Yes Car Credit...help needed

[pez70]

HI, I would appreciate some advice re. yes car credit ...I bought a car at the end of 0ct 04 and despite voluntary termination around May 2007 I am still being chased for £1400 in insurance charges / premiums from various DCA's ......I have been reading the many threads relating to this (but admit to being a bit overwhelmed at all the advice, a bit of a dizzy bird!) So, I sent off the CCA request only to get it back today....and fairly illegible.... I had planned to send a subject access request to Direct Auto Finance given there was 'no option' in terms of the sale of PPI however, the letter from the latest DCA states that it was 'assigned' to them by Direct Auto Financial Services and now i'm not sure whether to send it to the DCA

 

Frm what i can read the PPI was £1580.55, mechanical breakdown £650.00 and Gap insurance £350.00 = 2580.55 minus the £400 'down payment' from my old car (despite being told my car was worth £1,000)...they then added a further insurance 'charge' of 1,354.65 (what was I thinking of!!!)

 

the monthly payment was 238.76 (made up of 165.11 for the cost of the 'car' and 73.65 for the insurances) I had made 32 payments before Voluntary termination (paying £5283.52 in terms of the 'car' with termination rights to return it after paying £3952.64)...i could post the CCA up but it so hard to read it might not be helpful.....

 

I was also sent a form detailing direct debit payments and 'write off capital' which details a balance at sale of 1,473.....i'm sure I paid wee bits of this off at £50 a go but i didn't keep records of this and any further payments were not listed...again i could post this up..at least its legible!!

 

Any help with this would be appreciated.....if it's a case of reclaiming PPI do I reclaim it via the DCA or direct auto finance?

 

Many thanks....sorry it's so long winded ! :-?

[debt4get]

DAF have now gone to the wall so you would have to claim via the dca..or whoever is chasing you for the money now...are you paying a dca any money at the moment? or do you just want the dca off your back?

[pez70]

debt4get

 

thanks for your reply......you got it in a nutshell......i just want them off my back!

[debt4get]

right the agreement you signed with daf is absolutely unenforceable in law...so we can either send them a letter telling them this is so and you are not and will not be parting with any more of your hard earned money...or you can put in a claim for ppi against them...the letter detailing the agreement is naff i can help with..the ppi i am afraid will have to be left to someone else...your call let me know if you want naff off letter or going ppi route

[pez70]

I should have also said i am not currently paying any DCA...things had gone quiet for 12 months or so....then got a letter end Feb asking for payment

[pez70]

the naff off letter would be fab......thankyou....

[debt4get]

will post as soon as possible give me 5 minutes

[timelordxr]

hi i got a car through ucan car credit based in carcraft newport. sold a 3 yr warranty totally useless nothing covered, have surrendered the car as i paid more than half total payment told i will have nothing else to pay.. waiting for a you still owe us x amount letter..

[debt4get]

dca

Xx

Xx

Date

Agreement number

Dear sir/madam

I do not acknowledge any debt to your company

after having my agreement from DAF looked at I can now confirm the following

 

 

 

 

.

 

I will point out in plain English so even a juvenile can understand.

 

I HAVE NO INTENTION OF MAKING ANY PAYMENT ON THIS ACCOUNT. I REQUIRE XXXXXXX TO EITHER CLOSE DOWN THIS ACCOUNT OR ISSUE AN N1 county court claim

 

I will now explain why the agreement is unenforceable, might I also suggest yourselves running it past a solicitor qualified in the consumer credit act and regulations.

 

When the agreement was taken out, I was informed that I had to take out payment protection insurance to cover the creditor if I was unable to make repayments.

 

Now this constitutes a charge for credit as it has been included in the amount of credit.

 

As the amount of credit has been misstated, the agreement cannot be enforced, as the amount of credit is a prescribed term, a court is prohibited from enforcing the agreement.

 

For clarity may I suggest you study s.127 (3) of the consumer credit act 1974?

 

The agreement in the way it is laid out falls well short on a compliant agreement.

 

For your reference the payment protection insurance needs to be included in total charge for credit and not the amount of credit

.

As the agreement is in two parts, the conditional sale and credit agreement, as they have been linked, the true cost of the vehicle has been overstated. This puts the debtor at a disadvantage should he/she wish to do a voluntary termination on the vehicle.

