PRINCE V's YES CAR CREDIT

[Super Saints]

Hi all,

 

Feeling better now that i have read lots of threads and am in the process of being settled by Nationwide. Im about to start a journey to claim back charges but also the PPI, breakdown cover and GAP insurance.

 

I feel that they were mis sold to me at the time, same old dont take them = no car.

 

I have two question if some one would be kind enough to answer????

 

Question 1.

 

How do i get the personal info side of my loan application, as i was self employed at the time and had no worked for 7 months due to a broken leg. How did they get me finance but would the PPI benefit me???? Do i have a case against them?

 

Question 2.

 

I have kept my copy of the loan and after looking at it i was surprised by the total charges figure. Could someone check to see if the figures add up????

Cash price = £6675

Amount financed = £6675 (Deposit went on the PPI side of loan)

Total charges = £2632.44 + £150 Admin Fee = £2782.44

Total Amount Payable = £9457.44

APR = 19.9%

Number of payments 48

Each monthly payment = £197.03

 

Look forward to hearing back with people views, thank you for your time in helping me.

 

Regards Mark

[still-learning]

Hi Mark,

 

I'm firly new to this site but looking at your figures, the charges look about right for the high interest rate they are charging you.

 

cheers

[Super Saints]

Hi all, I had to phone Direct Auto a few weeks ago, and whislt on the phone i thought id ask for a copy of my transactions for my repayments. The lady on the phone said yes that fine so i thought id ask for them to send me a copy of my orginal loan agreement. again she said yes and i thought great saves me doing my SAR and CCA.

A few days past and the list of transactions arrived to my shock, they did something they said they would. One problem, no copy of the loan.

I phoned to thank them and said the loan copy was not in with it could they resend one, Told yes and still no arrival.

Do you think i should just do a CCA (i think not a SAR or should i do both) because i have read somewhere if they cant produce the orginal doc i can stop paying them ( More research needed )

Can anyone out there advise please,

Kind regards Mark

[SkintGirl66]

Hi Mark,

 

I am really new at this too, I am pretty sure I have read on this site if they cannot produce the original loan agreement then its all null and void and you do not owe anything.

 

Good luck

[Super Saints]

Hi all, update for me - posted CCA today 11-12-06. Gave 14 days to send loan doc = xmas day

[Super Saints]

Hi all,

Received copy of loan doc over the weekend, very quick must say!!!

 

I am now about to start claiming the charges back which they have made me pay for unpaid DD.

Question 1 = Would i do this by using the same procedure as the bank charges?

I am also going to claim back all the extra insurances ie PPI, Mechanical Breakdown and GAP which were mis sold to me. Does anyone out there have a template which they have used for YES CAR as then we can keep the letters as standard like the templates used to the banks?

Let me know your thoughts?

Regards Mark

[Super Saints]

Hi again, After sorting through some paper work i have found something very interesting.

It is a copy of the loan agreement but what is interesting about it is, that on the section which you have to tick yes or no to the questions, question 7 - Do you apply for the additional insurances ? there is a cross not a tick on the yes box, which has been scribbled out and a tick put next to it. My initials are next to it but this is when i was told that unless i take them out i cant have the car. Reason for the change on doc. What i also remember is that another member of staff came to meet me to complete the paperwork, and when they saw this, they made me complete another loan doc. I have both the orginals with the sales man signature on both, as well as the copy they have sent me since my CCA.

Would this prove that i didnt want the added insurances and be worth including in my letter requesting that they were misold and i want i refull refund.????

Please help??

[Super Saints]

Hi again, after reading other threads i have decided to do a SAR. Someone find out that they had changed the personal info without the customer knowing to get the loan through. I feel that they must have done that with mine, so i have sent the following letter to see what comes back before a start any claim. Have a look and let me know your thoughts???

**********

**********

*********

********

**********

********

********

 

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam

 

AGREEMENT NUMBER: ********

Please supply me with a complete list of transactions and charges relating to my payment history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

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.

Lastly I would like you provide me with copies of my personal details sheet or any personal details which you have on my file that were used in order to get this finance agreement approved. 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 penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act 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. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable, and my signature, hitherto accepted by you as an identifying mark, appears below.

Yours faithfully,

*************

Will update when i hear anything back

[alexifa]

Remove the reference to banking and it's good to go.

[Super Saints]

Thanks Alexifa,

 

Well spotted i will change that and post it off today,

 

Regards Mark

[Super Saints]

Hi all, happy new year.

 

I have received a load of paperwork back from my SAR but all it is, is a list of my account history. Shows details of when i phoned them or they phoned me, wrote to me etc.

I thought that it would have to provide me of how they managed to get my loan through and all personal details about me.?????????

Have i received ALL that i should have got.

 

Please advise as i am in the process of writing a letter to claim back all the insurances which were mis sold. If any one has a template is provide me with one .

Thanks

[alexifa]

What is it exactly that you want from them?

[Super Saints]

Just the bits mentioned in post one. What they used on me to get finance through, as i feel it would help prove that i was mis sold PPI's and also the reasons why i didnt need them.

