Me and Yes Car Credit

[Thailand]

I'm tired of wondering, I think I know the answer...but would like to know for sure. I may have had an answer to this of Bakedalaska on saynotoyes ages ago, but I can't quite remember, so here goes....

 

I bought a car from these people (if only I knew then what I know now) I got the treatment:

 

* £400 deposit simply added to price of car

* No prices on wall, car or otherwise

* Blagged in darkroom with no windows

* Sold the breakdown warranty and something else (turns out I only needed gap insurance after a non-fault incident)

* Car already stupendously overpriced even before the £400 was added (£4,250) with all the add ons at rate below

* Paid 29.9% (thankfully I held firm at their 'last' offer of 39.9% which at that time they couldn't improve on To think there was two offers before that!!

* I had a broken arm and told them I would attend on the premise that if I bought, I would need a lift home. They gave me the keys and said no way, Jose. Drove home with broken arm....

* I paid up early (about two years in, and the price was still more than what the car was worth when I bought it. Two years of paying £189 a month and then £3500 to clear HPI. It was a 3-4 year old 1.1 Saxo with zero frills (basic East Coast edt) ffs!

 

I know they are still collecting, but I think I can't do anything about it because they stopped trading. I loathe them...and Vanquis!

 

Anyone know for sure?

[buzby]

All their debts were secured by other firms (they were YCC's assets, after all). As far as I can tell the new firms are collecting and enforcing non-payment in much the same way as YCC did.

[Thailand]

Thanks Buzby.

 

I realise that, maybe I wasn't clear... could I claim? I seriously doubt it, but would like to know.

 

I suppose even if I could, I'd need to be sure of what there is to claim. The whole thing was mis-sold, but It'd be a nightmare claim even if I could. Paperwork for starters is disposed of.

 

Och, this will be added to the 'chalk it up to experience list' methinks.

[Thailand]

One more thing though, when they sold these debts...do you know if they take on any responsibilities due from predecessors liabilities? Confused..big time!

 

I suppose I could SAR hypothetically, but to whom and I doubt I'd receive what I have binned!

[buzby]

I would really doubt any firm would take on the 'toxic' element of YCC business - so any claim you have would be the responsibility of the administratiors, and if past experience is anything to go by, even if the claim was justified, there are preferential creditors so fat up the chain that any realistic prospect of auccess would be minimal, unless a third party can be brought in to share the blame, finance house, credit card co etc - that kind of thing.

[mangle101]

Thailand, send an SAR ( Registered Post ) to the address below, i am currently in the process of reclaiming mis-sold PPI & this is the address that i have been sending my correspondance to.

Direct Auto Financial Services Ltd,

Springfield House,

Springfield Road,

Horsham,

West Sussex.

[Thailand]

Just curious...did you get anywhere with that DSAR, mangle - only I'm to tight to part with a tenner. Especially in these circumstances.

[mangle101]

Just curious...did you get anywhere with that SAR, mangle - only I'm to tight to part with a tenner. Especially in these circumstances.

 

Yes, i received all details that i was expecting & they made me wait for the full 40 days!

 

Be warned though, they will dig their heels in when it comes to paying back any mis-sold PPI but, good luck!

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/231149-yes-car-credit-debt.html

 

direct any claims to the address mangle gave as they were apart of the group

[Thailand]

Thank you peeps.

 

Okay, so I was going to leave this alone as information is so light on the ground, seeing as I've already paid them which may, or may not, put me at a slight disadvantage since I've wholly accepted everything? These are the words of Stephensons (who won't touch it because I've paid them everything - and for that reason alone) But were very friendly (couldn't get them of the dog and bone!!).

 

They gave me all sorts of options and numbers to call and mentioned the CAB - well, no offence to the CAB, but I doubt they'll help...In any case I'm going for it alone.

