Hi again Chris:) Right I think I have got my thick head around this now! As of right now because they haven't provided me with a true copy of my CA under s.77/78 of the CCA my CA in unenforceable? So, I can go to court, get whatever forms I need and take them to court under s.142 of the CCA? The problem is that if this gets them to pull their socks up and send me out one before I get them actually to court, I'm wasting my time? But I can still carry on with my case for mis-sold PPI against them. Although I am happy just to pay the monthly payments without the said £150ish per month for the PPI/PPI interest. Thanks again Cheapbangerplease PS Have I covered everything? They added the interest at the beginning of my CA, which was also the same time that they added the PPI/PPI interest.

Hi again Chris. Thanks for explaining that to me. HHNF has told me that if they dont provide me with a true CA under s.77/78 of the CCA, that after I think it's 30 days they have committed a criminal offence....am not sure if it's another 30 days after the 12 + 2 will have to read my thread back. I like the sound of the s.142. Am not worried if they respond with a counterclaim as I am already disputing the mis-sold PPI with them, the refund of the cancelled PPI for the rest of the CA they gave us, the total outstanding balance and have the complaint lodged with their head office who are looking into the matter as we speak. What I'm worried about is that I just can't do this months payent so I will be a month behind on the time out order and I can't do nothing about it a all. I would love to know if there is anything out there that can put my account on some sort of hold until the PPI matter is sorted out and gives me some time to catch up with this months payment? Is there any way I can stop them from coming and taking our car after they have served us with another Notice of Seizure, which we are sure to receive at the end of this month after we have had another Default Notice? Thanks again Cheapbangerplease

Hi Chris. Thanks so much for replying to my latest message:D They've now actually had the 12 working day + 2 days you've mentioned in your message. I sent the letter on the 4th June, via 1st Class Recorded Delivery as usual. Right the time out order......I already have a time out order in place on my account (explained at the beginning of my thread) This time out order was made to the court, purely to have my monthly payments dropped from the original amount, to a lower amount each month. Since we went to court last year and were granted it, we've managed to pay the monthly payments each month....that is until this months payment fell due 2 days ago, but they normally give us until the end of the calender month to make payment. So in effect we are in breach of the time out order aren't we? Is this time out order we have, different to the one you have quoted under section 129 and I have no idea what section 142 means or what a declaration is, sorry? As it's all in legal jargon to me, could you just let me know what both of these sections mean in laymens terms please? Thanks again Cheapbangerplease

Hi all again. I know it's only been two days since I wrote my last message, but am desperate now. So am bumping it upto the top again in the hope that someone will tell me how to put my account into legal dispute? Thanks Cheapbangerplease PS We've still not received a true copy of our CA under section 77/78 of the Consumer Credit Agreement!!!

Hi again. Am really in need of some help now as I have to have something in writing for them by 26th June and I have absolutely no idea what I'm doing. Could somebody please help? Thanks Cheapbangerplease

Hi Hell/All Well it's the 12th working day and I haven't received a copy of our CA, under section 77/78 of the Consumer Credit Agreement!!! OH DEAR!! Such a shame I can now put my account into legal dispute:D...I just need some nice person to tell me how to actually do that? We received our Notice of Seizure on 13th and we had until 7 days from the date of the letter to pay the outstanding amount we owed, which took us to yesterday (18th). I telephoned them on 17th, and spoke to the boss, he said basically, he didn't care if our account is in legal dispute if we don't pay the money then they will come for the car on the 18th. He was snotty, condescending, and didn't care what I had to say. I told him the car wouldn't be there and he said he would contact the police stating it as stolen...I know the police won't get involved as I have spoken to them in the past regarding this matter, but what I don't know is if he reported the car as stolen can we get into trouble if we have hidden it? Does he have that power? Also do we still have to keep making payments if our account is in legal dispute? I ask this as our payment is due again by the end of the month and this is the end of the road for us as we have lost income that would have paid the monthly payments and we just can't do it anymore, so we need to get to court asap or I'm pretty certain the car will be gone by the end of this month. We really need your help now guys. Thanks Cheapbangerplease Anyway since I wasn't sure about hiding the car and the consequences, we paid the money as I could see no other way out of it and I wasn't willing to take that chance:( As thing stand now

