Forthright finance creditcare PPI advice please

[mg_phil]

HI

Need some advice please

 

In 2000 i purchased a car from direct car finance which unfortunately had to be repossessed within 3 mths due to my financial mess at the time.

 

I was left with a balance of about £3500 that i was paying off with token payments of £10mth until 2008 when i found this site.

 

I CCA'ed Apex who where managing the account at the time,

they promptly went away and all communication stopped until recently when i got a letter from DLC

saying Hillsdens had bought the debt and they wanted paying.

 

cca them and got the agreement below.

 

My questions are ........is it enforceable and if so can i claim back the credit care?

 

[dx100uk]

statute barred more the 6yrs sinced last payment

 

dx

[mg_phil]

hi dx

I don't think its statute barred as i had been making token payments up to 2008 although it went off my credit file years ago

mg_phil

[dx100uk]

doh!

 

and how atleast £3k will be coming on PPI reclaim

 

and i bet an sar will reveal the other £500 in penalty charges

 

home free

 

dx

[mg_phil]

What do you advise

Should i contact original creditor for PPI or SAR for full breakdown of all charges .

I'm a bit worried as to whether to take it on as its a lot of money and they may put up a fight or take me to court

[dx100uk]

sri??????

 

lot of money

peanuts!!

 

and they cant 'fight'

you've got them by the agreement

 

i'd get the PPI going

 

use the SI spreadsheet from here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

fos CQ from here:

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

and a covering letter

 

post them up before you do anything

 

see my sig below for help

 

and READ the notes in the SI SOC..

 

as for the SAR get that off to them too

 

me thinks they owe you!!

 

dx

[mg_phil]

Thanks DX

I will read through everything and post before i send anything thanks for taking the time to advise.

[dx100uk]

just shout

 

dx

[mg_phil]

Sorry about this,I can't seem to get the SI spreadsheet to work, when i put a date from in the box it turns into a % value, i'm using open office anyone any ideas?

Mg_phil

[ims21]

Are you using StatIntSheetV101 and are you using the date format of dd/m/yy?

 

ims

[mg_phil]

yes, as soon as i input any numbers it changes to % sign

[ims21]

yes, as soon as i input any numbers it changes to % sign

 

OK

 

checking

[ims21]

Here you go

 

Try this

 

StatIntSheet v101.xls

[mg_phil]

Thankyou ims21

[dx100uk]

are you updating the source one on the thread i pointed too ims?

 

dx

[ims21]

Yep just done it

 

How embarassing

 

ims

[dx100uk]

strange its never come up before

dx

[mg_phil]

After having a good read of all the posts i have borrowed a template letter could someone have a look at what i was going to send to forthright and advise if its OK i have put the full amounts of the Insurance products as i could not get the Stat interest sheet calculator to work ( my IT skills not spreadsheet)

 

]Due to recent Media attention I know 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 Hire Purchase Agreement at your Direct Car Finance Manchester Branch on 4/01/2000 and also bought a payment protection policy which would cost me an extra £2827.20 over the life of the loan. The name of the salesperson who sold me the policy is Mr xxxxxxx

When I took out the agreement, I was told that my application would be refused if I did not also buy a Creditcare PPI policy and the Compulsory Motercare Policy. I am now aware of the Financial Services Authority’s advice to consumers 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.

 

I do not believe being forced to buy this policy as part of the agreement 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.

 

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

[ims21]

Letter's OK

 

Done the fos questionnaire?

 

What's the problem with the spreadie?

 

ims

[mg_phil]

Don't know what values to put in which box's

[ims21]

Ok

 

I can help you with this

 

Have you got a full record of all payments you have made including the dates of payment?

 

ims

[mg_phil]

Thanks ims 21 but it was that long ago i never kept the records i have sent of for a SAR so hopefully that will have all the info,can i give you a shout when/if it arrives

mg_phil

[ims21]

Thanks ims 21 but it was that long ago i never kept the records i have sent of for a SAR so hopefully that will have all the info,can i give you a shout when/if it arrives

mg_phil

 

Hi

 

Yep....just post here when you need anything

 

ims

[mg_phil]

hi

Finally had a response from BOS and not sure how to proceed as i think Direct Car no longer trade as i can't find them on an internet search.

Any ideas greatly received

 

[dx100uk]

write back and refer too:

 

CCA section 56.

— (1) In this Act “antecedent negotiations ” means any negotiations with the debtor or hirer—

(a) conducted by the creditor or owner in relation to the making of any regulated agreement, or

(b) conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or

© conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement and “negotiator ” means the person by whom negotiations are so conducted with the debtor or hirer.