 

It's possibly much more complicated though. Having put more thought into the dates, I am either fast approaching or have gone over 6 years since the account was terminated, albeit early. I have searched then searched some more and can find no scrap or trace of anything to do with this, so I got onto Barclays yesterday to let me know about payment dates, who were a stroppy load of mares who seemed to think because the Woolwich was bought out after that date they couldn't help. Wrong. I informed them to fax over my requests to the Woolwich department that I know exists. After side-stepping there next demand for £5 for a statement (I aint DSAR'in 'em - I only want one or two dates - and they will damn well furnish me with them!) they are ringing me back sometime today.

 

Firstly, I ain't bothering with any PPI, although I will demand it back in prelim and LBA - I aint bothered about the FSA regulation dates, just that I was in a position to possibly benefit from it (although I never would have bought it - and was totally threatened into buying it). If you think I'm nuts on that just say, lol, but bear in mind the bit coming up section 32 of LA '80.

 

I'm focusing on something I saw the other day which kinda shocked me, but came as no surprise. I knew they had whipped the deposit of me and added it to their value of the car, but assumed that would have been in the agreement as such (what did I care at the time - didn't even know what I was signing really - I left feeling I'd had the Stanley Kubrick treatment demonstrated in A Clockwork Orange!). Anyway, this is what I saw.... (letter 3 of 7)

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2555579.html

 

What an earth is that 'admin fee' of £300?...I'll bet that's the deposit sneaking it's way in so it doesn't actually form any part of the finance.

 

So, I'll be sending my DSAR tomorrow - which I've tweaked some having read about DAF to see if I have the same, because I feel better about claiming that - if indeed mine looks like that.

 

This is assuming that Yes Car Credit were just a trading style of DAF, and that they are liable to answer my claims.

 

Then I have to consider, if I'm still on track, about the possibilities of this claim being statute barred, and hence invoking Section 32 (concealment or mistake?). In any case I don't think it's vexatious and would have to look at the data on my DSAR which goes tomorrow.

 

Thanks Ida, I'll read that link now.

[Thailand]

XXXXXX

XXXXXX

XXXXXX

XXXXXX

XXXXXX

[email protected]

Direct Auto Financial Services Ltd

Previously T/A Yes Car Credit

Springfield House

Springfield Road

Horsham, West Sussex

RH12 2RG

10/11/09

Previous address at time of vehicle purchase

XXXXX

XXXXX

XXXXX

XXXXX

MXXXX

For the avoidance of doubt:

Vehicle Registration: XXXX XXX Citroen Saxo East Coast, purchased from Gorton branch.

Data Protection Act 1998 Subject Access Request

*Important* I require FULL DISCLOSURE of all data held on me. If this request for FULL DISCLOSURE is not possible for Direct Auto Financial Services then it must inform me that it has presented everything that it has to offer, in lieu of potential Court proceedings over mis-sold PPI & Administration charges etc.

 

 

Dear Sir/Madam

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate administration charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return, bearing in mind any unreasonable attempts to frustrate my gaining of this information, I shall not hesitate to inform the Information Commissioner. Any such information requests, or indeed any communications, could be dealt with by way of the email address provided and attachments used if required.

 

 

Yours faithfully,

 

 

 

Thai

• Sent by Special Delivery
  
• Enclosed: £10 cheque to cover maximum statutory fee
  
• Identification
  

 

Please let me know about any errors etc.

[mangle101]

I find it hard to believe what Stephensons are saying, surely if the PPI was mis-sold then it was mis-sold end of story, at the time i didn't know any better, it has only recently come to light with regards to the mis-selling of PPI ( I first heard of it back in February of this year ) & then when i looked back that was when the pressure selling, you can't have the finance unless you take out the insurances etc etc became apparent & with the amount of money they were making you could see why they were pushy!

 

Also, i am led to believe that there is no time limit on how far back you can claim back PPI ( Unlike the 6 years for bank charges ) if it was mis-sold then, it was mis-sold! I have recently 'won' a claim against a bank for PPI on loans dating back to 1999.

