GMAC VT

[HHEPPY]

Re: GMAC VT

Many thanks for the reply Rob.

As the GAP is rolled into the total amount of credit under the agreement it seems to me that it all forms the one amount, of which over 50% was paid prior to my application to VT, surely then they can't ask for a balance of the payment due because it was not shown (or expressed) as a separate figure or debit amount.

In terms of GMAC contacting me by phone (home and mobile) and email, I have replied to their email to request that they note on their file that it is my express wish that they do not contact me via those methods and that they do not have my permission to do so, I am happy to continue with written correspondence only.

In terms of their letter to me which I mentioned earlier, they have now set out the breakdown of the amount they claim is due, I am pretty sure I have replied previously to say that as I VT'd the agreement then nothing further is due, is it worth reiterating that point or not?

I expect their recent phone calls are simply to put pressure on me to pay up. I will happily make payment of the amount for damage but that is about it.

regards,

Andrew

[R0b]

Re: GMAC VT

I would say no they can't pursue you for it as its been grouped together, its incorporated into the HP agreement and is included in the total amount payable. You could probably even go as far as saying that section 100 only requires you to pay the 50% of the total price (which is defined as the total sum payable under the HP agreement) and as this was part of the total amount payable under the agreement then you've satisfied that criteria. Equally, you are also liable for any sums in respect of the 'total price' immediately before the termination (total price excludes compensation or damages for breach of the agreement) and so arguably the GAP could fall under the compensation, damages for breach of the agreement.

Either way, its not recoverable.

Up to you as to whether you want to re-iterate that point or you could maybe send a further letter explaining that both parties are at a stalemate and so there is nothing further to say about the matter and that you are firmly confident the GAP insurance and/or other damages they seek are not recoverable for reasons previously stated.

[HHEPPY]

Re: GMAC VT

Thanks again Rob, really appreciate your input.

I think I need to respond and say just that, I am minded to pay the damages for the interior as I was fully responsible for it, but that is all.

I will keep you posted.

kind regards,

Andrew

[HHEPPY]

Re: GMAC VT

Rob,

I have sent a response today, basically saying thank you for the breakdown of the amount due, however, this agreement was VT'd on (DATE) and according to my records you have yet to formally acknowledge this.
I went on to mention that as the agreement had been VT'd, under the terms of that right to cancel (given that I had taken reasonable care) there was nothing more to pay, in addition, the GAP insurance formed part of the credit agreement and therefore they could not claim an additional amount due as the 50% required had been paid.

I did say that I would be agreeable to paying the damages amount, subject to confirmation that the repair had taken place.

in addition I requested that they stop phoning me as I had already requested that in previous correspondence, asking them to refer my request to their DP Officer as set out in the agreement.

I will await their response and keep you updated.

regards,

Andrew

[HHEPPY]

Re: GMAC VT

Rob,

I have sent a response today, basically saying thank you for the breakdown of the amount due, however, this agreement was VT'd on (DATE) and according to my records you have yet to formally acknowledge this.
I went on to mention that as the agreement had been VT'd, under the terms of that right to cancel (given that I had taken reasonable care) there was nothing more to pay, in addition, the GAP insurance formed part of the credit agreement and therefore they could not claim an additional amount due as the 50% required had been paid.

I did say that I would be agreeable to paying the damages amount, subject to confirmation that the repair had taken place.

in addition I requested that they stop phoning me as I had already requested that in previous correspondence, asking them to refer my request to their DP Officer as set out in the agreement.

I will await their response and keep you updated.

regards,

Andrew

Hi Rob,

nothing from them until the end of last week.

it appears they have sold "the debt" on to Debt Managers Ltd

as it stands i feel I have 2 options

1 Ignore them completely.

2 respond and ask that they confirm the debt is owed, due to the VT all other sums under the agreement fall away and are not enforceable

I'd be grateful for your thoughts / comments.

Kind regards,

Andrew

[R0b]

So you've received a letter from GMAC saying the debt has been sold? I don't think you need to specifically respond to that but expect to receive letters from Debt Managers Ltd.