 

I now draw your attention again to the meaning of amount of credit.

 

This is the difference between the cash price of the vehicle and any advance deposit.

 

Might I suggest you look at s.9 (4) of the consumer credit act 1974 for clarity?

 

Now as the price of the deposit was added to the insurance and not the credit agreement (car)

 

The cost of finance to the debtor has increased in the conditional sale agreement (car finance)

 

I WILL NOW EXPLAIN IN CRYSTAL CLEAR ENGLISH

 

1/ ANY DEPOSIT HAS BEEN ADDED TO THE CREDIT AGREEMENT/INSURANCE AND NOT FOR WHAT IT WAS INTENDED FOR.

THAT WOULD BE THE CONDITIONAL SALE PART OF THE AGREEMENT

 

2/ THE DEPOSIT HAS BEEN ADDED TO THE AMOUNT OF CREDIT ON THE INSURANCE

 

3/ BY DOING THIS, THE TOTAL FIGURE REPAYABLE ON THE CONDITIONAL SALE AGREEMENT HAS BEEN MISSTATED, PUTING THE DEBTOR AT A DISADVANTAGE IF HE/SHE WISHES TO DO A VOLUNTRY TERMINATION.

 

IN SIMPLE SPEAK

 

THE TOTAL CHARGE FOR CREDIT AND AMOUNT OF CREDIT HAS BEEN MISSTATED.

 

May I suggest looking at s.90 of the consumer credit act on termination and payments of a third?

 

THIS ALSO IS PREJUDICIAL IN THE ANUAL PERCENTAGE RATE WHICH TO WILL BE MISSTATED AND BEING A PERSCRIBED TERM, MAKES THE AGREEMENT UNENFORCEABLE.

 

Please do not insult my intelligenceby stating its In the terms and conditions which I signed and agreed to. That is unless you consider a contractual agreement is binding and the consumer credit act is not.

 

 

I require a final response as to either issue an n1 claim or allow me to enter a defence or close down this account.

 

 

yours faithfully

xxxxx

 

 

(my thanks to postgjj for bulk of letter)

Edited March 15, 2010 by debt4get

[pez70]

HI debt4get,

 

thanks for this....I have to say that I took out the wee bits that were a bit cheeky cause I am a scaredy cat....tho on the other hand i've been at the receiving end of their tactics i.e. AIC so maybe I shouldn't worry about being polite lol

 

I've learned the hard way not to speak to them on the phone....have been able to use letter templates for telephone harrassement and door step calls etc and appreciate it so much

 

so....thanks for your help....i might be able to sort this out once and for all xx

[RiQ123]

Which DCA are you dealing with?

[debt4get]

best of luck with it..as riq says which dca is it...cos with most of these we have been dealing with godebt....as they were the ones who bought up the agreements...would be interested to know if any other dca is involved

[pez70]

Hi Debt4get / Riq

 

It's Ruthbridge ltd....was originally HIllesden (or is it the same thing...i have realised some dca's have more than one name.....x

[debt4get]

i thought hillesden were tired of getting their fingers burnt on these agreements...no worries send letter chances are you will hear account closed did you leave in issue an n1 claim or close account? sentence

[pez70]

yep....i left in the sentence about the N1 form or close account.....so fingers crossed x

[debt4get]

good i think it has got to the stage where they either put up or shut up...i think you will find they will shut up...they have yet to win in court with one of these agreements from ycc

[paul-j]

hi Pez70 / debt4get im in a similar position .

 

if you get no luck with the above really helpful post big up, to debt4get, for the wicked mass letter.

 

there is a company out there there deal with and specialize in sorting out the yes car , morons and there DCA'S

i have only recently found them.

i tried to post the details , but the forum wont let me , the solicitors are Stephenson's based around wigan , and the north east and midlands

they do Have a website but due to commercial rules on this forum i cant post the direct weblink.

do a yell.com search you can very easily locate them.

i informed DLC of the above acting company they have backed right off , they not to mess with them.

 

if you are like me and was told that the ppi / gap / where compulsory in order to secure the car , then the whole debt is unenforceable., this is the route that the solicitors pursued. and have won all there cases so far. but only time will tell , as each case is different.