 

It looks like it may well be the court route, i am currently looking into certain avenues with regard to misrepresentation when a consumer is given false information by the seller that encourages them to enter a contract, beware Caroline Dixon i will wipe THAT smile off your smug face!

Edited November 9, 2009 by mangle101

[Thailand]

I find it hard to believe what Stephensons are saying, surely if the PPI was mis-sold then it was mis-sold end of story, at the time i didn't know any better, it has only recently come to light with regards to the mis-selling of PPI ( I first heard of it back in February of this year ) & then when i looked back that was when the pressure selling, you can't have the finance unless you take out the insurances etc etc became apparent & with the amount of money they were making you could see why they were pushy!

 

I told Stephensons I'd fully paid up & they said that they couldn't touch it as it could be viewed as acceptance of terms, that was that really (I was just curious about if I could throw it at them - but wasn't bothered about what they said). I fully agree it was mis-sold, I'd never have took it if they hadn't said I couldn't have the motor - the filthy swines!!! They (Stephensons) didn't say it wasn't mis-sold....just that they wouldn't touch it.

 

Also, i am led to believe that there is no time limit on how far back you can claim back PPI ( Unlike the 6 years for bank charges ) if it was mis-sold then, it was mis-sold! I have recently 'won' a claim against a bank for PPI on loans dating back to 1999.

 

Now that is good to hear! The time it takes to get my SAR back will be some time investigating that - though in my case they could argue they have naff all on their systems, and nor are they obliged to. However, I now suspect the termination date was around early 2004...so should just sneak in there with the info *hopes*. Nice one with the PPI claim going back to '99.

 

It looks like it may well be the court route, i am currently looking into certain avenues with regard to misrepresentation when a consumer is given false information by the seller that encourages them to enter a contract, beware Caroline Dixon i will wipe THAT smile off your smug face!

 

LOL, good luck with that - keep me informed!

 

Edit: That useless Bank never got back to me - good job I have a freephone number.

Edited November 9, 2009 by Thailand

[Thailand]

Jaysus, that was quick. I actually sent the SAR on the 12th, and they had it done by the 16th.

 

I've not really ingested much of this, but I'm posting up the relevant bits in the hope I get some feedback.

 

 

I don't suppose they should give a total figure here? PPI + car finance? Admin fee of £150 for what? half an hours staff time? This means sawd all to me anyway, but would like it if someone that understands these things can see any irregularities. Is that interest on PPI?

 

 

The dates don't match?

 

 

 

First sight of the actual balance that I never saw then. I don't understand all the changing figures...though I did miss a couple of months, I think, and double up.

 

I didn't think the settlement figure was so high, glad it was more than the car was worth when I bought it.

 

 

 

Empty proposal form for something I was paying for that I never wanted. Signed on page one though.

 

Any suggestions welcomed - anything, good or bad - beg beg, I'd love to screw 'em.

 

There was loads more thoughts I was going to add, but my peanut is addled. Only took 6 hours to work out how scan with a broken scan button, convert from tif to jpeg and all that goes with a PC that is crawling.

 

I've edited some bits out, though it's obvious who I am to them!

[mangle101]

As DAF were not regulated at the time of getting the vehicle ( 2003 ) they have been telling people 'tough' report us but you wont get anywhere! Now i have heard that it maybe possible to try & get the PPI back from the Insurance Underwriters ( In my case N.I.G ) they were regulated in 2001, not sure if this information is correct tho, will try to find out & will let you know.

[mangle101]

Have received a response back from NIG, basically saying that it was nothing to do with them so, go away. Spoke to FOS & they have said to send the PPI questionairre from their website to NIG ( as the Underwriter they had certain responsibilities as they were regulated ) they have 8 weeks to reply & if i am not happy with the response then i can go back to FOS & they will then investigate my complaint further.