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Direct Auto Finance - Hounding Me! And Knocked On My Door On A Sunday!
Can someone please confirm if this allowed and legal.
I brought a car from Yes car credit in 2003 over 48 months repayments. I have had some finacial problems, and missed a few payments. The 48 months are up in September. Direct Auto Finance constantly hound me with phone calls anytime of the day or night, this can be up to 10 -12 times a day. I try to reason with them and stated that I am in finance difficulty, but they just dont want to hear this and rudely ignoring what I am telling them. They just threaten me with that the vehicle is now flagged! and that I should not drive it. I have already paid over 10K for a corsa, which the cash price listed on their agreement is £6238.00, that rest is there PPI etc. which totals £8843.52. The agreement states I should pay £184.24 and £88.44 which is the PPI? Totaling £272.68. Which means the car will cost me £13,289.64, this is mad, considering the car price on the agreement is £6238.00, I am paying £7,015.64 on top! If this was explained correctly by the saleman at YES CAR CREDIT I would NOT have taken this out. I have also looked over my paperwork and it has only been signatured by me and NO representative from Direct Auto Financial Services Ltd??????? TODAY DIRECT AUTO FINANCE KNOCKED ON MY DOOR _ today is a sunday and a bank holiday - I would call this harrassment! I own more of the car than them - I have numerous letters stating my late payments - which I am aware that I am late, I do not need them to send me a letter stating this and then charge me £15. per letter. Is there anything I can do?
Re: Direct Auto Finance - Hounding Me! And Knocked On My Door On A Sunday!
Hello jrussell,
Welcome to the PPI forum there are people here who will help but PPI reclaim is new territory. I would suggest the following:
1. Write to yes car credit and cancell the PPI insisting on a full refund of the premium and interest on the premium. You can buy PPI more cheaply if required online.
2. Either send them a request for your CCA (unless you have one) fee is £1.00 postal order this will enable you to check out the small print of the agreement. They should also send the terms and conditions and a statement of the account.
(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
(2)A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
(3)Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—
(a)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(b)of the enforcement of any liability by legal process.
(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400. Annotations:
Modifications etc. (not altering text)
C1S. 40(4) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
Re: Direct Auto Finance - Hounding Me! And Knocked On My Door On A Sunday!
Hello Jr,
This is totally scandelous,
AA has given you very good advise, please do write to them stating they are harassing you and that any further communication is done in writing. If they trepass on your property, you will can the police
Again please do send them a legal request under section 77/78 of the cca for a true copy of your credit agreement. Never mind if you have it, do they and you need to check whether yes car have conformed to consumer legislation. You will find the template letter in the general debt forum under the general debt issues sticky, you need letter N and yes send them a £1 postal order, sign you signature in a way that you know if you see it again. Maybe put a line through it. Send it recorded delivery and keep the receipt. You can check on the royal mail website to see when they received it and start the clock ticking. They have 12 working days + 2 postage for compliance. If they do not produce it within this timescale they commit a breach of the cca. You can then put the account into legal dispute and totally argure the toss with them If after a further 30days they do not comply, they have committed a criminal offence and need to be reported to the office of fair trading.
There is so much you can do the fight them if they have not followed the law.
Do you know the figures for the PPI, the cost of the premium and the interest they added to it?????
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Re: Direct Auto Finance - Hounding Me! And Knocked On My Door On A Sunday!
If you have paid over 1/3rd of the price of the vehicle they CANNOTtake it away without a court order. They will tell you it is 'flagged' which means if you try to sell it and the new buyer checks to see if there is a finance deal on it it will come up positive - nothing frightening on that, its standard practice now....
Follow AAs advice and you should be okay - I don't drive myself so can't help much further.
Direct Auto Finance - Hounding Me! And Knocked On My Door On A Sunday!
Can someone please confirm if this allowed and legal.
anytime of the day or night, this can be up to 10 -12 times a day. I try to reason with them and stated that I am in finance difficulty, but they just dont want to hear this and rudely ignoring what I am telling them. They just threaten me with that the vehicle is now flagged! and that I should not drive it. I have already paid over 10K for a corsa, which the cash price listed on their agreement is £6238.00, that rest is there PPI
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and you need to check whether yes car have conformed to consumer legislation. You will find the template letter in the general debt forum under the general debt issues sticky, you need letter N and yes send them a £1 postal order, sign you 
