Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    ladyvlvt Novitiate

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    Default Direct Auto Finance - Result!! sort of! please advise

    I moved this from where it was listed under the Re name. I am hoping someone can give me some advice and quick.
    Thank you.

    Re: Yes Car Credit/Direct Auto Finance PPIicon
    Possible result!!!! Not sure should take it though....any advice please.
    Here is the letter I received today from one I wrote to them above. Mind you our loan will be paid off in Feb 09.

    We have set out our position in this matter and have reponed to your revious correspondence.

    However to clarify the following points reaised we would again, confirm as follows
    1. you have provided no particulars of the conversations, which are alleged to have taken place.
    2. you have only raised these issue severalyears later.
    3. you signed contemporaneous documentation stating that the insurance products were optional
    4. we believe that the policy has been sold fairly.
    We have conducted ourselves lawfully and in a manner which complies with UK laws. The agreement was constructed in line with the relevant legisttion ffective at the time. Our process was specifically designed to give customers the option of raising any queries or concerns with different departments a system of checks and balances.
    Your position is not supported by any eveidence. We have no reason to believe that our standard procedures were not followed at the time the agreement was entered into, or that the optional nature of the insurance products was not fully explained to you. Our position is borne out by the documents signed by you.
    However, we are always keen to bring complaints to amtually agreeable conclusion and therefore are willing to write off your remaining balance to close the account. A completion letter will be sent to you in due course.

    Now, i for one think i should just continue this with the FSA/Courts as I will still have paid for a policy that I never wanted and was mis sold. If they write off the remaining few months of the loan will make little difference to them as at 29.9% interesticon the car was paid off ages ago in principle. I feel they did wrong and at the end, although I would not have to pay the remaining 9 payments at £270 a month, I would still be better of continueing the fight. What do you think? Also, it is possible to claim back for all the £30 letters they have sent me when a payment was late etc?

    I look forward to some guidance and help as i will need to sort a reply asap!!!

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  2. #2
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    Default Re: Direct Auto Finance - Result!! sort of! please advise

    Hi. I also wrote to DAF to ask for my PPIicon refunding and recieved almost exactly the same letter ecept in my case they did not offer me anything but i think this is because I bought my car in DEC 2004 just before they became regulated by the FSA meaning i can not take my case through them. There is a thread on this section by Brooklyn who is in the same position as myself. Can I ask when you purchased your car?


  3. #3
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    ladyvlvt Novitiate

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    Default Re: Direct Auto Finance - Result!! sort of! please advise

    We bought our car in January 2005 literally days after they signed up with the FSA regs. if you look under another thread I had called
    Re: Yes Car Credit/Direct Auto Finance PPIicon Here I have a copy of the letter I sent them with all the details of he situation.

    We only have 9 months of payments to make on the car and have paid nearly £3k with interesticon etc for the PPI. My way of thinking this is that if I agree to their suggestion and take their offer that I have still lost out in reality and they have lost nothing in the end as the car itself has been paid for more than likely several time over!! I mean we have 9 payments left at £270 that is including the interest at 29.9% and the remaining PPI is included in that as well.

    Jut need to figure out which way to go now.


  4. #4
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    Default Re: Direct Auto Finance - Result!! sort of! please advise

    If I was in your position I would go for it. If they mis-sold the PPIicon then its all your money. Tell them you want your £3k back and if they dont give in go to the FSA, its free.


  5. #5
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    Default Re: Direct Auto Finance - Result!! sort of! please advise

    I'm with Fluffy (unless of course you are struggling to pay back the loan in which case a speedy resolution might be less damaging in the long run?). Having said that if there isn't alot of difference between the two figures I would probably accept.

    You can also attempt to claim back the letter charges too - after all its only going to cost you the stamps to try!


  6. #6
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    Default Re: Direct Auto Finance - Result!! sort of! please advise

    I agree, accept the offer conditonally (as a part settlement), because the way I see it, the fact they have made an offer suggests they know they are in the wrong and know they would lose in court .

    ------------------------------------------------------------

    First Direct - Refund of Bank Charges...... **WON** (Offered full amount of £5200 2 days before court)

    Amex - Refund of charges..... **WON** (£330 refunded without much fight)

    First Plus PPI - **WON** (Full Refund of over £7000 + Interest)

    Norton Finance - Owe me over £6000 for mis-sold PPI - Starting court action in the new year!