Hi Hell/all Just a quick update. Have received a letter from Cygnet head office today, stating; Dear us We have today received a copy of your complaint from Cygnet Financial Services. I am sorry to learn that your client has been dissatisfied with the service we have provided and can confirm that we will be conducting a thorough investigation into your concerns. Once we have completed this, we will contact you again. Please find enclosed a copy of our internal Complaints Procedure for your information. Please take time to read this as it explains how we will deal with your complaint and when we will contact you again. In the mean time, if you have any questions, please do not hesitate to contact me. Yours sincerely. them To date I have still not received a copy of our CA, under section 77/78 and the letter was sent out on 3rd June.....I'm really hoping they don't send it out within the 12 days time period and my account can then go into legal dispute. Thanks Cheapbangerplease

Hi all. Here's my problem. I've been on DLA for 3 years. This is my second claim. My first claim went through, no problem. This claim has been denied. Has gone to reconsideration and has been denied again. This is the decision; Further evidence not required. Mrs X is in receipt of carers allowance and to be entitled to this somebody has to spend at least 35 hours a week caring for someone in receipt of particular rates of DLA or AA. Her claim needs are inconsistant with this and agree with the reasons for the decision dated 7th April 2008. As far as I can see I am being vindicated for caring for my 2 disabled children and claiming CA for them:o Funny thing is, I was claiming CA for my 2 children last time I claimed so I have no idea what's going on? I myself have become worse, and my 2 children are still disabled. My circumstances are; My eldest son has ADHD and Dyspraxia (muddled child syndrome). My middle son is Autistic. I have a blue badge. My husband doesn't work and is my full time carer, although he doesn't receive CA for me as I'm no longer in receipt of DLA. I'm in receipt of Incapacity Benefit. I'm only on the middle rate (nobody told me when I started to claim DLA that I should be claiming IB as well, which is why I'm not on the highest rate and getting the Disabled Premium to! I will be on the highest rate in November.) I'm under 2 specialists and my doctor knows everything about whats wrong with me. I was on Medium Care and Low Mobility. I have been told by someone in authority that I should really be on High Care and High Mobility now. I haven't had to go as far as this before to be awarded my DLA, and I have no idea what I'm going to say on my appeal form, that I haven't already put (in detail) on my claim form:confused: I would be really grateful if someone could point me in the right direction please. Thanks Cheapbangerplease

Hi all. I'm really starting to panic now! So am sending the draft of my letter today as it is, even though no-one has had a look and told me whether it's ok or not:(. As below; "us" "them" ACCOUNT NO:- xxxxxxxx Dear x. RE: RESPONSE TO YOUR LETTER SENT TO US ON 22nd MAY 2008 REGARDING THE REFUND OF OUR PAYMENT PROTECTION INSURANCE AND PAYMENT PROTECTION INSURANCE INTEREST. We STILL question the accuracy of your figure of £401.39 on the amount of rebate of both, the insurance premium, and, the rebate of the interest. As we STILL do not believe this to be the correct figure for the required refund. We demand a written explanation as to why our monthly payments haven't been reduced accordingly with the cancellation of the Payment Protection Insurance? As, according to our Credit Agreement, and I quote; "Total Amount Payable by 48 monthly Insurance Payments each of £150ish." We have only paid approximately 34 monthly Insurance Payments, so I ask myself this; "Where is the proper rebate of approximately £1800 off our outstanding balance?" We also require you to supply the latest up-to-date balance, minus the cancelled Payment Protection Insurance and Payment Protect Insurance interest, as you failed to supply us with this information in our previous letter to yourselves, dated 20th May 2008. We would also like written confirmation of the length of the term oustanding. If you fail to provide us with a favourable response, we will not hesitate to contact and lodge a formal complaint against yourselves with, The Office of Fair Trading, The Financial Services Authority, Financial Ombudsman Service, and, if the need arises, we will proceed with the appropritate action through the courts. Yours sincerely. us Am also going to send off the draft of my letter to start the ball rolling with the mis-selling of my PPI. "us" "them" We believe we have been mis-sold a payment protection insurance policy and would like to request a full refund of our premiums, plus interest paid. We took out £xxxxxxxxx worth of car finance with yourselves, at your xxxxxxxx Branch on 19th April 2005 and also bought a payment protection policy which would cost us an extra £xxxxxx over the life of the loan. The name of the salesperson who sold us the policy is xxxxxxxxxxxx. The total amount of our premiums plus interest is £ xxxx. The reasons for reclaiming are as follows; I, being Mr x, was not in work or self employed at the time of sale. I was actually off work on sick leave. Your salesperson knew this at the time of sale but did not point out to us that this would make the insurance policy useless to us. At no time were we given the option of not taking out PPI by yourselves. At no time were we told that PPI could be purchased elsewhere. It was not explained to us that there were certain exclusions within the policy that could affect us Insurers are under an obligation to ensure that the policy they are selling is appropriate to the customer/s and clearly, as my employment situation means I am unable to claim on the policy, you have not fulfilled this requirement. We are requesting a full refund of all our insurance payments, plus interest. If we do not receive a favourable response from you we will pursue this claim through the Financial Ombudsman Service, and indeed through the courts. Yours sincerely us I have to send it asap because I will be receiving my Notice of Seizure in the next couple of days. I would be EXTREMELY GRATEFUL if someone does have the time to have a quick look over these two drafts, before I send them off about 4.30pm this afternoon. Thanks Cheapbangerplease PS; Could someone please explain what a section 77/78 is please?

