Thread: Action against YES/DAF

Started action against Direct Auto Finance on the 15th Feb with an SAR, the details arrived back in double quick time. Will be claiming back all of the £15 admin charges they apply every time they send us a letter and will be trying to get back approx £1500 for PPI insurance we were mis-sold as we were and still are, self-employed.

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Just had a thought, I take it I will need to make two separate claims, one for the charges and one for the PPI, am I right?

best regards

Kim

i too took out PPI with YES/DAF and was/am self employed. does this mean i can claim back a mis-sold insurance policy and if so...why?. i am just about to tell them i want a VT on my agreemnet..will this go for me?


jedpm

Have given them notice i.e. lba and am now due to send out forms for court claim as I had an unsatisfactory letter telling me that we had agreed to them making claims from us for late payment by signing the original agreement; but if they'd read the letter as set out in the standard docs in the forum, then they would have realised I wasn't claiming for the fact they had charged, merely the fact that the charges are hefty. None the less going ahead with claim as I had instructed them I would.

Also thought I'd better look into the PPI, according to the agreement, of which I have the original, and a leaflet that I also kept from the time we took the car credit on, both say that we are covered even as self-employed. We took the finance out in Nov 2003, did things change after this, I remember questioning whether we actually had to have it and that that question was answered 'yes' and I remembering questioning the self-employed bit but was told that was ok. Does anyone know when the legislation changed so that insurances did not have to be bought from the company that were arranging the loan.

I can't believe DAF! We put the court papers in for the charges that they have illegally applied to my husbands account a week last Friday, so I can only assume that they have by now received their copy, ours has not yet arrived. Yesterday morning I received this from them (I have highlighted the parts that I believe are important):




I am really p****d off as I imagine that they are trying to use any means possible by not repaying us what we are owed by them. What really annoys me is that they haven't even specified a date for the letter, we never received the default notice in September last year, we have paid every month as is owed, even if late (the charges we have claimed for are late penalties) and we only have 6 payments left to make which only adds up to £1607.58. I don't think they know what they are doing and I believe they are obviously using underhand tactics to recover something that just isn't even owing. Our claim has gone in for about £800 so about half of what is outstanding.

Can anyone help, obviously I am going to have to write to them and find out what is going on in the next couple of days. You see I don't even believe that this is because of Paul's bankruptcy, why wait from January this year when Paul's bankruptcy was cited to send this letter to us if that were the case. No, I am almost sure that it is because we have taken them to court. BTW, why would they also say about taking the car back when we only have 6 payments to make, that would cost us even more as we would be charged for them trying to do that. Believe me, if I could afford the £800 ish that we owed them less interest for early payment then I would do it, they are so infuriating and so unreasonable!

you now have no agreement with them - they have ended it, they now have to take you to court if they want their money unless you sign a new agreement, i am sure you dont want to! i am in the same position with welcome, technically- i assume i cannot reclaim my charges as they have no agreement with me, but they cannot enforce an agreement they do not have in court either.

Originally Posted by calvi36

Hmmmm get a clear head here, the agreement is in place unless settlement is paid or wiped via IVA or bankruptcy. If Paul is a bankrupt they will still chase until they are satisfied otherwise. Lance I know these companies make our blood boil but m8 the agreement is in place in the finance comps eyes. Keep going with your claim, they are two sep matters m8, one is your claim and other is theirs. Lance you can still claim the charges back whether or not the agreement has been settled. You have the right to challenge their charges with normal process, Data Protection Act then lba etc, go for it and claim back what has been taken from u.

Thanks for this Calvi, I was almost sure that what they are trying to do was underhand and considering I got my copies through of our claim this morning from the court, then I do truly now believe that this is why they are trying to get this money from us at their earliest conveinience so that they can then say they have no case to answer. I shall compose my letter this afternoon and post for you all to see and make your judgement on.

Just realised I've made a mistake with the court papers (can't believe I've done this but their statements are so confusing).

I was looking through the stuff about the PPI and thought I'd better sort out the statement to find out if we were behind and by how much, they would never tell us and keep adding their £15 charges on month by month and they have to have arrived at their figures somehow. Somehow we're behind by half a month so am going to rectify that today.

Anyway, realised that although they show they debit the account with charges they credit them as well, very confusing but having thought they'd added them in twice have no found that my claim has gone in for double what it should be although I still have to add the charges on from the end of Jan 2007 including the £25 for the letter they have just sent.

Will I be able to correct this when I put the bundle in? Because obviously I am over charging them - I suppose its up to them to put in their defence!

Oh and for info I found a letter from them in response to ours about the charges which they don't call charges (although they are called fee's on their statements), they call them liquidated damages. Oh, what spin - they must think we're stupid or something.

Good Luck gallygaskins! I am also in dispute with daf and find there constant phone calls a bloody nightmare. Also there statement of my account is so confusing, I still have not worked it out but I will be claiming all those charges back off them. GOOD LUCK!!

I got my CAR repoed by them after they took me to court now there chasing me for over £5K. No bloody way are they getting any more out of me its now making ill I don't know what to do.

Please help

Regards
Onlymarsbar