Jump to content

 

BankFodder BankFodder

smel24

Registered Users

Change your profile picture
  • Content Count

    173
  • Joined

  • Last visited

  • Zodiac

    Capricorn

Community Reputation

24 Excellent

About smel24

  • Rank
    Basic Account Holder
  1. I have drafted my initial letter for the PPI claim but this is assuming I go for the total PPI amount and not take off what we didn't pay through settlement (see comment above). I should probably make it clear that Go Debt who bought the debt from Direct Auto Finance settled for the reduced amount. It was not a direct settlement with DAF who as we know are the ones we claim from. Okay, here's my draft letter, comments welcome: Agreement Reference: Dear Sir/Madam, Our Request We believe we have been mis-sold a payment protection insurance policy and would like to request a full refund of the premiums, plus interest, plus 8% statutory interest, the amount a court would award. We took out a £xxxx loan (total payable) at the Yes Car Credit Chertsey Branch on (date) and also bought additional optional insurances including Payment Protection (PPI) at £xxxx, Mechanical Breakdown Insurance at £xxx and GAP Insurance at £xxx. Interest on this at £xxxx plus 8% statutory interest at £xxx. The total amount of the premiums plus interest and statutory interest (total amount payable) is £xxxx. We purchased the above policy from you but now believe that we were mis-sold this policy for the following reasons: The additional Insurances were made a condition of obtaining the loan. We were not told that we could purchase any Insurances from another company that would suitably cover the loan. The Terms and Conditions and the additional cost of the Insurances were not fully explained and we were not offered the chance to read them through before being asked to sign. The fact that we were not given the correct information when the policy was sold to us; your saleswoman stated specifically that taking out the policy was essential for us to get the associated credit even though we had said that we did not want insurance cover. The saleswoman was pushy so much as completing the contract for us whilst explaining that the PPI was essential implying that not all PPI covers were optional. We were not given a chance to discuss the essential PPI and were rushed through to sign the contract. Because the saleswoman stated that the Insurance cover was essential we were led to believe that we must take out the PPI in order to get the credit for the car and therefore signed the contract based on false information provided to us. We also believe that the saleswoman had no financial background and was not selling the PPI in our best interests as she did not explain thoroughly the details or even benefits of the PPI. It was purely discussed to state that the cover was essential to us getting the credit. We do not believe being forced to buy this policy as part of the loan was a fair and reasonable obligation as we did not need this insurance and said at the time of taking the loan that we did not want it. We signed the contract under false pretences having been given incorrect and incomplete information. We are now requesting the total refund of £xxxx as we have recently been advised that this was mis-selling cover to us. Having been told by your saleswoman that it was essential we had no other reason to believe that this was not true. If we do not receive a favourable response or satisfactory justification of the stated selling behavior from you within 14 days we will pursue this claim through the Small Claims Court. Yours sincerely
  2. Hi all, For whatever reason I can't remember I stopped pursuing GoDebt/Direct Auto Finance but now am pursuing this again and am in a much better situation to do so. The loan is now paid off - we settled with GoDebt for a reduced sum of the remaining of the loan having had the car taken from us a few years ago. I'm pretty sure the PPI was still payable despite the car being taken but as we settled the account with a greatly reduced amount I'm not sure where we stand on getting a refund back for the PPI. The total comes to over £3.5k (with all insurances and interest etc.) so do I claim this or deduct the amount we were spared by settled with a reduced amount? I have sent of a SAR and CA today although I have every piece of paperwork anyway. Help on amount to claim would be greatly appreciated!
  3. Oh right, thanks for the advice. I'll restart the DD and re-work the letter to mention ongoing payments.
  4. Many thanks Hellhasnofury, your addidtions to the letter are brilliant and I will amend my letter accordingly. I didn't add the request for the credit agreement because I have our original copies - should I still ask to make them work a little harder? I'm glad you agree with the bit in the letter that we shouldn't be making payments while it's in dispute - we told them we were disputing it and they were very threatening towards us. I will post this tomorrow, first thing - unless anyone else has any comments?
  5. Hi Doo, Long time no post, did you or anyone ever get anywhere with Next? I am re-starting my claim and think I can go straight to the courts for the removal of default given the amount of correspondence last year. Smel
  6. Hi again, I have writen my first letter to Go Debt - can someone give me any feedback? I have highlighted in red parts that are specific to our claim that may need checking. Notice how I have included all Premium Insurances in the letter not just PPI as explained in my first thread. Go Debt Limited The Complaints Department Dumfries House Dumfries Place Cardiff CF10 3ZF 23 February 2008 Dear Sir/Madam, Your Ref: ***** Our Ref: **** We believe we have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid up to date. We took out a £**** loan (total payable) at the Yes Car Credit Chertsey Branch on 00.00.03 and also bought additional optional insurances including Payment Protection (PPI) which would cost me an extra £****, reduced by a down payment of £*** to £**** over the life of the loan. The name of the salesperson who sold me the policy is ____ _____. The total amount of my premiums plus the down payment plus interest (total amount payable) is £****. We purchased the above policy from you but now believe that we