 

 

good luck

[debt4get]

yeah know about stephensons..and as you say they have been very useful in dealing with ycc agreements...we have actually been using the same arguments that they use in order to quash these agreements..most people who had dealings with yes are finding themselves with debt collectors if they returned the car early....even after being told that they could...nearly everyone was told that the ppi gap had to be taken...however, what they did was take the deposit and use it against the insurances...this is a big no no..as it becomes a separate charge for credit and makes the agreement unenforceable....was most dissappointed to find a judge yesterday walking all over that

[paul-j]

yes this is what they have done to me, taken the deposit and used against the insurances.

 

My car was a proper shed , nothing but trouble with it dumped back at there eltham branch London, November 2005, it turned out to be an accident repaired car.after the ,varoius checks where done.

[timelordxr]

car has been resold by yes car credit and they are still sending threatning letters that there is still 1400 quid outstanding that i am still liable for this amount.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

[debt4get]

ignore the idiots...threatening letters are meaningless, they are just made to intimidate you..dont fall for it

[kizzy1]

I bought a car in 2005 and have been paying £273 for 4 years, in 2009 I had paid over half of the money back and began to have problems paying it. One afternoon 2 men turned up with a letter stating they were seizing my car for none payment. I was devastated, one of the men spoke to Direct Auto, then I spoke to them and they insisted they would be taking the car. I was on my own and didn't know what to do, the men to the car, I got all the paper work out and sat and read through it and found a section that stated they couldn't take my car as I had paid over half the amount and they would have to get a court order, By this time my 3 children were upset as I was. I got on the phone and asked why this had happened they said because I had got behind with payments, so when i quoted what it said on the paper work, they were back pedaling and trying to turn things round, I told them that if my car was not back outside my house with in 2 hours that I would be ringing the Police and report my car stolen. My car was back within 2 hours with all the wheel trims taken off and in the boot, less diesel in it. For a £5000 car it has cost me £11.000 and I still owe £2000 which they keep hounding me for saying I have breached the agreement. The £3000 mechanical insurance was not worth the paper it was written on, the pully system for all the belts went about 6months after getting the car but on contacting re the mechanical insurance I was told it was not covered due to wear and tear. In the first 2 years I spent over £1000 with a garage I know. so I don't see why I should pay them £2000 after every thing that has gone on.

[debt4get]

I bought a car in 2005 and have been paying £273 for 4 years, in 2009 I had paid over half of the money back and began to have problems paying it. One afternoon 2 men turned up with a letter stating they were seizing my car for none payment. I was devastated, one of the men spoke to Direct Auto, then I spoke to them and they insisted they would be taking the car. I was on my own and didn't know what to do, the men to the car, I got all the paper work out and sat and read through it and found a section that stated they couldn't take my car as I had paid over half the amount and they would have to get a court order, By this time my 3 children were upset as I was. I got on the phone and asked why this had happened they said because I had got behind with payments, so when i quoted what it said on the paper work, they were back pedaling and trying to turn things round, I told them that if my car was not back outside my house with in 2 hours that I would be ringing the Police and report my car stolen. My car was back within 2 hours with all the wheel trims taken off and in the boot, less diesel in it. For a £5000 car it has cost me £11.000 and I still owe £2000 which they keep hounding me for saying I have breached the agreement. The £3000 mechanical insurance was not worth the paper it was written on, the pully system for all the belts went about 6months after getting the car but on contacting re the mechanical insurance I was told it was not covered due to wear and tear. In the first 2 years I spent over £1000 with a garage I know. so I don't see why I should pay them £2000 after every thing that has gone on.

right first off welcome to the forum and sorry to hear of your troubles....are you still paying and if so whom?....also i would like to see copy of the agreement if that is possible...you will have to remove any identifying info though before posting...were you told that you had to have the er hmm 'voluntary' insurances?...

[kizzy1]

Hi there I am not paying anyone at the moment as I refuse to, I know this may be a funny question as these forums are very new to me but how do I send you the details you need. I was very surprised to see so may people who have had problems with this company. How can this company sleep at night knowing they are praying with peoples lives. I would like to say thank you for reading what i have gone through

[debt4get]

best way is to upload your documents to somewhere like photobucket, then delete all identifing info and cut and paste the link they give you..it is fairly easy to do...

who is actually chasing you for the money?