Hi all. Received default notice yesterday. So Notice of Seizure will be here within the week:( Thought I would put up the draft of the letter I have to start the ball rolling with the mis selling of the PPI. "us" "them" We believe we have been mis-sold a payment protection insurance policy and would like to request a full refund of our premiums, plus interest paid. We took out £xxxxxxxxx worth of car finance with yourselves, at your xxxxxxxx Branch on 19th April 2005 and also bought a payment protection policy which would cost us an extra £xxxxxx over the life of the loan. The name of the salesperson who sold us the policy is xxxxxxxxxxxx. The total amount of our premiums plus interest is £ xxxx. The reasons for reclaiming are as follows; I, being Mr x, was not in work or self employed at the time of sale. I was actually off work on sick leave. Your salesperson knew this at the time of sale but did not point out to us that this would make the insurance policy useless to us. At no time were we given the option of not taking out PPI by yourselves. At no time were we told that PPI could be purchased elsewhere. It was not explained to us that there were certain exclusions within the policy that could affect us Insurers are under an obligation to ensure that the policy they are selling is appropriate to the customer/s and clearly, as my employment situation means I am unable to claim on the policy, you have not fulfilled this requirement. We are requesting a full refund of all our insurance payments, plus interest. If we do not receive a favourable response from you we will pursue this claim through the Financial Ombudsman Service, and indeed through the courts. Yours sincerely us I'm going to send this letter and the letter in the message before this one, on Monday via 1st Class Recorded Delivery. Anyone please feel free to jump in and tweak it for me or add anything important to it that I have missed out. Thanks Cheapbangerplease

Hi Hell/Alana/Chaos/All First I forgot to thank you Alana for the extra little bits you added to my letter for me - thanks:D Hell, with regards to this bit; Well I think what is the usual practice in front loaded single premium ppi, is that you pay the ppi and interest of at the start of the loan:evil:. So what you are paying now for is the car. How can they do that? I have a CA infront of me that states that they want; 48 monthly Insurance Payments each of £150ish So if they have used some of the money we have paid, to pay off all the ppi and interest, surely that's illegal as they have broken the terms of the CA, by not taking the money at the agreed monthly amount? To Chaos, I have checked my Bill of Sale and it states only the actual amount of the cost of the car and the cost of the Finance charges. The rest of the CA amounts are purely Insurance Products, their Arrangement Fee, and, Credit Facility Fee, which I'm sure they aren't allowed to put on a Bill of Sale anyway....shame though as I'd love the Bill of Sale to be illegal or unenforceable, it would make my day:D Thanks for the tip about Stephensons:) I will give them a ring and see if there is anything they can do for us. Here is my latest draft; "us" "them" ACCOUNT NO:- xxxxxxxx Dear x. RE: RESPONSE TO YOUR LETTER SENT TO US ON 22nd MAY 2008 REGARDING THE REFUND OF OUR PAYMENT PROTECTION INSURANCE AND PAYMENT PROTECTION INSURANCE INTEREST. We STILL question the accuracy of your figure of £401.39 on the amount of rebate of both, the insurance premium, and, the rebate of the interest. As we STILL do not believe this to be the correct figure for the required refund. We demand a written explanation as to why our monthly payments haven't been reduced accordingly with the cancellation of the Payment Protection Insurance? As, according to our Credit Agreement, and I quote; "Total Amount Payable by 48 monthly Insurance Payments each of £150ish." We have only paid approximately 34 monthly Insurance Payments, so I ask myself this; "Where is the proper rebate of approximately £1800 off our outstanding balance?" We also require you to supply the latest up-to-date balance, minus the cancelled Payment Protection Insurance and Payment Protect Insurance interest, as you failed to supply us with this information in our previous letter to yourselves, dated 20th May 2008. We would also like written confirmation of the length of the term oustanding. If you fail to provide us with a favourable response, we will not hesitate to contact and lodge a formal complaint against yourselves with, The Office of Fair Trading, The Financial Services Authority, Financial Ombudsman Service, and, if the need arises, we will proceed with the appropritate action through the courts. Yours sincerely. us Please feel free to tweak it in any way you please. Thanks Cheapbangerplease PS Hell, I've forgotten what a section 77/78 is....lol:o

