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Yes Car Credit (Should have said NO)


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Hi there.

I am having a serious problem with Yes Car credit.

It came to my attention recently that GAP insurance is supposed to be optional and NOT! a Legal requirement, as I was advised at the time of sale by the in-store representative.

I am (In yes car credits eyes ) now 2 months payments late which they tell me now is £502.

The normal monthly payment without GAP (Which I didnt want) should be £180, with the GAP it is £208.80 (Roughly).

So in effect they have levied around £85 in unlawful charges as well.

Anyway concerning the GAP insurance I phoned YCC and told them I wanted to cancel it and a full refund due to the fact I was mis-sold the policy.

This would mean they owed me £578.(Roughly).

This amount outweighs the amount in arrears they say I am in.

They have refused my cancellation of the policy and claim it is "Uncancellable".

I wrote to them giving them 14 days to refund or I would start a claim in the county court.

I recieved a letter today refusing again so I phoned them and they refused again and told me because I refuse to pay them any money they are now applying a default notice on my account.

 

So hopefully I am still making sense here haha.

 

In my opinion they owe me £573 for the insurance refund and a further unknown amount in unlawful penalty charges which far outweighs their claim I am in arrears.

 

I need someone to check this letter I am sending to make sure I am not making any mistake.

 

Here is my proposed Letter:-

 

Dear Sirs.

With reference to your letter dated 12/12/2006.

Quote "It is important to point out that all the insurance products are optional at the time of sale.There is not , in any way a requirement to purchase additional insurance products from us." Unquote.

 

At the time of sale I told your in-store representative that I did not require the GAP insurance but was advised it was a legal requirement to have GAP insurance and also a condition of the sale.

Meaning if I did not have the GAP insurance that I would not be allowed the vehicle.

 

It has now come to my attention that it was NOT a legal requirement at all.

 

Therefore I believe I was mis-sold the GAP insurance by your in-store representative and so am well within my rights to cancel the GAP insurance and also entitled to a full refund of monies already paid on said insurance policy.

 

I will now be filing a claim against you in the county court for the refund of my money.

I will also be reporting you to the Financial Services Authority.

 

Furthermore with reference to my phone call with Robert Macey on the 21st December who told me you would be serving a default notice on me.

It is unlawful to do so when the account is in dispute and until you can prove that I do actually owe the sum of £502 which is also a figure containing unlawful penalty charges.

Also over the history of my account it is my belief numerous unlawful penalty charges have been applied to my account which I will also be contesting in the county court.

Along with this letter I am sending you a seperate SAR request so that I can find out just how much in unlawful penalties have been applied.

It is my belief that the mis-selling of my insurance and the added unlawful penalty charges far outweigh the current amount of "Arrears" that you claim are on my account.

Also with the removal of the GAP insurance and the penalty charges applied the total cost of the loan will be reduced considerably as the interest you have been calculating on my account has been miscalculated.

It is in both our interests that you supply the information I require swiftly to ensure a satisfactory outcome is reached in an equally swift timescale.

 

Yours Sincerely.....

 

I would be extremely grateful to anyone who can help me with this.

Many thanks.

Adam:D

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