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    • Why would the Parish Council using the Borough's legal advisors be "a bit shady"?  A Parish Council isn't going to be able to afford to employ it's own legal officers, so it will have to look for that expertise from outside.  The borough/city/council legal officers would be the obvious people to look to for this service as they will be (hopefully) expert in public law and better qualified to advise a publicly elected body that a firm in private practise.  There is in all probablity some sort of service level agreement in place providing for this already.   Have you any idea what a Judicial Review would be likely to cost you unless you win and get your costs awarded?   I doubt that a properly advised council would remove you simply for not attending meetings if those meetings are, as you claim, suspended.  Why did you not engage at all with them for over six months?  It seems odd to do that and then complain they have removed you.   Without more info from you it's difficult to advise further...
    • My personal view is that if you break down the work into various parts and treat each one is a breach of contract then each claim would refer to different set of facts. However, I take the point you're making. In terms of tracking down his assets – I'm afraid the only thing I can suggest which I think I've already suggested above is that you get the addresses of any properties fees associated with and run them through the land registry website and see what that brings. There is a small fee for each search. If you find that all of the properties are in the names of his wife or other relatives, and I think that you had better understand that you are dealing with somebody who knows their way round, and is very calculating about what they do and how they can avoid liabilities. Do you have any kind of bank details for him? You might be able to get an order against his bank account – assuming that it is still live. At the very least, if you wanted to cause a bit of discomfort then if you tried running a few very small claims simply to get judgements which would then remain unsatisfied and which would at least impact is credit file. Not a very nice way to go about things – but but at least it's another way of bringing some pressure to bear. It's too late now but I think that you may be didn't embark on this in the best way. I would certainly wanted to see his insurance documents and also to contact the insurers to begin with to make sure that they would cover these kinds of problems – although as I have said, I don't expect they would have done.
    • Thanks for your response.    Is there a way for me to find out if he has assets?    I looked at small claims court and dividing the issues, but I read somewhere (maybe citizens advice or GOV. website?!) that you cannot claim against the same person twice for matters arising from the same incident so I'm not sure that it would work out as surely it would be seen that these issues have all arisen from the same incident (his original work)? 
    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Help needed in reclaiming[atleast] the PPI, back from Yes Car Credit


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Hello Everyone,

Back in March 2003 I purchased a car from YCC.

Like other posts and threads that I have been reading on here,

I had no option but to have the usual PPI, Mechanical Breakdown Cash Premium and GAP Insurance.

Until recently I now know that I can possibly reclaim that money back, possibly with interest.

I have read a few threads on here (mainly ukdarren's thread)

but was a tad disheartened to see no confirmation from them whether they had a resolution (out of court settlement?)

Especially seeing the stress that they went through for a year.

I have also noticed that some of the experience persons on this site mention that they have helped many people reclaim their money back from DAF.

Although I have yet to see threads where claimants have been successful (I probably missed them mind you!)

Have all claimants had to go through the court process?

 

Personally, I was in financial difficulty and YCC was the only way I could get a car.

My credit rating was shot to pieces at the time.

I purchased a Rover 218 16V Hatchback.

I was told the car had the usual 125 point check by a qualified mechanic (etc, etc)

 

Problem being, within 6 months of having the car, the head gasket blew,

I contacted YCC and they told me my insurance did not cover that kind of fault.

I had no choice but to cover the cost of repair out of my own pocket.

This same fault happened to my car three times,

on the third occasion I could not afford to cover the cost of repair,

so my car sat rusting for 6 months until I sold it for scrap.

Of course I had to make all of my payments over the 4 years of the contract that I took out with YCC.

What was interesting, was when the head gasket blew for the second time and

I took it to my local garage, the mechanic informed me that the head gasket was a manufacturing design fault on this car

and that Rover had either discontinued this particular model or redesigned the head gasket.

(Something about the aluminium was too weak to be used as a seal between the main engine casing and the head gasket)

 

Now, it is my intention to look into when Rover either discontinued or redesigned this particular model that I bought from YCC.

If it is the case that this happened prior to when I purchased this car, would I be in the position to claim back all monies back from YCC, seeing that they could have (possibly) sold me a duff car, knowing full well (possibly) that it would continually break down with the head gasket continually blowing?

I had a continual nightmare with this car and spent a lot of money getting it repaired.

I know I would probably have to prove that YCC sold me a car knowing that it was a discontinued model for those reasons previously mentioned.

 

I also wondered how YCC worked out the finance charges.

first of all,

what it is it and how do they come to this figure?

Can I claim that back, because for the hell of me,

I cannot work out how they come to this figure (as at one point I thought it was the APR for the amount of the car for the 4 year contract)

So far, I have written a SAR to DAF at the address in Bradford (with £10 cheque) requesting the usual.

They replied back to me in just over a week, sending me my original credit agreement and weirdly, saying if I want a DSAR,

I should write back to them requesting for one (weird, didn't I already ask for one? Delaying tactics?) My cheque was also returned.

I intend to resend the letter back to DAF requesting the SAR that I originally asked for in the first letter

(I sent 3 SAR letters to two of the DAF addresses and one to the Provident address)

DAF in Bradford are the only ones to have replied to me incidentally.

Problem being, I work abroad, so I am away for pretty much 9 weeks out of every 12 weeks.

Although my other half would be happy to send letters etc on my behalf.

Now I am in a position to write, print and sign, before scanning the letter and emailing that back to my other half to print, and then post.

Would that be an issue do you think?

Has anyone on this site used a claims firm to recover their money from YCC and been successful?

If so, did the claim firm recover their costs from the other side,

or did they deduct their share from what any claimant recovered back from DAF?

I would be very grateful if any experienced persons on this fine website would be in a position to give me any guidance on the war

and peace that I have written above!

Lol!

 

 

Kind Regards

Wulfen40

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I would await the SAR

 

you wont find many successful claims as most are prob subject to confidentiality clauses

that's all I can say

however, don't let that deter you:wink:

 

cant see why you cannot reclaim all those insurances

 

there is no need to lose upto 50% of your reclaim to a CMC

they have no more clout than you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Good Morning dx100uk,

 

 

Thank you for getting back to me as I really appreciate your help and advice.

 

 

I will resend the SAR back to DAF and wait out on the paperwork and see what I get back.

 

 

Are you saying that in all cases that go to court, DAF are subjecting all claimants with confidentiality clauses?

 

 

Has DAF paid out prior to court action to anyone? Or is it always going down the route to court?

 

 

Also, can I claim back on the finance charges as well as ALL of the Insurances?

All Details below

 

 

1. Cash Price £4,973.00

2. Less Vehicle Deposit (Blank)

3. Amount Financed £4973.00

4. Total Charges £2077.72 (Made up of Finance Charges £1,927.72 and Admin Fee £150.00)

5. Balance Payable £7050.72

6. Total Amount Payable £7050.72

7. APR 19.9%

8. Monthly Instalments 48

9. Amount of each Instalment £146.89

 

 

10. PPI Cash Premium £1505.95

11. Breakdown Insurance £ 550.00

12. GAP Insurance £ 350.00

13. Total Insurance £ 2405.95

14. Less down payment £ 325.00

15. Shortfall of Credit £2080.95

16. Add Interest £ 869.61

17. Balance Payable £2950.56

18. Total Amount Payable £3275.56

19. APR 19.9%

20. Monthly Instalments 48

21. Insurance Instalment £ 61.47

 

 

I will definitely not bother going the CMC route, I will do it all myself.

 

 

Monthly Payments in Total were £208.36 according to the sale agreement

 

 

Thank you dx100uk

 

 

Wulfen40

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nothing to do with courts.

 

so 61.47PCM

 

use the staint sheet for each payment.

 

This first spreadsheet is the latest version of the statutory interestlink3.gif calculator and is used for Single Premium PPIlink3.gif cases. It can also be used where rollover PPI is involved, i.e. a new loan re-financing a previous one and where PPI is included in one or more loans. It can also be used for S69 redress calculation on any sum, like on a closed/frozen interest PENALTY charges claim.

 

StatIntSheet v101.xls

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you dx

 

 

I have downloaded the StatInSheet xls and I will fill it in due course with all the payments I made every month at £61.47. Can I also include my deposit of £325.00 on this sheet too, seeing that they have seen fit to take this off my insurance total?

 

 

Today I will send off the DSAR to FAS again and hopefully get a reply within 21 days as they said they would treat my request with the "uptmost priority"

 

 

Once I have received it I will let you know what I got back from them. I am just a bit unsure what to do at that stage.

 

 

I do intend to keep you abreast of what is happening with all of this.

 

 

Many thanks dx!

 

 

Wulfen

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  • 1 month later...

Hello All,

 

I resent my SAR request on the 17th July and

 

on the 8th August I received a letter back from DAF with a CD which has apparently has all of my data on it.

The letter also said that there was no recordings of telephone conversations

(which is a shame as I know I did in fact call them a few times over the problems with my car that I was having)

 

At the moment I am unable to open the CD as my partners laptop is being upgraded to a up to date version on the mac.

She will then download the contents of the disc into email form before sending it to me to have a look

 

In the meantime, I have been looking at my service/ credit agreement...

 

On both sides of the sheet

(The vehicle and its finance and Additional Insurances) the both show the APR as 19.9%..

 

can someone please tell me how the finance charges (on the vehicle and it finance column) show

(4) Finance Charge as £1,927.72 as surely this figure

(from the (3) Amount financed £4,973.00 would in fact be an APR of 38.7% ??

 

The same goes for the other side of my sheet on Additional Insurance.

That (16) Add Interest of £869.61 calculation is in fact set at an APR of 41.7% rather than 19.9%

 

Did I work this out wrong or am I right that the illustrated APR of 19.9%

and the actual calculations for Finance Charges and Added Interest actually calculated at a far higher APR?