Hi all. Received a reply off Cygnet....omg it's like a book and it still doesn't answer all the questions I asked:rolleyes: Here it is; Dear us We understand from your letter dated xxxxx and subsequent telephone call (they phoned me and I wouldn't say much on the phone about anything) that you disagree with the amount of rebate given upon cancellation of your platinum cover. Upon receipt of a written request to cancel a payment protection policy the Insurer will retain a portion of the premium in proportion to the time you have been on cover and refund the balance to the Lender to be used to reduce the outstanding balance. Since the amount that may have to be paid in the event of a successful claim is greater at the beinning of the term than at the end the refund is not calculated on a pro rata basis but on a formula that reflects the way the risk changes over the loan. The rebate we have provided has been calculated as per the method we have agreed with the FSA and is based on the rebate you would be afforded upon settlement which due to your reduced repayments (explained at the beginning of my thread) and extended term has actually given you a larger rebate than would be provided had your account been running in line with the original contract terms. Although your account term has been extended to accommodate the court ruling (We took them to court for a Time Out Order) the insurance policy remains over the original 48 month term. We have also included a rebate of interest reflecting the removal of this proportion of your payment protection policy. Rebate of Premium £205.91 Rebate of Interest £195.48 Total Rebate £401.39 Please be assured, if you had informed us that the policy had been missold (am doing that next, but needed to sort this out first) we would have referrred the matter for full investigation to our Compliance Department and if this was found to be correct the original premium and all relating interest would be removed from your agreement. In response to your "demand for a written explanation as to why your monthly payments had not been reduced". Generally we can either reduce your repayments over the term of the agreement or apply the refund as a lump sum. The financial benefit to yourself is the same as we do not apply any additional interest or charges to your outstanding balance. The £401.39 is simply deducted off the remaining gross amount payable. We trust this letter has covered the points raised in your correspondence. them Ok my head is spinning now:confused: Does this mean is still have to pay the agreed monthly payments which still includes the PPI??? As they can seriously go to hell!!!!! If they are not going to drop my monthly payments, that means in my eyes I'm still getting charged a total of approx £150 per month for the PPI (shown in a couple of the older messages) The way I see it now, they have cancelled the PPI, so why haven't they adjusted my monthly payments to suit? I've also not been given an up-to-date balance. What do I do next? Do I just carry on paying the same monthly amount or just pay them the monthly amount without the PPI? Shall I start the ball rolling now for being missold my PPI in the first place? HELP!!!! Thanks Cheapbangerplease

Hi Hell/Alana/Car/all. Sorry I've not been around but I've been really ill for the last few days and totally out of it. Oh well I've lost nearly a stone in weight, so I can't complain:D On a serious note tomorrow is payment due day again, and then default notice, seizure, yep you all know how it works. So I will be sending my letter (draft 2 messages ago) out tomorrow via usual 1st class recorded. If no lovely person;) comes back to me to give it a tweak here or there I will send as is, hoping that it's ok if I get no replies:D Thanks Cheapbangerplease

Hi Hell. Yep, you are right they have cancelled the PPI. But as far as they're concerned £401.39 is all we're owed, which is a load of rubbish, as we still owe about £8500, which includes the PPI!! To tell you the truth, there's not much else in the letter. Here it is; "us address" Dear us RE xxxxxxx Cancellation of Platinum Insurance Further to your letter of 30th April 2008, we have cancelled the platinum policy. A rebate of the insurance premium and a rebate of interest, relating to the loan for the premium, have been credited to your account, amounting to £401.39. Your account is now prepaid by £xxx.xx however your next payment will fall due on 19th May 2008 hence a payment of £xxx.xx will then be required. If I can be of any further assistance please do not hesitate to contact me. them That's it! What do you think hell? Thanks Cheapbangerplease PS I haven't started the ball rolling on claiming back the payments I have already made...that's when, as you say, world war iii starts:)

Hi Alana. Nice to have you on board:) Thanks for all your comments and pointers...they have been a great help to say the least. I have been trolling through stickys, links and threads for ages, and have finally put together some sort of a letter to those people again. "us address" "them address" ACCOUNT NO:- xxxxxxxxxx Dear Sir/Madam. RE: RESPONSE TO YOUR LETTER SENT TO US ON 9TH MAY 2008 REGARDING THE CANCELLATION OF OUR PAYMENT PROTECTION INSURANCE. We wish to query the amount of rebate of both, the insurance premium, and, the rebate of the interest . We also wish for a FULL COMPLETE BREAKDOWN of why we have only received £401.39 in total? As, we believe we are entitled to a full refund of the balance of the Payment Protection Insurance, and, the Payment Protection Insurance interest, that is still outstanding on our loan. We would also wish for a written explanation as to why our monthly payments haven't been reduced accordingly with the cancellation of the Payment Protection Insurance? We would also wish for the latest up-to-date balance, minus the cancelled Payment Protection Insurance and Payment Protect Insurance interest. If we do not receive a favourable response from yourselves, we will not hesitate to contact and lodge formal complaints against yourselves with, The Office of Fair Trading, The Financial Services Authority, Financial Ombudsman Service, and, if the need arises, again, the courts. As a footnote, we ARE aware that the FSA made a new ruling regarding PPI on 14th January 2005. Yours sincerely. us Hows that? I know it's not perfect, but I'm hoping some nice person will come along and tweak it a bit for me so I can send it off to them tomorrow, via 1st class recorded delivery of course. Thanks again Cheapbangerplease

Hi all. Have finally had a reply off Cygnet...and it certainly was worse than I expected it to be:eek: They reckon that, and I quote; "A rebate of the insurace premium and a rebate of interest, relating to the loan for the premium, have been credited to your account, amounting to £401.39. Are they having a laugh!!!!!! AND to top it all off, they may have cancelled the platinum policy, but they haven't dropped my monthly payments by a single penny! How can this be so?? If you look back on my notes you will see that I pay approx £150 per month in PPI and whatnot. On a small plus note, because they've credited my account with the amount above, I don't have to worry until 19th May about having the car rep'od again:( I need some sort of letter stating; 1. Why hasn't my account been credited with the proper rebate and interest, which is approx a few thousand. 2. Why haven't my payments dropped accordingly with the cancellation of the platinum policy. 3. Why haven't I got a new balance, minus the platinum insurance. 4. Anything else anybody can think of would be greatly appreciated too:) I will try and draft up a letter and copy it on here...but I'm useless lol Thanks Cheapbangerplease

Hi Hell. Thanks for adding those bits to my letter for me, I really appreciate it:D The letter has just been typed and hubby is on his way to the Post Office with it to send it via 1st Class Recorded Delivery. Just as a footnote, today I got a "DEFAULT NOTICE SERVED UNDER SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974" This is because I haven't made my full monthly payment, in fact I've only been able to pay a 1/3 of it:( I just haven't got it! I've got until the mid May 2008 to pay it or the next thing I will get will be a Notice of Seizure:eek: I know this, as I have been down this road before...is there any way I can stall them without them re'poing our car? Thanks Cheapbangerplease

Hi all. Thanks for the help Hell/Car. They didn't say they wouldn't cancel the PPI Hell, they just told me that I wouldn't get a penny back of what I had already paid as they paid the premium (a single one) at the beginning of the finance to the insurance company!!!! I would love to go ahead with proaction and VT Car, but I'm afraid I'm a bit of a thicko and have absolutely no idea what they both mean:o I really need to get a letter out today to cancel my ppi and then after a few days send out the letter I have posted up on here in one of my older messages. Does this one look ok to go? Or does it need tweaking a bit? "us address" "them address" Dear Sir/Madam. RE: CANCELLING OUR PAYMENT PROTECTION INSURANCE POLICY We wish to cancel our Payment Protection Insurance Policy with you, from this day forth. This day being 29th April 2008. We also wish for the remaining unpaid portion of the Payment Protection Insurance to be paid back into the loan, as this will reduce the amount owing/oustanding. We would like WRITTEN confirmation as soon as our Payment Protection Insurance has been cancelled. We would also like to receive all future correspondence by form of letter. Thanks US. Any help would be REALLY appreciated so I can get this off today, via 1st Class Recorded Delivery. Thanks Cheapbangerplease

Hi Hell/all. I have tried to cancel the PPI in the past, only to be told I won't receive a penny piece, as the PPI was one of those single payment ones, that are so called paid to the insurance company at the start of our Credit Agreement!!! You're so right Hell, there are a few issue aren't there!!!! Right extortionate credit bargain; The Goods and Financial Particulars Cash Price of Goods (A) £7,900.00 Less Advance Payment By You(B) £ 400.00 Amount of Credit (A) - (B) © £7,500.00 Finance Charges (D) £7,120.32 Arrangement Fee (E) £ 250.00 Credit Facility Fee (F) £ 195.00 Total Charge For Credit (D)+(E)+(F) (G) £7,565.32 Balance Payable ©+(G) (H)£15,065.32 TOTAL AMOUNT PAYABLE (A)+(G) £15,465.32 The interest rate they applied Is this different to APR? The credit agreement apr stated APR 45.6% Also Insurance Products and Financial Particulars Name of Insured Person for Payment Protection Insurance: Mr X You have applied for the following optional Insurance Products: PPP Platinum Warranty 2 Years Extra Payment Protection Insurance Premium (Cash Price) for £2,881.20 49 months cover Interest charged for Payment Protection Premium £2,735.28 Motor Warranty Premium (Cash Price) for 24 months £ 900.00 cover Interest charged for Motor Warranty Premium £ 854.40 Total Premiums (Cash Price) £3,781.20 Total Charge for Credit £3,589.68 Total Amount Payable £7,370.88 APR 42.3% I've very, very, nearly had the car repossed in the past. I was served with a default notice (XX April 2007) and then subsequently a notice of seizure (XX May 2007) But since then I have had another default notice (XX December 2007 - the latest one) but I don't think we had another Notice of Seizure then as we paid the outstanding amount. I would be ETERNALLY:D grateful if you could draft me up a better letter than mine please Hell, or in that case, any other lovely person who knows their stuff;) Hope all this helps. Thanks so much Cheapbangerplease

Hi all/Hell. We are now one step from having our car taken away from us now as we just can't find this months payment...it's just not possilbe. I need to get a letter sent off ASAP to start the ball rolling to reclaim my PPI. Here is a draft of the letter. MR AND MRS X ADDRESS ONE ADDRESS TWO ADDRESS THREE ADDRESS FOUR The Complaints Department CYGNET FINANCIAL SERVICES LTD 96 WHARF STREET DUKINFIELD CHESHIRE SK16 4JF Dear Sir/Madam, Ref: [Your PPI policy number] We believe we have been mis-sold a payment protection insurance policy and would like to request a full refund of our premiums, plus interest paid. We took out £XXXXX worth of car finance with yourselves, at your Dukinfield Branch on 19th XXXXX.XX 200X and also bought a payment protection policy which would cost us an extra £XXXX.XX over the life of the loan. The name of the salesperson who sold us the policy is XXXXX The total amount of our premiums plus interest is £ XXXX.XX. The reasons for reclaiming are: I, being Mr X, was not in work or self employed at the time of sale. I was actually off work on sick leave. Your salesperson knew this at the time of sale but did not point out to us that this would make the insurance policy useless to us. At no time were we given the option of not taking out PPI by yourselves. At no time were we told that PPI could be purchased elsewhere. It was not explained to us that there were certain exclusions within the policy that could affect us I,being Mr X, am unemployed and therefore will not be eligible for any payments from the PPI if I find myself unable to meet my debt repayments. Insurers are under an obligation to ensure that the policy they are selling is appropriate to that customer/s and clearly, as my employment situation means I am unable to claim on the policy, you have not fulfilled this requirement. We are requesting a full refund of all our insurance payments, plus interest, which total £XXXX.XX. If we do not receive a favourable response from you we will pursue this claim through the Financial Ombudsman and indeed through the courts. Yours sincerely [Your signature] MR AND MRS X Is this ok? Also I have no idea how to work out the interest on the PPI that I have already paid. I have paid approximately £4900 PPI, out of the £7000++ or so total. Thanks Cheapbangerplease PS Would be grateful for really speedy help now as am getting really desperate:(

Hi all. Have finally got my S.A.R back off Cygnet Finance....only 6 days before the due date! I have about 200 pages of stuff and I have no idea what I'm looking for....could somebody tell me what I need to do next please, asap as my next payment is due in a couple of weeks time and I'm having extreme financial difficulties now and everything is going from bad, to worse, to chronic. Thanks Cheapbangerplease

Hi Hell. My main concern right at this very moment in time is to get my PPI back, including interest. This will then drop my monthly payments by approx £150 per month, to which I will then be able to go back to court, get another Time Out Order Application (hopefully!), explaining in a nice way how I was duped into PPI and I would like my monthly payments to be dropped by that amount......which will then make me only liable to pay £200 per month, which, hopefully fingers crossed, we will be able to afford and not have our car taken away:-| I'm also REALLY hoping that if, no wrong word..positive thinking me, once they take the PPI off our car finance, which by god I will fight them all the way:evil: and with the amount we have paid already, there will only be a shortfall of about approx £4,000. Which fingers crossed is the PPI we've already paid plus interest that they owe us. I am going to hold back and wait for all my S.A.R stuff to come back off them before I send them a letter regarding my PPI. This is a draft I have below, I think I pinched it off you Hell or from off the site somewhere:D MR AND MRS X ADDRESS ONE ADDRESS TWO ADDRESS THREE ADDRESS FOUR The Complaints Department CYGNET FINANCIAL SERVICES LTD 96 WHARF STREET DUKINFIELD CHESHIRE SK16 4JF Dear Sir/Madam, Ref: [Your PPI policy number] We believe we have been mis-sold a payment protection insurance policy and would like to request a full refund of our premiums, plus interest paid. We took out £XXXXX worth of car finance with yourselves, at your Dukinfield Branch on 19th XXXXX.XX 200X and also bought a payment protection policy which would cost us an extra £XXXX.XX over the life of the loan. The name of the salesperson who sold us the policy is XXXXX The total amount of our premiums plus interest is £ XXXX.XX. The reasons for reclaiming are: I, being Mr X, was not in work or self employed at the time of sale. I was actually off work on sick leave. Your salesperson knew this at the time of sale but did not point out to us that this would make the insurance policy useless to us. At no time were we given the option of not taking out PPI by yourselves. At no time were we told that PPI could be purchased elsewhere. It was not explained to us that there were certain exclusions within the policy that could affect us I,being Mr X, am unemployed and therefore will not be eligible for any payments from the PPI if I find myself unable to meet my debt repayments. Insurers are under an obligation to ensure that the policy they are selling is appropriate to that customer/s and clearly, as my employment situation means I am unable to claim on the policy, you have not fulfilled this requirement. We are requesting a full refund of all our insurance payments, plus interest, which total £XXXX.XX. If we do not receive a favourable response from you we will pursue this claim through the Financial Ombudsman and indeed through the courts. Yours sincerely [Your signature] MR AND MRS X That is roughly the letter I'm going to be sending to them. Is that ok? Or have I missed any valuable information from it? QUESTION; I have yet again read my CA only to see that the £400 cash, we put up front on the day we got the car has been taken off the total of how much the car was worth, but then added back on again as part of the total amount payable:eek: ...so have I been charged finance on £400 that I paid cash to them on the day we drove the car away AND is that illegal? Because do you know what I am extreemly peed off right now to say the least:evil: How in gods name can I be charged finance for a £400 cash payment. Look see below. It was on the CA I put up but Photobucket have taken the top half of it off for some reason, so now you can't see it anymore; Cash Price of Goods (A) £7,900.00 Less Advance Payment By You(B) £ 400.00 Amount of Credit (A) - (B) © £7,500.00 is the right amount Finance Charges (D) £7,120.32 Arrangement Fee (E) £ 250.00 Credit Facility Fee (F) £ 195.00 Total Charge For Credit (D)+(E)+(F) (G) £7,565.32 Balance Payable ©+(G) (H)£15,065.32 should be what we're paying not below as they've added the £400 cash deposit back on this finance agreement!!!!!! TOTAL AMOUNT PAYABLE (A)+(G) £15,465.32 I am absolutely dancing with rage here. I know it's only £400, but it's £400 they are charging me finance on!!!!!! I NEED to know if this makes this whole document freakin illegal because the mood I'm in I will take it to court and fight them all the way....grrrrrrrr Also I know now why there is a £844.90 difference between the Bill of Sale and the Credit Agreement; Cash payment the day we took the car £400 Their Arrangement Fee £250 Their Credit Facility Fee £195 TOTAL £850 Thanks Cheapbangerplease