    Barclaycard PPi - Ongoing (Being complete tos*ers!)

  7. #7
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    Default Re: Direct Auto Finance - Result!! sort of! please advise

    Thank you for the advice. After giving it some thought. I am going to write to them and find out what the remaining balance is on the principle of the car. I will only accept payment off the loan as long as it also contains the difference as well of the PPIicon that we should never have had! They owe us a total of 3K including 8% interesticon, although perhaps I should charge them the same 28.9% they charge us!!! Anyway, unless they agree to the full amount I will be taking it to the FSA, where I have no doubt we will win and may end up costing them more! They are sending the settlement papers to us in the post according to her last letter so not sure if I should write to her once I have those papers or write to her before? Any advice please? Thank you


  8. #8
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    Default Re: Direct Auto Finance - Result!! sort of! please advise

    Hello ladyvlvt,

    If you do not have all of the relevant documentation then you can send a Data Subject access requesticon to ask for it all. There is a statutory fee to pay for this of £10.00 and it is best to send a postal order. They in return have to supply you will all the data they hold on you including the Consumer Credit Agreement, Statement of account, terms and conditions. This will let you read all the small print. You can then decide on what action you wish to take. You could carry on, repay the outstanding balance on the loan for the car and then submit a claim for mis-sold PPI and request a full refund of the PPI and interesticon on the PPI plus 8% statutory interest.
    If they take longer than eight weeks to respond or they give you a flat refusal then you can submit your case to the Financial Ombudsman Service (The Ombudsman) (fosicon) He will look at all the documentation and make a decision. If your complaint is upheld success, if it is not upheld you can still go down the court route to reclaim you PPI back.

    hope this helps.

    aa


  9. #9
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    Default Re: Direct Auto Finance - Urgent help please, nearly there

    Well, been nearly two weeks since we got the initial above offer letter which stated as follows as an exerpt..

    "Howeverm we are always keen to bring complaints to a mutually agreeable conclusion and therefore are willing to write off your remaining balance to close the account. A completion letter will be sent to you in due course"

    We still have not received said completion letter and obviously we would not be accepting it as resolution/payment in full. I am now getting ready to write yet another letter to them to have in the post today. This time will only be giving them 7 days to reply as this has gone on long enough. I just want this resolved but will not be taken for a mug!!

    Here is my question(s)

    1. When they say they will be writing off the remaining balance, I assume this means without the interesticon amount calculated into the total as the loan would be effectively paid off early? Is this correct?

    2. If above is the case then how do I figure out exactly what is still owing by the figures on my contract? We made May's payment and so have 8 payments left. Junes payment will be made on the 28th. Will list them for car....
    Cash price - 6134.00
    amount financed - 6134.00
    Total Charges - 3742.48
    made up of
    finance charges - 3442.48
    adminicon fee - 300.00
    Balance payable - 9876.48
    APR - 28.9%
    total number of payments 48
    amount of each payment - 205.76

    First payment to be made one month after the contract signed so starting in Feb. 2005, contract was signed on Jan 22 2005.

    What I am trying to do is work out the exact amount still effectively owing on the car as we will not settle for less the £3000 they owe us plus interest for the mis-sold PPIicon. I have to get this letter in the post today and I just cant seem to get the figures to work out.

    I would be very grateful for any assistance or if someone knows what the figure would be off the top of thier heads lol. Thank you ever so much!!





  10. #10
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    Default Re: Direct Auto Finance - Result!! sort of! please advise

    Please, does anybody have advice on the above please?? I really do appreciate all of your assistance and it has been incredibly helpful. x


  11. #11
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    Default Re: Direct Auto Finance - Result!! sort of! please advise

    hello ladyvlvt,

    I am not the best with figures apart from figuring out that my figures for reclaiming were not enough.
    This is to boost you up the ladder in the hope that a mathematical person will come to your aid..... and then perhaps mine

    aa


  12. #12
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    Default Re: Direct Auto Finance - Result!! sort of! please advise

    Thank you alanalna, think I am just going to have to send the letter without as it really has to go today. I have reworded it a bit now and made it clear that we will not be accepting any amount less than what they owe us in full. Thank you again



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE