Please HELP! Mis-sold PPI Yes Car Credit

[falten]

Hi, I am new to this forum and wondered if anyone could PLEASE help me out here. My husband bought a car through Yes Car Credit in March of 2005. We returned it just before the first 2 years was up and paid in the shortfall balance. Yes, we were forced to take out the payment protection insurance at the time of purchase in order for there to be a deal. I have been paying the insurance monthly to direct auto finance since August last year, even though we have not had the vehicle.

 

The debt has now been sold to Direct Legal and Hillesden Securities. I read somewhere that these PPI have been mis-sold as it clearly states on the agreement that it is optional. Is there some kind of letter that I could send to them with regards mis-selling PPI? I have read on this forum that people have also requested a copy of their insurance certificate. Should I do this?

 

The other thing is that the Direct Legal is saying that I owe £2002,02 but the original insurance total for the 4 years was only £1816.80. I have paid the insurance for around 26 months, so how could this be?

 

I really don't know what procedures I should take now. Please HELP!

 

Thanks

Falten

[powelll]

If you were forced to have ppi to get the loan but the original CCA clearly shows as optional then the total charge for credit will be incorrect thus rendering the whole agreement totally unenforceable.

 

This has been a common theme with Yes car credit and I usually refer people to local trading stds or CAB to get the p/work checked over & a complaint strategy formulated. There are people on CAG who are very good on CCA stuff though.

 

I have linked a legal opinion on Yes car credit agreements below but can't go any further at the moment as I am at work!!

 

Yes Car Credit Legal opinion.doc

[falten]

Thanks Powell for the reply. I had a read through your attached document and it did go a bit over my head. The statement of account that I have received from Direct Legal is for an amount that totals more than the full 4 year amount of PPI, despite having paid 26 months worth of insurance payments. Who would I contact to correct this? I would appreciate any further advice.

 

Thanks

Falten

[powelll]

Sorry it is a bit technical but I have sent it to clients of mine who have then taken it with them to CAB/Trading stds etc to back up their case ( some branches of these orgs are more clued up on CCA than others ).

 

The main point I was trying to make was you whole agreement may well be totally unenforceable so you may not be able to be forced to pay anything more ( unsecured agreements are usually classed as 'non priority' debts anyway as they are wuite limited in what they can do if you can't afford to pay ).

 

I would be looking to get some local advice on this ie someone like CAB who offer a casework service so can take this on for you; unless anyone on here can do this?