direct auto financial/hillesden securities

[lmerrikin8]

i my name is lisa and i'm really soory to ask but i can't seem to see were i'm to post this

Here is my problem Me and my husband got a car with them inAug 2005 we was paying 219.30 a month to them!

Wel in april 2007 we decided to hand the car back to them because we was sick of all the problem we have had with the car and we wanted a different car so we rang DAF and wrote to them and we was told we didnt own them penny after what the car got at acution, so we was fine by that untill 1st feb we got a letter off them, well shall i say Hillesden Securities Saying we owned them £2339.08 so i rang them and said i didn't own them a single penny and they was like you do own us it's the PPI you own!

So i sent a letter off asking for a CCA which i got back and in the small print it say if i have paid £4505.33 i didnt own them a penny so i rang them back and told them this and the women on the women was very nice to me and she said her self she didnt understand it because on the SOA it show i have paid £5225.60 which is more then the half way mark so she said she would put the account on hold till DAF had got to them saying why i owned them this money.

well i rang them today and the person i spoke to was so nasty to me saying she had the contact in front of her and because we handed the car back at 22months we had broken the contact so it didnt matter if we had paid more then the half way mark we hadnt waited till the half way mark which was 24months so as we handed the car back at 22months we had broke the contact! the half way mark for the car is £3275.30 and the half way mark for the PPI is £1230.63 which comes to £4505.33.When we got the car we was told if we didnt take the PPI we couldnt have the car and at that point we needed the car so we had to take it, i know now that we didnt have to take it! but it's to late now! Also the women on the phone said to day if i could pay £1800 she would close the account down because she didnt want to put a county court jugment agaist my name or have to make me go to court! so she has gave me to friday 13th march to get £1800 together! i really don't know what to do, my husband is away on tour for the next 6months and im on my own with to young kids one 3years old and tamara 5months i dont want baillift turning up at my door! i have showen my friend the contact and she has said it's in black and white i dont own them a penny but they won't listen to it! if anyone can please give some advice about this id be so happy!

Edited March 11, 2009 by lmerrikin8

[debt4get]

there is a website that deals exclusively with daf and the problems associated with being told that you cannot have the car without the ppi

I dont have the website to hand but if you google yes car credit it should pop up I must admit they were extremely helpful to myself resulting in the dca caving in and admitting that I didnt owe anything

also there are many admirable people here who will only be two happy to help out, the first thing to do is not too panic, there is a way of defending these claims for unwanted ppi and remember there were thousands of people who were conned by daf into buying this useless insurance which wasnt actually even fit for purpose if I remember correctly

[sosumi]

i my name is lisa and i'm really soory to ask but i can't seem to see were i'm to post this

Here is my problem Me and my husband got a car with them inAug 2005 we was paying 219.30 a month to them!

Wel in april 2007 we decided to hand the car back to them because we was sick of all the problem we have had with the car and we wanted a different car so we rang DAF and wrote to them and we was told we didnt own them penny after what the car got at acution, so we was fine by that untill 1st feb we got a letter off them, well shall i say Hillesden Securities Saying we owned them £2339.08 so i rang them and said i didn't own them a single penny and they was like you do own us it's the PPI you own!

So i sent a letter off asking for a CCA which i got back and in the small print it say if i have paid £4505.33 i didnt own them a penny so i rang them back and told them this and the women on the women was very nice to me and she said her self she didnt understand it because on the SOA it show i have paid £5225.60 which is more then the half way mark so she said she would put the account on hold till DAF had got to them saying why i owned them this money.

well i rang them today and the person i spoke to was so nasty to me saying she had the contact in front of her and because we handed the car back at 22months we had broken the contact so it didnt matter if we had paid more then the half way mark we hadnt waited till the half way mark which was 24months so as we handed the car back at 22months we had broke the contact! the half way mark for the car is £3275.30 and the half way mark for the PPI is £1230.63 which comes to £4505.33.When we got the car we was told if we didnt take the PPI we couldnt have the car and at that point we needed the car so we had to take it, i know now that we didnt have to take it! but it's to late now! Also the women on the phone said to day if i could pay £1800 she would close the account down because she didnt want to put a county court jugment agaist my name or have to make me go to court! so she has gave me to friday 13th march to get £1800 together! i really don't know what to do, my husband is away on tour for the next 6months and im on my own with to young kids one 3years old and tamara 5months i dont want baillift turning up at my door! i have showen my friend the contact and she has said it's in black and white i dont own them a penny but they won't listen to it! if anyone can please give some advice about this id be so happy! my email address is [email protected]

Hi Lisa

debt4get is right, you'll get lots of help. Main thing is, don't speak to them on the phone again. Everything must be in writing only.