 

Do you have a letter template requesting refund for these insurances?

I have two copies of loan agreements because the 1st one has a cross throught the no choice about PPI's and i was made to the loan form as i had to have a yes to PPI's before i could have the car.

[alexifa]

I would use this guy's letters as they seemed to work.

[Super Saints]

Thanks alexifa,

 

Can anyone help??????? Do you know what info you should get back from companys when you do a SAR?

 

I have been told by a member of staff at Yes Car after a phone call i have 3 defaults, should they have been sent to me as part of my SAR (they said because they have sent them to me when they were given to me its my fault if i lost them) and also they told me that the personal info they used to get finance for me was only kept by the showroom i got the car from and as they dont have them anymore they cant provide me with it. Does any one know if that is right??????? How can i prove the PPI was mis sold and that the info used by the sales rep must have been changed in order to get my finance through, also that the insurances would have been no use to me but he still made me take them????

Please help, Mark

[Super Saints]

here is a letter i will be sending about not getting the info i should have got back from my SAR. Could someone check it over please.

 

Dear Sir/Madam,

AGREEMENT NUMBER: xxxxxxxxxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 20th Dec 07. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1. You have failed to provide me a copy of any agreements between you and myself.

2) You have failed to provide a complete list of transactions and charges as a result of my request.

3) You have provided no notes, or documents relating to any legal action between you and myself.

4) You have failed to provide me of any letters you have sent to me

5) You have failed to provide me of any computer records in which you have about me

6) You have failed to provide me with any copies of recorded telephone calls (if any recordings were made) which took place between you and myself.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

You have a further 14 days to comply.

Yours faithfully,

 

 

 

Mr Mark Prince

[Super Saints]

Just have received a responce. This time they sent me my loan agreement (Condition of Sale), statement of account, account history.

 

Also they had this to my letter regards my refund of charges.

 

Dear Mr Prince

 

Under section 5.2 of the terms and conditions of the agreementbetween us, you have agreed to indemnify us in respect of "costs incurred by us in preparing and sending reminders, termination and demand letters, default notices, statements of accounts, copy documents, settlement quotations or otherwise and in enforcing the agreement, tracing you and locating or repoossessing the vehicle". The charges applied to the account in the event of default are not penalty charges. These are liquidated damages and are a reasonable estimation of the probable loss following breach of contract. The charges are wholly recoverable. Moreover, the charges are fair and reasonable and therefore do not contravene the law as set out in the Unfair Terms in Consumer Contracts Regulation 1999 or Dunlop Pneumatic Tyre Co.

 

Is this the standard reply and do i carry on and sent my LBA??

 

See Below ( Is this worded correctly???)

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: 0000000

 

 

I am very disappointed with your response to my letter of the 15th January 2007.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £210 with a further £45 that I still owe.

I am enclosing a copy of the schedule of the charges which I am claiming.

I require repayment in full of this money with the outstanding amount to be cleared from my account. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Yours faithfully,

 

 

 

 

MARK PRINCE

[Super Saints]

bump

[Super Saints]

Hi there anyone,

Does anyone know of a letter template asking that a company has provided all the personal info that they have on you. I have written twice for info from YES CAR and i beleive that they are still keeping things from me. I am about to start a claim for my PPI and dont want them to provide something to the court and surprise me, when they should have provided it to me after my SAR.

Please help. i know i have read one but cant find it anywhere,

Regards Mark

[Super Saints]

Hi all, Thank you Ian for you help, could you please check this letter and see if i need to change/add anything?

 

Dear Sir / Madam,

I am writing to inform you that you have failed to supply Information requested under section 7 of the Data Protection Act within 40 Days. You have now committed an offence under the above act.

I am prepared on this occasion as a Gesture of Goodwill to allow you a Further 7 Days to comply fully with the above mentioned request. The 7 days will commence on receipt of this notice to your office by means of recorded delivery first class post.

Failure to comply fully within 7days will result in the following Actions being taken.

a) A summons will be raised via Southampton County Court to obtain the requested information. This will of course result in a claim for an unspecified amount in way of damages (this be left to the discretion of the court), and a claim to recover all legal fees and court cost in relation to bringing this matter to court.

b) A complaint will be lodged with the Information Commissioners Office that Company Name and yourself are not a fit Company / Person to hold Data under the data protection act 1998

 

I believe that the following documentation / records are missing.

- Any letters relating to Default Notices served under s87 (1) of the Consumer Act 1974

- Any letters or photocopies of personal information which was used in order to obtain the required finance. I.e - Employment details/history, bank statements, passport etc

Lastly if you are happy that you have fully complied too my Subject Access Request under the Data Protection Act 1998 and that all the information you have has been supplied to me, could you then please confirm that in writing to me within the 7 days.

Yours faithfully,

 

All views are welcome

[Super Saints]

Hi All,

 

That letter seemed to work!!!!

 

At last i have received everything. I got photocopies of the Handover sheet, Instruction to my bank to pay d/d, passport, telephone bill, fax from car insurance company, driving licence, warranty holdings proposal form, details of GAP insurance + PPI + copy of loan doc as well as the bits i had received from my past requests. The chat system notes and statement of account.

 

The most important one which is the one i have been after was also enclosed, a photocopy of the personal details sheet. Unfortunly i have circle the -no- under the self employed section rather than the -yes- but i was instructed to do this by the sales man because he said i would be easier to get the finance. He knew how my employment worked because he once worked for the same company as i did at the time.

Is this going to make my claim for mis-sold PPI and other insurances harded or should i still start my claim as i was told no insurances no car.

I wish i had ticked the yes to self employment as i know this would have made my case so much stronger.

Please advise, Mp

 

ps STILL NO JOY ON CHARGES REFUND SO IM ABOUT TO START A MCOL FOR A FEW HUNDRED POUNDS AND RISING BY THE MONTH

[Super Saints]

Hi all,

 

About to send following letter regarding Insurances Refund, Please have a read and let me know your thoughts, all views welcome.

Regards Mp

Request for a repayment of Payment Protection, GAP and Mechanical Breakdown

Insurances

 

Dear Sir/Madam,

AGREEMENT NUMBER: xxxxxxxxxx

My request

I am writing to ask you to refund to me the sum of money paid for the Payment Protection Insurance, GAP Insurance and also Mechanical Breakdown Insurance that I now believe were mis-sold by an agent of Yes Car Credit.

After reading and hearing many different articles concerning Payment Protection Insurance and also being an active member of YCC, it has been brought to my attention that I should have been able to purchase the car as I wished without any additional costs added to the monthly loan repayment. I wanted the smallest monthly repayment as possible due to my financial situation at the time of my visit to you.

I now understand that all the insurances were entirely optional whereas your agent implied at the time of purchase that I had to take out these insurance’s to secure the car.

I have included a copy of the terms and conditions for the PPI plan which have been provided to me. I quote the definition from these terms and conditions of a Contract Worker:

 

“Contract Workers continuously Employed under a fixed term contract(s) for at least the two years immediately prior to the commencement of Unemployment, which has/have been renewed at least once in this period”

I went into great detail with the salesman explaining the nature of my work and how my employment or basically self-employment worked. He knew himself because he too had worked for the same sales company in the past. Basically I was a sales person for a company who pay a commission only wage. No sells means No Income.

The job I had was basically like being a contracted worker. I was instructed to tick the “no” under the self-employed part in the Income Details Section because I had a regular job within my employer so I was basically employed. This at the time seemed to make sense but I am a little wiser now and realise that I should have circled the Yes option to being self-employed.

I had also explained to him that due to a broken leg in Sept 03 I had not received any income for the last 5-6 months, this was due to how my pay structure worked and this month being March 04 was my first month back at work to which I would receive any income.

Referring back to the “CONTRACT WORKERS” part of the PPI which is what my employment was put under by your salesman, he knew that I was working as a contractor for 1 year 6 months (see copy of my personal details sheet enclosed) of which 5-6 months of that I was off work due to my broken leg and therefore would not have been eligible for any payments from the PPI if I could not get work or was sick. My situation was known to the person who sold me the loan; however he did not point out that the insurance was virtually useless to me so I believe that I was mis-sold that insurance.

 

I refer you to the recent statement from the FSA in regards to loan payment protection insurance where they quote the Code of the Association of British Insurers (ABI) which requires the seller to ‘ensure as far as possible that the policy proposed is suitable to the needs and resources of the prospective policyholder’

The other insurances which were also sold to me were also taken because I was informed that without them, the loan agreement would not pass the credit checks due to my time off of work. I have a copy of my 1st original loan agreement form which was completed, where you can clearly see that I did not wish to take the extra insurances out ( see photocopy of loan agreement form which I have highlighted) but after being told that without purchasing all insurance’s meant no car, I had no choice but to change my mind. I was then made to complete a 2nd loan agreement form which you have on file because during the completion of the handover sheet, it was noticed that the insurances section had been changed from a cross to a tick and initialled. They instructed the salesman to complete the 2nd loan agreement without any changes on it. I remember the words “better to be safe than sorry” and years later I now know what was meant by that.

This is clear proof that I never wanted any of the Insurances which were placed on my loan agreement and therefore shows that I was mis-sold all of them. I feel very upset about the way Yes Car Credit Staff have treated me as on the day of the sell everyone was very pleasant however I now feel that it was all fake smiles and promises. Maybe the smiles were people laughing about how they have just pulled the wool over my eyes like hundreds of people before me.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I consider that your repeated representations that your PPI plan along with GAP and Mechanical Breakdown Insurance was required and reasonable was deceptive and that Yes Car Credit staff deceived me into agreeing to pay them.

What I require

I calculate that the Payment Protection Insurance was for a sum of £1617.91

I calculate that the Mechanical Breakdown Insurance was for a sum of £650.00

I calculate that the GAP Insurance was for a sum of £350

Total = £ 2617.91

Interest added to outstanding amount £979.81

Total claimed £3597.72

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that there will be no further communication from me and I shall issue a claim and lodge a complaint with the FSA at the expiry of the second deadline.

Yours faithfully,