Something to work in my favour then! I didnt hold out much hope with those loans as you said they had rejected yours. It should be easy enough for them to work out what we paid, we didn't borrow extra or pay off anymore than we had to, they know what percentage of the loan the monthly payment was so it should be straightforward I hope. It won't come to much I doubt but every little helps!

Well after a very long time with the FOS I am pleased to say that they have finally made a decision on the other 2 loans in our favour! They say that HFC will calculate what they owe us and it should take around 8 weeks before we should expect to hear from them. I really wasn't expecting that result as we couldn't provide them with all the statements they insisted on to prove we hadn't cancelled the PPI as it was added monthly rather than all upfront.

You would certainly need to be prepared to go to court.

The suspense is killing me. He rang, but obviously will only speak to my husband. I'm waiting for him to let me know the outcome hopefully soon. I'm so nervous,

Take a look at my thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?381105-Yes-Car-Credit-Direct-Auto-Finance-PPI-REclaim I wrote to their Bradford address at Direct Auto Finance Ltd, No 1 Godwin Street, Bradford, West Yorkshire BD1 2SU They do hold an awful lot of information on your account still. Mine was from 2002 but it was still 48 pages long and contained things I'd never even seen before.

I do hope so. I can't understand why they have changed at such a late stage though. We gave them until tomorrow to accept or refuse the settlement so perhaps that's why they've e-mailed the change across and want an urgent phone call. I wish they'd hurry up and get back to me...I'm nervous.....

Hmmm. That doesn't look like good news. Just had an e-mail from Irwin Mitchell. Apparently there has been a change of solicitor today from Ascent Legal to Irwin Mitchell and they want an urgent phone call. Am still awaiting a call back, but if they have changed solicitor it doesn't look like they are going to accept the offer of settlement. Why would they change solicitor at such a late stage?

Oh if only the judge could see just how many views this thread has had so far. Over 23,000! That would make him realise just how many people are interested in this company...

I've just had a little nose around for you and it seems that they were regulated by the FSA when you took out your agreement. They were registered for the sale of insurances I think from 14th Jan 2005 to 24th March 2006. Take a look at these links. Hope it will make it easier for you to claim if they haven't complied with the regulations. http://www.fsa.gov.uk/register/firmRefSearch.do http://www.yescarcredit.ws/

Don't give up though. It's worth pursuing them, it's just not going to be easy.

No probs dx. I'll help wherever I can.

Thanks. Any questions feel free to ask.

It is. Good luck. They will probably take every day of those 40 days as they did with me.

You will need to send a SAR request and a £10 cheque or postal order. They should then send all the paperwork that they have for your account. Mine included a 3 page statement of all the payments made on my account. They usually send it out on a password protected CD. If you look on here you should find a template with the wording you need. They have 40 days to comply with your request.

Thank you

Should this be treated as a Part 36 offer and headed as such? Or is this not applicable in the Small Claims Court?

Thanks. I am well aware that this is our last chance so I really want to get it right. Our pack of evidence is huge, purely because we need to show that they lied about the insurances by making us think we had to have them. As it is a kind of 'he said, she said' kind of thing we need some way to show that we didn't know. I hope we have managed to do that by providing everything that we have-and nothing shows them as optional at all. As for the reasonable diligence bit, that's a lot harder, but we can only state that as the facts were deliberately concealed from us we had no way of knowing that we were being lied to. Yes, there was information around at the time, but you had to know where to look. It wasn't a big scandal in the papers or on tv. You could only look for it if you knew what to look for in the first place. To do that you had to be aware that you were mis-sold in the first place. We've also spent time explaining everything that we remember about the day to prove to the judge that it is possible to remember something that happened all those years ago. Oh well, nothing I can do now apart from sort this letter out. I will leave them to make their decision up until the day before the hearing and no later. Thanks for your help.

Now everything is ready to send I am having a major panic this morning. I have convinced myself that everything is hopeless, that the judge will turn round and be really annoyed because we haven't proved what he asked us to; I'm not sleeping properly as it wakes me up in the night. I really need some reassurance. I take some kind of hope from the fact that the judge didn't just dismiss the whole thing last time and the fact that he has allowed 2 hours this time. Surely that must mean he thinks we have some kind of case or why allow that long? One thing I really need to know is about the Skeleton argument that has to be filed next month. What do they mean by 'with copies of any relevant Statutory Material and authorities'? Oh and by the way - if anybody from DAFS should be checking up on this thread-you might be wearing me down but we're not beaten yet. We'll be at Court and ready to fight our corner no matter what. It's our last chance so we'll throw everything at you that we have and show how much you have lied.

Oh well, a 7 page witness statement and 73 pages of 'evidence' later I'm ready to send stuff to the court. I've tried to show by everything that I've sent them how DAFS have lied all along - and lied so well that we couldn't have known we had been mis-sold. I've sent everything we had to show that we weren't told the insurances were optional and that as they had concealed the facts from us so well we couldn't have known any earlier than we did. I really hope that the Judge sees how much they lied to us. I've tried to point out all the things that made it so easy to remember the day, as he did say that he found it hard to believe that we could remember it so well. Believe me, the things we remember about that day are entirely because of certain things that happened. It makes it pretty easy to remember almost everything about it. I have checked, double checked and triple checked and I cannot see one single thing on the paperwork we have that mentions these insurances being optional.

A Claims company won't touch this one I'm afraid. It's too old and not easy enough for them.

Well the next hearing is going to be on the 20th February, so I suppose the quicker we do it the better then.

Just a quickie. If I am going to try for a settlement when should I get the letter to them by and how long should I give them to decide on whether to accept it?

The address is the Bradford one that I have on my thread and not Horsham.

Oh sometimes I wish we'd never started this. I never realised it was going to be this difficult:-( It's the reasonable diligence bit that is going to be really difficult, though we can prove that there is nothing at all in the information that stated these insurances were optional, so it proves that they were lying about what they have included in their defence. I don't understand how we can be expected to have known that we were mis-sold these insurances before all the scandal of mis-selling came about in the first place. If the sales person concealed the facts from us then how could we have known that we had been lied to, let alone been expected to find out? Surely the judge must think we have something to work with or he would have just struck out the case at the hearing last time. He's allocated 2 hours for the next hearing rather than the usual 45 minutes, so I'm expecting to have a lot to thrash out this time round.

Check out my thread on here, it will give you all the help that you need. You may find it a bit easier as you only purchased your car in 2005 and probably won't get caught in all the hassle of the Limitations Act like I have. With any luck they will have been regulated then, which may make it easier for you. They will make it hard for you though, so stick at it.