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| Prince V's Yes Car; MIS SOLD PPI''s plus other insurances | |
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| Topic Started: Nov 19 2006, 11:26 AM (564 Views) | |
| PRINCEY | Nov 19 2006, 11:26 AM Post #1 |
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Hi all, I have been advised to look at this site whilst using the consumer action group site, and i must say to all sounds very simular to my experience with Yes Car. My story: I was registered as a self employed person, but worked as a sales person within a company. Guess it worked like a contactor. I sold for them and they payed me, if i failed to sale then no wages. Before i got my car from Yes Car i broke my leg playing football and my financial matters took a real hit. Getting charged from every tom dick and harry. I was off work for 7 months. On returning to my sales job (My car falling apart) i went to Yes Car as someone i knew said he could get me a car from there, he knew someone who worked there who could sort it out. After choosing my car and beening taken to a little room, I was told that i had to take these insurances out or there was no way i could have the finance for the car. This guy knew who i worked for and how my wages worked as he once worked there and that i had broken my leg but also knew i needed a newer car. I had no option but to take them. What i would like to know is that the sales guy i visited, how did he get me finance in the first place? Would the PPI have been any use to me if i needed to make a claim as i still dont know what it covers. I think i have read that if you are self-employed it would not be any use. Do i have a case to claim these back as it comes to £3597.72 and i have £4529.14 left to pay. It would be great to have these taken of the outstanding amount so i can pay what is left and never ever have to deal with these people again. Would be greatful of any help. Regards Mark[/SIZE] |
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| Buzz | Nov 19 2006, 11:39 AM Post #2 |
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Hi Princey, Welcome to Saynotoyes. Hope you found the info useful. As for the insurances, you , like many of our other members were told that if you didn't take the insurances they couldnt finance you. This is rubbish. These insurances always have to be optional. A lot of our members were also told that if they took the PPI they could have 19.9% APR, if they didn't then the rate would be 29.9% APR.. Also unlawful. In your case , they were even sold to you when you were obviously incapacitated due to an injury.  The first thing I would advise you to do is take your contract to Citizens Advice. At many, (but not all) of their offices, they have advisers who are well aware of the YCC fight. If they cannot help, we do have a legal company who are presently taking on many cases. Due to the nature of the situation, it is inadvisable to go it alone. Because of the complexities involved, I would advise legal assistance, but obviously the choice has to be yours. Hope this helps. Please let us know how you get on. Buzz thums |
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| Bakedalasker | Nov 19 2006, 12:50 PM Post #3 |
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Hi Princey, We know of a case where a user was sold PPI yet was self employed. He sent of a Subject Access Reguest Notification (SARN), sometimes known as a DPA, which is his right to know what data they have of him. The data revealed that they had put him down as employed therefore making him qualify for PPI. Naughty hey. Would the PPI be of any use to you. If you were self employed I doubt any claim you made would have been successful. So you might say why did they sell it to me. Well without looking at the terms and condition I cannot make a suggestion there. What I have heard those is that sone PPI policies do allow for self employment but there are strict conditions like you must have been in the contract for say 2 years. Basically they have made it very difficult to claim. Regarding claiming them back we know of one or two cases going to court. We are waiting for the outcome of these cases. One case is very similar to yours and it is looking promising. Personally I would recommend you visit your local CAB. Ask to speak to one of their specialist advisors, these are the guys leading the fight against YCC and have had alot of success getting debt "set aside". I'm sure they would be able to assist you in reclaiming your PPI. Another option we give is to talk to our partners Stephensons. They are in the process of looking into a group action against YCC as they have around 100 clients to represent. I know this group action has the option of including "new" client so it will be worth giving them a call. Of course there is the option of going alone. We dont recommend this as our experience so far shows our users loosing out. Saying that though we do have someone in your situation who has done that, as mentioned above, and he is confident but yet a resolution has not been made yet. The choice is your. If you required any further help you know where we are. thums |
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| PRINCEY | Nov 20 2006, 03:41 PM Post #4 |
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Hi again, Thank you both for your help and advice. I contacted Direct Auto Finance as they messed up my dd payment again. I gave them new bank details they did not active it and then tried to charge me £15. Got that refunded without a fight but whilst on the phone i asked for a copy of my loan agreement and list of transactions to check what charges a had receievd but also to check that the wrong charge had been removed. I was told that would be no problem and to my amazement they turned up a few days later. Well the list of tranactions showing all the charges did but no sign of the copy of loan agreement. I have requested another one today because i have read showhere that if they cannot provide a copy of the agreement they cannot ask me to pay it, is that correct. I will do a SAR anyway and send my £10 to them as i would like to know if they lied on my application to get the finance through. If they did it will help my claim against getting the PPI back. I will keep you informed every step of the way. Regards Mark |
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| Bakedalasker | Nov 20 2006, 04:15 PM Post #5 |
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www.saynotoyes.co.uk
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Regarding the loan agreement you need to put in a CCA request. This costs a statutory £1. We dont have a template for this as we usually get users to do a SAR (DPA) request which covers everything that YCC hold of you. One thing we cannot knock YCC for is the fact that they do produce loan agreements. Not alot of a chance then loosing that.  Interesting question though about paying your PPI while requesting the loan agreement. I would recommend you carry on paying your instalments, even the PPI. Do not give them the chance to repossess your car, you will find you will have a bigger fight on your hand. Keep us informed. thums |
