yes car credit..please help !

[nuggy]

hi there

I brought a car from yes car credit in 2004 after paying it for a 3 years i couldnt afford to keep it.
so after paying what i had to pay in order to be able to return the car i thought that was it.
I was then sent a letter saying i had to pay an extra £699.01 this im not sure what its for, then was told by them it was admin fees. so I ignored it because as far as i was concerned all i had to do in my agreement was to pay half the amount that was on my agreement paid up to date then i could return the car owing nothing.

I had since then moved and now im being harrassed by a second company called clarity for the money..harrassed by numerous phone calls and letters..they were extremely unhelpfull and rude.
As i didnt have any original documents i sent a CCA request.
I am none the wiser the statements show the opening balance was £8259.84 and last was -2256.64.

on the original document :

2.2 Termination : your rights
You have a right to end this agreement.If you do wish to do so,you should write to the person authorised to recieve your payments.We will then be entitled to the return of the goods and half the total amount payable under this agreement, that is £3672. 72 If you have already paid at least this amount plus any overdue instalments, you will not have to pay anymore,provided you have taken reasonable care of the goods.

I'm really angry as I feel they are just trying to bully me into paying for admin fees. I'm adament I won't pay this and the last time I spoke to clairty they were threatening to send some one round to see me.
I'm a single mum on my own with 3 kids and I really don't want anyone threatening me in front of my children.

Can some one please advise me on what I should do as ive already recieved another letter from clarity and my phone rang all day yesterday, which im sure it was them.

[nuggy]

Also I have no idea how they got my new address and phone number as I'm ex directory..and also leaving messages for my children to ring them

[sequenci]

Hello there, when you returned the vehicle did you exercise your rights under the voluntary termination clause of the HP agreement. This is often referred to as a section 99 request? (e.g. the 50% rule)

Sometimes the creditors try and fob you off by saying you've not done this. they would then sell the car and deduct the proceeds from the entire outstanding finance.

Do let me know and I'll try my best to help!

[postggj]

sequenci

any help if needed, just shout

[nuggy]

hi
I remember at the time I paid by payment book and was told that I would not be able to return the car unless I HAD paid half the amount and everything had to be paid up to date as they would not take the car.
So I asked them to check and they said I could return the car.

[sequenci]

Did you make a formal request in writing to cancel the agreement in accordance with the 50% voluntary termination clause in accordance with s99 of the consumer credit act 1974?

This is what the letter would have looked like:

(Your home address)

The Date

To:



Dear Sir/Madam

Voluntary Termination of Agreement

Account No:

Car Make/Model/Registration No

I am/we are writing to notify you that I am/we are exercising my/our right to terminate the above agreement under Section 99 of the Consumer Credit Act 1974.

I/we understand that I shall/we will be liable to you for the amount calculated under the formula in Section 100 of the Consumer Credit Act 1974.

Please send me/us details of how the vehicle can be returned to you.

Please confirm receipt of this request by telephone/fax to me/us on (insert your telephone number or fax number).

Yours faithfully

Your Name

[nuggy]

I can't remember but when I returned the car I did sign some thing..not sure what now it was so long ago.

So what do I do now ?..they keep ringing me..Shall I go to citizens advice ?

[sequenci]

You should only deal with these people in writing.

You should send them a letter stating that the car was terminated in accordance with s99 of the Consumer Credit Act 1974 and since 50% was paid you are liable to pay Nothing else. Ask them for a copy of their complaints procedure.

You can try the CAB but they really are a bit of a postcode lottery as not every branch as a debt specialist/money adviser.

[addzone]

Administration fees of £699? That is an absolute disgrace, do they have QC's doing their administration work for them? I don't think so. Unless these fees are documented in your agreement I would ask them for their written confirmation of how these fees are broken down. I would also ask them to point out in your agreement where it says these fees are payable if you VT.

Also, did you take payment protection from them? I only ask because they tried to push this on me. Thankfully, once I had looked at my contract and seen how much this was going to cost me, I left the showroom pronto. YES are a truly dreadful company. If you had payment protection with them, get a claim in, this could be worth thousands to you.

[BankFodder]

Would you like to post your story in a more appropriate forum. You'll get lots more help and support there.

[nuggy]

how do i do that ?

[nuggy]

phone calls at 9 on a sat morning !!..they are driving me crazy !!..
I don't know how to move this thread so if anyone can do that for me would really appreciate this..aaaahhhhh !!

[pt2537]

ok, firstly, as sequenci said, you appear to have VT the agreement, so, as far as it goes that is the end of the matter. I would ask t hem for a copy of the contract that shows you must pay these fees when VT ing a car, i can tell you now they will not be able to produce it at all.