the letters suggested by you and the team on 26th sept 09 (Have attached & edited all copies of letters) and this is there replies (Also edited).

Mackensie Hall have stated that the debt is no longer in there hands and was passed back to their client.

DLC/Hillesden Securities have sent a coverin letter, statement of account and the credit agreement (All attached & edited).

Have a look and advise on our next step.

Many thanks again.

Claire

Attached File(s)

•  Letter recieved form Mackenzie Hall 05-11-09 (Edited).jpg (454.51K)
  Number of downloads: 5
•  Letter 1 Recieved From Hillesden Securities-DLC Recieved 11-11-09 (Edited).jpg (483.52K)
  Number of downloads: 8
•  Letter 2 Recieved From Hillesden Securities-DLC Recieved 11-11-09 (Edited).jpg (914.73K)
  Number of downloads: 7
•  Letter 3 Recieved From Hillesden Securities-DLC Recieved 11-11-09 (Edited).jpg (1001.45K)
  Number of downloads: 7
•  Letter 4 Recieved From Hillesden Securities-DLC Recieved 11-11-09.JPG (587.65K)
  Number of downloads: 4

[Claire.1980]

Hi Bakedalasker & Neil40
Have had replies back form both dlc and macenzie hall.
Have posted on board bout two weeks ago but have had no reply.
Would you be so kind as to have a look and advise on the next steps.
I apreciate that you've been busy.
Many thanks for the advice so far.
kind regards.
Claire1980.

[Bakedalasker]

Hello Claire,

I've had a look at your agreement. There are a number of legal arguments against YCC contracts and I believe those arguments can be used against your agreement. Basically the agreement is not worth the paper it is written on.

What I would like you to do is this. Write back to DLC and inform them you have spoken to us and you believe the agreement you have with them is unenforceable. You are aware of a number of legal arguments against the agreement and they could be used against the contract in your own defence.

Then ask them you would like written proof that they will forgive the debt else you will seek legal advice of which you are comfortable you will win. Also add if they continue to threaten you with legal action without actually carrying it out then you will report them to the appropriate authorites for harrassment.

[Claire.1980]

Bakedalasker, on 25 November 2009 - 11:28 PM, said:

Hello Claire,

I've had a look at your agreement. There are a number of legal arguments against YCC contracts and I believe those arguments can be used against your agreement. Basically the agreement is not worth the paper it is written on.

What I would like you to do is this. Write back to DLC and inform them you have spoken to us and you believe the agreement you have with them is unenforceable. You are aware of a number of legal arguments against the agreement and they could be used against the contract in your own defence.

Then ask them you would like written proof that they will forgive the debt else you will seek legal advice of which you are comfortable you will win. Also add if they continue to threaten you with legal action without actually carrying it out then you will report them to the appropriate authorites for harrassment.

Hi Bakedalasker,

Thanks for getting back to me.

I will give this a go for my partner, but how can this not be enforceable when they have sent his agreement, i would have thought that this is bang to rites ?

Thanks again Claire

[Claire.1980]

 Letter 2 From DLC Recieved 04-12-09 edited.jpg (622.69K)
Number of downloads: 6  Letter to DLC sent 30-11-09 edited.doc (26K)
Number of downloads: 3  Letter 1 From DLC recieved 04-12-09 edited.jpg (476.56K)
Number of downloads: 6

Claire.1980, on 26 November 2009 - 09:02 PM, said:

Hi Bakedalasker,

Thanks for getting back to me.

I will give this a go for my partner, but how can this not be enforceable when they have sent his agreement, i would have thought that this is bang to rites ?

Thanks again Claire

Hi Bakedalasker,

Sent DLC a letter on 30th november 2009 as per advice (Attached), now today 04th December 2009 we have recieved 2 more letters in responce to my letter (Also Attached).

Would you be so kind as to have a look and let me know what you think and advise on next steps.

Once again many thanks.

Claire.  Letter 1 From DLC recieved 04-12-09 edited.jpg (476.56K)
Number of downloads: 6  Letter to DLC sent 30-11-09 edited.doc (26K)
Number of downloads: 3  Letter 2 From DLC Recieved 04-12-09 edited.jpg (622.69K)
Number of downloads: 6

[Bakedalasker]

Looks to me that DLC are getting desperate here. They know all about YCC contracts and have written a few off just like yours. Hence why they are offering you a £6000 discount.

Personally I would write back to them and say you know they are well aware of the problems with YCc contracts and you are also aware they they have written off other contracts. Please feel free to mention this web site.

Then tell them you have no intentions of paying this unenforceable debt but if they wish to continue to harrass you them you will report them to the appropriate authorites. If they then carry out any legal action you will then take the advise from this website and contact our legal partners Stephensons who you believe they are quite aware off.

DLC most likely read this site so will be expecting a reply from you. They will most likely withdraw their offer then threaten you with legal action. If they do this then get back to us.

[Claire.1980]

Bakedalasker, on 05 December 2009 - 12:31 AM, said:

Looks to me that DLC are getting desperate here. They know all about YCC contracts and have written a few off just like yours. Hence why they are offering you a £6000 discount.

Personally I would write back to them and say you know they are well aware of the problems with YCc contracts and you are also aware they they have written off other contracts. Please feel free to mention this web site.

Then tell them you have no intentions of paying this unenforceable debt but if they wish to continue to harrass you them you will report them to the appropriate authorites. If they then carry out any legal action you will then take the advise from this website and contact our legal partners Stephensons who you believe they are quite aware off.

DLC most likely read this site so will be expecting a reply from you. They will most likely withdraw their offer then threaten you with legal action. If they do this then get back to us.

Hi Baked,

This sounds like a plan. We will give this a whirl and see what they come back with.

Thanks for the help once again.

Claire