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| PRINCEY | Dec 24 2006, 10:16 AM Post #6 |
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Hi all, sorry for the delay in posting this i have been busy with other claims. This now has my full attention. I have sent a CCA request and received i copy of my loan agreement and also followed that up by with a SAR as i wanted all the info they hold on me. Really to see what info they used to get the finance through, as i was self employed, not worked for 7 months before visiting them and yet i still drove away with a car on finance ????? Well i received a package from Direct Auto but all that was in it was i very long list of when my dd didnt go through and notes of what they had done, ie phone me / sent letter and of which type. There was nothing about my personal info. What i would love to know is that should i have received some???? If so how do i go about getting that now they have not sent it after a SAR??????? I m ready to send a letter requesting my charges back but also a letter requesting the insurances refunds, any help would be very handy. Have a great christmas every one and heres to a happy new year. Kind regards Mark |
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| jayden | Jan 13 2007, 09:26 PM Post #7 |
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Hi Im in sort of the same position as you. When me and my ex partner took out our agreement, my partner only worked for an agency but had been offered a permenant postition within the company. We were told that we should go home and get the letter offering him a permenant position. WE returned with the letter stating that he had been offered a permenant position in 1 months time. Anyway we got the car and about 1 year later he lost his sight and couldnt work ( temporary blindness) We made a claim on the insurances which we had been forced to take and were told that our policy was invalid from day 1 and was useless as he was only in temporary work on the date we signed the agreement. When i asked for a refund as we were sold a policy which we were never liable to claim from they said no. I have now just terminated my agreement and had the car collected. Its been a long fight and im still fighting. If you view all my topics you will see where im at the moment and what advice ive been given with regards to dealing with the mis sold ppi. Good luck. :wacko: |
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| PRINCEY | Feb 24 2007, 10:59 AM Post #8 |
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Hi all, I have at last received all my info ( took a long fight) but now have the bits relating to my employed status, copys of id used etc. I have just written the following letter and would like some views on it before i send it. Please feel free to let me know your views good or bad. Regards Mark 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, |
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| Buzz | Feb 24 2007, 11:48 AM Post #9 |
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Hi Princey. Had a read through and it looks spot on. Not sure however if it is just a typo, but in the second paragraph, you mention being an active member of YCC, Did you mean to say www.saynotoyes.co.uk. ? Please let us know what response you get from it. You probably know this, but please send it recorded/registered post. Saves it getting "lost" Good Luck. Buzz |
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| PRINCEY | Feb 24 2007, 12:20 PM Post #10 |
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Hi Buzz, Thanls for your quick responce, You are right about the YCC i will change that now. Hope you are well, keep up the good work. I am having a real battle with Yes at the mo. Trying to reclaim charges with no joy just letter backwards and forward giving chance after chance, but now im about to file for court with moneyclaimOnline so i will keep you informed on both courts. Just waiting for my Bank refund of about £3000 before i proceed. Will be nice to have that ion the bank to take time of work to really follow my cases against them with full attention. regards Mark |
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| Bakedalasker | Feb 24 2007, 06:38 PM Post #11 |
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Mark, Woudl it be possible for you to e-mail me the folowing: - 1. Your YCC contract. 2. Both your loan agreements. If so I will have a lok at them and get back to you. |
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| PRINCEY | Apr 20 2007, 09:07 AM Post #12 |
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Hi all, Sorry again for not being in touch and updating. Been having real trouble with finances and as a result i have fallen behind with monthly payments. Whilst trying to get charges refunded with plenty of letters going backwards and forwards but end result no joy. They have been adding more on due to there letters telling me of non payment. I had fallen 3 months behind and when i phoned them to make payment i was re -directed to a debt collector who said he was on his way to collect my car. He explained i owed him over £1200 ? my monthly payments are £266.42 He allowed me to break this down into 3 payments over next 3 months but i also had to pay my regular amount as well. As you can image i couldnt make this payment due on 15th April and would like to put it into dispute as i am happy to pay my normal amount but no all the adding charges. Can someone please advise???? With regards my PPI refund request i was hit with a blow as when YCC replied to my letter, they included i fax that was completed by my Manager and he put on it i was PAYE even through i wasnt. He told me he did this as the sales guy who he knew told him that i wouldnt get the finance unless i was PAYE. I had not worked for 7 months, and had told sales guy i have no payslips of bank statements showing income as i work as a self employed person. This is making me ill and just dont know what to do to get them of my case and get my PPI refunded. Sorry to go on but i am really mad and upset with it all. Regards Mark |
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| PRINCEY | Apr 20 2007, 09:08 AM Post #13 |
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Hi Baked, sorry i have no means of copying and emailing the bits, can i copy and send them to you???? Regards Mark |
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| Bakedalasker | Apr 20 2007, 09:48 AM Post #14 |
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Mark, I'm just about to PM you. |
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