Hi again Chris. Right, here we go. I've copied what you've put and added my answers in red. Right, are you saying they provided you with a copy of the documents you've already uploaded here previously...YES THEY DID THEY WERE THE ORIGINALS WE TOOK AWAY WITH US ON THE DAY WE TOOK THE CAR AWAY, but they do contain signatures/dates etc...NO THE ORIGINAL CA WE TOOK AWAY WITH US ON THE DAY ONLY HAD OUR SIGNATURES ON IT. BUT THE ORIGINAL BILL OF SALE WE HAVE IS SIGNED BY US AND THEM AND DATED 16TH What is the date of the agreement ON THE COPY OF THE CA WE HAVE RECEIVED FROM THEM IT'S SIGNED AND DATED BY THEM ON 19TH? BUT THE ORIGINAL CA WE TOOK AWAY WITH US ON THE DAY WAS ONLY SIGNED BY US AND THE DATE WAS LEFT BLANK What is the date of your signature? ON OUR ORIGINAL CA THERE IS NO DATE IT'S BLANK. BUT ON THE COPY CA THEY SENT TO US IT'S 19TH What is the date of their signature? ON THE ORIGINAL CA THERE IS NO DATE AND NO SIGNATURE EXCEPT OURS. BUT ON THE COPY CA THEY SENT TO US IT'S THE 19TH.This is very important. What I'm trying to say is that the day we took our car away we took a CA that only had our signatures on and no date...but the copy we received off them last year for court also had a signature on off them and was dated 19th. The Bill of Sale we took away on the day we drove our car away was dated 16th and had both our signatures on it and theirs as well. Why has the CA and the Bill of Sale got different dates on them? Why have photobucket deleted the top part of the credit agreement? Thanks Cheapbangerplease PS Chris I have already sent off the S.A.R (SUBJECT ACCESS REQUEST) today with both mine and hubbys signature on it:(

I've just noticed, that our Bill of Sale has a different amount than our Credit Agreement. I know this Bill of Sale doesn't include any PPI etc, but what I do know is that the Credit Agreement, without the PPI etc totals £15,465.22...whereas this Bill of Sale totals £14,620.32:???: So I am asking myself this; Why is there a difference in the totals of £844.90? What have Cygnet added to my finance that they legally aren't allowed to put on the Bill of Sale.....hmmmmmmm This just gets worse on a daily basis!!!!! Thanks Cheapbangerplease PS S.A.R (SUBJECT ACCESS REQUEST) being sent off by hubby, via 1st Class Recorded Delivery in the next hour or so................here we go:)

Hi Chris. Thanks for replying to my thread. Right, here we go. The copy/scan of the credit agreement is the ORIGINAL one we received on the day we drove the car away, and is unsigned and undated by them. But hubby seems to remember us signing two of them and us getting the unsigned one....I can't remember...does that make a difference. We have since received another photocopy of our credit agreement (which I requested so I could send it into court when applying for the Time Out Order Application last year) which is, low and behold, both signed and dated....but alas has exactly the same details on it as ours. But, funnily enough when I was having a quick read through my paperwork last night, I had a quick look at our Bill of Sale (dated 16th) (photocopy), which is actually dated 3 days prior to the credit agreement (dated 19th) and has our signatures on it.....how can that be? Either we bought the car on the date of the credit agreement being the 19th or on the date of the Bill of Sale being the 16th! AND upon looking again I found that the Bill of Sale had been registered in the High Court (dated 18th) the day before we supposedly took out our credit agreement! I give up! We still have our car and are still making the monthly payments, but struggling like hell to make them and our circumstances are going to change in the next couple of months for the worst, ie, financially. I am really weary to enter into a s.78(1) (s.77(1) for a fixed sum) Consumer Credit Act 1974 request fight with them, as they are slippery little suckers and knowing them they would wriggle out of it, somehow. But, I'm going to send an S.A.R (SUBJECT ACCESS REQUEST) off today, via 1st class recorded delivery and templated for me by hellhathnofury....thanks hell:-D Also now with some of your draft added to it...thanks also to you:) I will also have to send a cheque as I don't have the cash to send a postal order for the next couple of days and I want to get the ball rolling Question; If the dates on the Credit Agreement and Bill of Sale don't match. Do I have a case to get my car finance quashed or whatever it is that it's called? I'm here primarily to hopefully, fingers crossed, get back the PPI I have already paid including interest, get the rest of the PPI that is still owing taken off my car finance, which will then drop my monthly payments again which I hopefully will be able to afford then. Anything else that happens in mine and hubbys favour is a bonus.....would love to have the whole flipping thing quashed and have Cygnet Finance out of my life FOR EVER!!!!! Thanks Cheapbangerplease PS I'm going to photograph the Bill of Sale and put it one here once I've deleted all personal info.