PPI claim against Yes Car Credit (Direct Auto Finance)

[yanny2308]

I'm just after some advice for my husband.

 

He took out finance on a vehicle with Yes Car Credit back in 2004.

He was only 20 at the time and was told that he wouldn't be accepted for the finance if he didn't choose to have the PPI cover.

As such he took the cover! 

 

We had forgotten all about the car finance, until we received a letter from Direct Auto Finance a few months ago advising how they will be handling data and that letter provided the agreement number.

 

My husband wrote to Direct Auto Finance on 3rd May 2019 advising that he believes he was mis-sold PPI when purchasing the vehicle, as he was led to believe that his application for credit would be rejected if he did not take out the insurance. He advised that if his complaint was upheld, he would require a full refund of all premiums paid to the policy, plus any additional interest charged because of the PPI. He also advised that he would be claiming statutory compensation in view of the fact that he has been deprived of the use of the money. 

 

Direct Auto Finance replied on 15th May 2019 advising that they could not begin their investigations, as the signature on my husband's letter did not match the signature they had on file. He therefore provided a copy of his driving licence and passport,

 

they wrote back on 28th May 2019 advising that they will now undertake a detailed investigation and respond within 8 weeks.

They advised in this letter that a questionnaire designed by the Financial Ombudsman Service could be downloaded, and they requested that my husband complete this and return it to them. They go on to advise that if they do not hear within 28 days, they will make a fair assessment of the complaint based upon the information they have. We did look at the questionnaire online, but we could not answer a lot of the questions, so we didn't complete and return it to them. They also advised in their letter that a commission complaint would be opened and addressed under separate cover. 

 

We have now received two further letters from them dated 4th July.

The first states that as the questionnaire has not been returned, they have made an assessment based upon the generic claims made in our letter and the documentation they hold on file.

 

Based upon this they reject any suggestion that the sale of the policy in question was in any way mis-sold.

They advise that the PPI policy was optional, my husband was eligible for PPI and the policy was suitable, that he understood the policy was optional and they dealt with him fairly and professionally. They advise that this is their final response in relation to the complaint. They have said that if we remain dissatisfied we can refer the complaint to the FOS free of charge within 6 months. However, this complaint falls outside the jurisdiction of the FOS.

 

The second letter is in relation to the commission. It simply states that the finance agreement ended on 9th October 2006, and so reliance cannot be placed on the unfair relationship provisions under the Consumer Credit Act (s140a). 

 

Does anyone have any advice regarding this?

Is my husband entitled to reclaim the PPI on the car finance, as this was such a long time ago?

Direct Auto Finance have provided a copy of the credit agreement and it shows that he paid £927.40 in PPI, £350 for mechnical breakdown insurance cash premium, and £300 gap insurance premium. 

 

Any help would be greatly appreciated!  

 

 

 

[dx100uk]

the reclaiming of ppi charged by a lender can result in a refund in two ways now since the plevin ruling.

 

1. the actual PPI itself and any interest charged and 8% statutory interest being returned to you.

 

2. the hidden commission the lender got from the underwriters for selling their insurance policy.

 

you cant have both.

 

as it stands in your case.

you have no evidence the PPI was mis-sold ok we know it was as 10'000 of people were told what he was, but there is no record of it.

 

as for a plevin refund, his signing dates to before 2005 so is not relevant.

 

your target was the underwriters as they were governed by GISC and ABI code of conduct.

nothing to stop a reclaim going into them but it will need to be a good FOS CQ if your only reason was told you'd have a better chance of success if you took PPI.

might work though

 

lots of yes/daf ppi threads here already