 

I have attached my credit agreement

 

 

Many Thanks for your help

 

 

Wulfen

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Lol! Totally understandable... am I right about the APR rates dx? What do you think? I am hoping to get the details of my disc by the end of the week, once my partner has got her upgraded laptop back.

 

 

W

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cant make head nor tail of those figures

 

nothing adds up

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That is a shame, from what I can gather from these figures is the following...

 

 

1. Nothing explains what the finance charges consist of, from what I can make it, it is the APR on the cost price of the vehicle I bought (at 19.9%)

2. The added interest to the additional insurances is meant to be at 19.9%

 

 

But looking at these figures dx, the actual APR is so much higher than the advertised APR rate on the credit agreement...

 

 

So in my mind, I have been deceived because of this... isn't this deception on their part?

 

 

I have no doubt that you show this to a judge or any lay person, would they then not agree with me?

 

W

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the finance charges are the interest, which have been charged at 19.9%

 

the figures are correct as far as I can see taking into account your deposit and admin fee

 

so you should base your reclaim on that figure

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hello rouge, thank you for your input, I am starting to think I am a bit of a thicko, lol, could you be so kind as to show me how the APR is 19.9% as I keep getting a much higher figure!

 

 

Thank you!

 

 

W

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this is the one I use -APR Calculator

 

Loan amount (£) 4073

Starter / admin charge (£) 0

Monthly repayment amount (£) 146.89

Number of monthly repayments 48

Extra final charge (£) 150

 

Results

 

APR 19.9%

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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if you really want to check-

 

the APR equation that is used in the United Kingdom:

 

p = E ( a / (1 + r / 100) ^ t

 

In this equation "p" represents the principal borrowed,

 

"a" is the amount of a single repayment,

 

"r" is the interest rate and

 

"t" is the time since the loan began.

 

The "E" is meant to represent the sigma symbol which instructs that all calculations after this must be added together.

 

This is because in the United Kingdom each piece of interest is added together to get the final result.

 

So if it is a 12-month loan,

there will be 12 additions performed.

If it is a 48month loan,

there will be 48 additions performed.

 

its easier to use a ready made calculator:-)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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so spreadsheet post 4 time

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Good grief.... that blew me away rouge hahaha! Nope, I tried to work it out as you said but all I did was confuse myself even more... Lol!

 

 

Ill take your word for it! I suppose when I use my compound interest sheet I will set it at 19.9%...

 

 

Thanks for doing all the calculations though! Appreciated very much! As long as it worked at to 19.9% then that just confirms I was not diddled...

 

 

Thanks mate!

 

 

W

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you cant reclaim PPI @ their rate

 

post 4 and the stat int sheet

 

their int is already included in the £61.64

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yep got you now! Sorry dx, having a moment there.. lol

 

 

I will do the calculations on that sheet at the stat int rate of 8%. Hopefully my partner will send me the details of what I paid each month from what is on that disc.

 

 

Out of interest dx, on my credit agreement it says

 

 

£1505.95 Payment Protection Insurance Cash Premium

£505.00 Mechanical Breakdown Insurance Cash Premium

£350.00 GAP Insurance Cash Premium

 

 

Does that mean I treat all the above as PPI then? Total being £2405.95 ?

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Thanks for doing all the calculations though! Appreciated very much! As long as it worked at to 19.9% then that just confirms I was not diddled...

 

nope as far as the interest rate goes no diddling going on:shock:however as regards the insurances then thats another story:-)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hopefully I can recover all my insurances at the statutory rate of 8% then rouge as dx says! At least I can recover some of my money back!

 

 

Thanks rouge for looking at the APR for me though!

 

W

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Yep got you now! Sorry dx, having a moment there.. lol

 

 

I will do the calculations on that sheet at the stat int rate of 8%. Hopefully my partner will send me the details of what I paid each month from what is on that disc.

 

 

Out of interest dx, on my credit agreement it says

 

 

£1505.95 Payment Protection Insurance Cash Premium

£505.00 Mechanical Breakdown Insurance Cash Premium

£350.00 GAP Insurance Cash Premium

 

 

Does that mean I treat all the above as PPI then? Total being £2405.95 ?

 

all you do is enter on the spreadsheet £61.64

on every date you made the full payment

 

nothing more needs to be done

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would suspect it ran consecutively from the first payment date on the agreement?

 

no need to await the statements

if you made all the payments on time?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well not exactly dx, I think I made all of the payments on time each month for a couple to three years then I paid the rest off in a lump sum, I am not sure exactly when, hence I am awaiting the details on my disc!

All payments were made on time, I just paid it all off early, I think about a year or just less before it was due to finish

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then you'll need to do the calc in link 1 below

 

and workout what % the PPI was of the total PCM.

 

then that % of any 'bulk' payment was PPI.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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