were mis-sold this policy for the following reasons: The additional Insurances were made a condition of obtaining the loan. We were not told that we could purchase any Insurances from another company that would suitably cover the loan. The Terms and Conditions and the additional cost of the Insurances were not fully explained and we were not offered the chance to read them through before being asked to sign. In addition, your company – Go Debt Limited - has been aggressive towards us making the remaining PPI repayments despite money we believe being owed to us (the amount of loan for the car has been paid). We have been threatened with Bankruptcy over the telephone and only more recently by letters. We stopped loan payments in December 2007 when we calculated that we had overpaid on the loan. We will not resume these payments whilst this account matter is in dispute. Whilst the total loan has not been fully paid, we have calculated that we have paid over the due amount for the loan of the car. Therefore we are requesting a full refund of all insurance payments to date and the cancellation of the remaining loan amount. As we believe we have been deprived of this money we also expect 8% statutory interest, the amount a court would award, to be added to each payment made. The total PPI payments made plus statutory interest total £***. If we do not receive a favourable response from you within eight weeks I will pursue this claim through the Financial Ombudsman and/or the Small Claims Court. Yours sincerely Feedback please, I'd love to post this off on Monday morning as they are threatening action against us. Smel
  7. Hi there, I have been successful on reclaiming bank charges and getting Defaults taken off accounts but PPI is a whole new ball game and I need some help. Me and my partner bought a car through Yes Car Credit (YCC) - or Direct Auto Finance - in 2003. We were certainly forced into buying PPI, I know this because I clearly remember saying I didn't want it and the woman told us to get the loan we had to get the PPI. In 2004 the car was taken from our doorstep without even a knock because we had fallen behind in the crippling payments. Ever since we have been making reduced payments. Until December 2007. I cancelled the DD for these payments because I worked out that we have paid for the car loan and were paying off the PPI and I had decided to pursue this claim. We are now receiving threatening and agressive letters and calls from Go Debt (who took over the debt back when the car was taken) regarding the cancellation of the DD despite us telling them we were disputing the remainder owed. I believe - like other debts - that if an amount is in dispute the regular payments may be held. I did this with Capital One and Npower during disputes. Now I need to get the ball rolling on this claim but I want one section of the loan cleared up. The PPI loan was a monthly paid premium at 28.6APR over 48 months. However, the Additional Optional Non Cancellable Insurances (as they put it) includes PPI, Mechanical Breakdown Insurance and GAP Insurance (whatever that is). So, do I claim back all three Insurances or just the PPI? I need to know this to work out the amount owed. In addition I'm not seeing many successes here regarding car loans - are there any? Smel (good to be back)
  8. Well done deemacperth, I am about to embark on a similar journey with YCC, am still paying off the PPI (no longer have the car) which was mis-sold to me in 2003! I will follow your success to try and win my money back too.
  9. That's really helpful (rep clicked!) are you able to post the letter templates you used for the ICO and MOTA? Very grateful
  10. Hi Yasmin, Wow you have got far! Thanks for all that info, if you have a thread I'll subscribe and I think I will follow in your footsteps. So Trading Standards didn't suggest going through the court then? Has anyone done this?
  11. Hi Seahorse, Thanks for your comments, I'm very confused. Can you tell me where it says that exactly? I have been deflated by what the Consumer Direct guy told me. I don't know where to go from here. Callcredit and Experian have both said that Next are leaving it there despite me telling them there was no signed agreement and that the copy of their default shows the dates gave me no time to repsond before they issued the default! I'm concerned of taking it to court because I actually don't know my facts on this anymore. Any help?? This is the last default on my account so I really want to get rid of it.
  12. Wow it's been a long journey but we've almost WON! Cobbetts called my boyfriend yesterday enquiring about the hearing and whether he was going, of course the answer was yes. They said they were prepared to settle and would send the cheque then, they asked would he pull the claim to which he pointed out there was also a default on the account and part of the claim. Cobbetts then said they had already applied to have this taken off (very efficient of them) so he agreed to pull the claim once he'd received the cheque and a letter in writing confirming the default was to be gone. What's weird is the hearing was meant to be this coming Tuesday and my friend had her hearing with Lloyds the same day but one hour before and had received a refund from them direct to her bank with no letter mentioning it (I said carry on with the claim - he he:p ) and now Natwest have buckled before the hearing too! I thought it was strange that they called but maybe they thought a letter wouldn't get to boyf in time? Anyway, waiting on the letter, default and cheque and I'll be booking a holiday! Many thanks to all who have supported and given advice, Natwest have really left it to the last minute on this one...of course I won't celebrate until I see the cheque but for now I can see the end!
  13. Well we've finally got a date for the prelim hearing! It's next week so quite soon, anyone else on here going? I know it's done in a group with other similar cases so at least we won't be there on our own but how is it all done? Can someone tell me what happens at a prelim and should I take all of the case documentation? Will Natwest turn up, or have they ever in the past? Sorry lots of questions but I've always settled before this point! Thanks for any help
×
×
  • Create New...