[debt4get]

www.saynotoyes.co.uk

this is the name of the group that are fighting to get everyones money back from this con of missold ppi and defending any actions from dca's they are well worth a visit

[fuzzybobble]

Hi Lisa.

 

First, don't post your email address. Not a good idea . You can edit your post and delete it by using the edit button at the bottom right of your post.

 

From what I know about HP agreements, I think you can hand the car back without penalty once you have paid 1/3rd of the amount.

 

If they're chasing you for PPI, I don't think they can charge you for the full amount, as you no longer have the car to be paying PPI on.

 

Also it's likely you can reclaim the PPI as missold, as long as you haven't actually claimed on it.

If they told you, you couldn't have the car without it, then they missold it to you. And with a bit of effort and help from CAG members, you should be able to get the PPI refunded in full.

 

Don't worry about a CCJ at this stage. They have to take you to court to get one of those. Also a bailiff only comes into the situation once you have a CCJ and default on the payments on that.

 

Follow the advice that people on here give you.

You've come to the right place, as Consumer Action Group members have a lot of experience of things like this, and we'll help you through every step of the way.

[debt4get]

May 13th 2008

 

CONSUMERS SAY NO TO YES CAR CREDIT

 

Consumers could be saying ‘no’ to credit agreements thanks to a leading North West law firm.

Stephensons Solicitors LLP has just successfully reached an out of court settlement for its client whose home was at risk, after a financing company which bought some of the debts of Yes Car Credit, took them to court to recover a car loan.

Mr and Mrs Griffiths-Peet from Ashton-in-Makerfield, Greater Manchester, had taken out a credit agreement with Yes Car Credit to finance the purchase of a new car, a Rover, in 2003. The couple’s debt was taken on by MIM Servicing LLC, who then sought to reclaim the remaining £6,174.52 by obtaining a county court judgment against them. This judgment was secured on their home, meaning it could be at risk of repossession.

However, at the time of taking out the finance, the Griffiths-Peets also took out payment protection insurance. They were told this was not optional, and this should have been added to their bill as a separate charge for credit. However, in the Yes Car Credit agreement, it was not. This meant the credit was mis-stated and the agreement was irredeemably unenforceable.

Andrew Leakey, managing partner of Stephensons consumer department, said: “There were discrepancies with Mr and Mrs Griffiths-Peet’s agreement which meant it was ultimately unenforceable and we’re pleased to say the loan has now been written off, with MIM Servicing paying our clients’ legal fees. Most importantly, a family’s home has been saved.

“This is unfortunately just the tip of the iceberg. There are potentially hundreds of people out there who have taken out car credit agreements which could be unenforceable. This case could pave the way for hundreds of people who are struggling to keep up with repayments on credit agreements, to find a way out, if their contract is deemed unenforceable.”

Stephensons offers a free initial consultation, up to 30 minutes, to check through credit agreements and assess the potential of successfully challenging them.

Andrew added: “There are various funding options open to people who wish to challenge their credit agreements, including legal aid in certain circumstances, or based on the prospects of winning the case we may be able to offer a no win, no fee option.”

 

this was taken from a case involving yes car credit now known as direct auto finance, I would write back to daf informing them that you believe the cca on which the credit had been advanced has already in court been shown to be unenforceable due to misselling of the ppi, I would quote the above case and inform them you have no intention of paying them and are going to start proceedings to reclaim all monies already paid in to their so-called ppi

[debt4get]

[Your address]

The Complaints Department

[Lender’s address]

[Date]

 

Dear Sir/Madam,

 

Ref – policy number

 

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid.

 

I took out a £xxx loan/credit card at your [branch name] branch on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is …] The total amount of my premiums plus interest is £ xxxx.

 

When I took out the loan, I was told that my application would be refused if I did not also buy a PPI policy. The Financial Services Authority’s advice to consumers is that, while it does not breach FSA guidelines, a borrower should not be refused a loan if they choose not to buy an insurance policy.

 

Possible additional paragraphs – include any which apply to you

 

[i also told your salesperson that I had adequate insurance cover through a separate income protection policy.]

 

[i said I did not need the PPI as my employer provides a generous illness and redundancy package.]

 

[You are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in the quoted interest rate, which you did not do.]

 

[in forcing me to buy this policy, you have also breached paragraph 8.6 of the Banking Code, to which you are a signatory.]

 

I do not believe being forced to buy this policy as part of the loan was a fair and reasonable obligation as I did not need this insurance and said at the time of taking the loan that I did not want it.

 

I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx].

 

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman.

 

Yours faithfully,

you could try sending this amend as needed