I would say it's reasonable to reply to Debt Managers in the first instance and re-iterate what you said to GMAC in earlier correspondence. If there's anything outstanding that you've not yet received in terms of information then you can mention it in the letter and request it.

Otherwise it will simply be a case of wait and see what they do. When a debt is sold, the debt purchaser usually receives little to no information about the debt other than the amount and basic information of the debtor. If they were to bring a claim without the information in their possession you could use that to your advantage.

Equally, you can make the same offer you made to GMAC i.e. the damage in full and final settlement whilst making clear it is not an admission of liability but merely to bring the dispute to a close.

[HHEPPY]

Hi Rob,

I've not received any correspondence from GMAC to say that they have sold the debt on, this is the first I have heard about it.

I will see if Debt Managers come back to me with any specific information, as it stands, their automated email merely references Vauxhall and nothing more, so I will see if they are prepared to write to me before I commence communication with them.

regards,

Andrew

[R0b]

Sorry I am confused, so how do you know the debt has been sold, did you receive correspondence from Debt Managers?

[HHEPPY]

Hi Rob,

Sorry, I should have made that clear, yes, debt managers have left me emails, texts and voicemail to contact them in reference to "Vauxhall"

I am therefore making the assumption that GMAC sold on the (non existent) "debt"

regards,

Andrew

[R0b]

So in the first instance it would be sensible to make contact and see what it is they want to discuss.

You will need to establish in what capacity they are acting i.e. have they purchased the debt or are they simply acting on GMAC's behalf. If you are calling them by phone, consider recording the call for your own evidential purposes and/or following up by email or letter to confirm what was discussed and your position.

If the debt has been purchased and you ignore them then you run the risk of Debt Managers looking to issue proceedings, possibly without your knowledge.

[HHEPPY]

Hi Rob,

many thanks.

I will make contact via email, that way there will be an audit trail.

Presumably these firms buy debt speculatively to seek to enforce payment in some way, it seems odd that Shooesmiths didn't take any action, they simply left it, which suggests to me at least that there was no merit in persuing action to collect payment in the first place.

regards,

Andrew

[HHEPPY]

Hi Rob,

I have finally had a response from them via email, however, they want me to confirm my details etc for data protection purposes.

I am not happy to provide them with any such information as they are the ones contacting me

they state that my account has been put on hold for a short period of time

my point is this, could they issue action if they have so far failed to confirm who I actually am, or that I am me?

sounds silly I know.

I have also made the suggestion that they post out the information to the address which they presumably hold.

regards,

Andrew

[R0b]

Have you been corresponding by email previously? If they are asking fro reasonable information that they hold within their possession then I can't see why you can't confirm that, but if they want you to provide a copy of your passport when they don't have that I think that is unreasonable, particularly as you can be verified using other information.

Yes they can issue legal proceedings but they have to follow the process by sending you a letter before action. Never seen GMAC issue proceedings but that is not to say they won't do it.

[HHEPPY]

I’ve not corresponded with them so far, other than replying to one email asking them to post out whatever information they are referring to to the address they must hold.

they continue with daily phone calls which I ignore as I’m generally busy when they ring.

i did receive a letter from gmac in December 2017 saying they would pass “the debt” on if I didn’t pay (I have only just found this)

im happy to correspond via email so by the sound of it I should provide the info they’re asking for so I can then find out just exactly what they’re going to on about, I can then reaffirm the position with regards the alleged debt

regards,
andrew

[HHEPPY]

Hi Rob,

they have finally sent the details in the post following my request via email.

They state that they have purchased my outstanding Vauxhall account and that if I do not respond then I am making a choice.

If I ignore them my account will be referred to solicitors and legal recovery action taken, or their external agents will contact me at home.

I am happy to contact them to confirm that the contract with Vauxhall was voluntarily terminated under the terms of the contract and as such no further sums were due under the contract

would it be worth referring them to the relevant part of the CCA as per the original letter I sent to Vauxhall?

regards,

Andrew