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| Was It Illegal To Put My £400.00 Dep Against Insur; Yes car agreement | |
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| Topic Started: Feb 15 2007, 02:17 PM (882 Views) | |
| viplosh | Feb 15 2007, 02:17 PM Post #1 |
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I have been reading this forum. I would like to know the exact position regarding YCC adding the £400.00 I gave them as a deposit against the insurances and not the car. I noticed the agreement that we signed acknowledged that £400.00 was against the insurances but I did think this was towards the car. Is this some type of scam ? by them because they can obtain commissions quicker this way on the insurance kickback. I would have rather had the £400.00 against the price of the car. The premiums were they dreamed up or a percentage scale against pp of vehicle? Is this illegal does anyone actually know? It appears the words used here are maybe ,might be. What is the legal position? If there is a breach of the CCA? here I will be taking this up with YCC to see if the rest of my agreement can be waived. I owe them nearly £3000 still and this is the figure for the OPTIONAL??? insurances it would appear having paid them £9,000 already against a pp of £5,000 I have basically bought my car anyway. Any reply on this topic would be great. Regards |
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| Buzz | Feb 15 2007, 02:55 PM Post #2 |
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Hi viplosh, Welcome to saynotoyes. I think that by deducting the £400 from the PPI instead of the car is another of the underhand tactics used by YCC. This has happened to many of our members. Like you say, it is possibly a scam. By them doing this, it basically proves that they didnt sell you PPI as optional but rather as compulsory, or the money would have been deducted from the price of the car BEFORE offering the PPI, which is the main reason we are fighting them. One of our other moderators Bakedalasker or Jenni are possibly better to answer than me . They are a bit more on the ball than I am regarding this as I didnt have this problem with them. I was given a no deposit deal. They offline at the moment, but I am sure they will be able to answer your query when they are next on. Buzz |
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| viplosh | Feb 15 2007, 03:22 PM Post #3 |
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Thanks Buzz I will await to hear from the people mentioned. This is very important as I always believed I had paid £400.00 towards the car not their insurances. If this should not have happened then it changes the whole calculation and basis of the agreement and security offered. Thanks Viplosh |
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| Bakedalasker | Feb 15 2007, 04:38 PM Post #4 |
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Hi Viplosh, The fact that you have had your depsoit put against the insurance instead of the car makes the amount you owe to reach the VT stage overstated. That is you need to pay more to reach the 50% mark where you have the right to hand your car back. It is one of the legal arguments we go on about on this forum. Saying that though you need a bit more proof such as requesting the car appication loan. Once you start asking for this information YCC tend to get nervous. At this stage tihs is where we recommend you start seeking legal representation. We recommend the CAB or Stephensons to take this up for you. These guys know the score and know how to handle it. We are confident under there guidance you will come out on top. We would like to say take them on your own but our experence tells us to seek that legal advice to see you over that winning line. The guys who lately have taken this advise have come out top and it has not cost them a penny. Not one penny. So make an appointment with the CAB or get in contact with Stephensons. See our banner for details. Any problems you know where we are. 
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| viplosh | Feb 15 2007, 04:57 PM Post #5 |
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Thanks for the reply bakedalaska. I will do as you suggest I am like a rottweiller when I get started. I will be asking for all the documents that pertain to this deal and they will be pursued until they are forthcoming. I want it peeled back to reveal what went on. I am feeling conned at the moment and I want to proceed if I have a case. I would like however to hear of any current success stories on the deposit against insurances point that you or others may be aware of. Also what was the outcome? What happened to the existing finance agreements on these cases? Thanks for all your kind courtesy to date.
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| viplosh | Feb 16 2007, 05:32 PM Post #6 |
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Sorry to nag guys does anyone know if it was illegal for them to put my £400.00 deposit onto the insurances and not against my car. Did they break CCA guidelines. I would love to know. 
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| Bakedalasker | Feb 17 2007, 05:06 PM Post #7 |
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It is illegal if you can substaniate it with proof. It breaks the CCA rules for a number of reason: - 1. The conditional sale agreement (car side of contract) is unenforceable as it lacks a prescribed term. 2. The liablity ofr voluntary termination (half way stage) is incorrect as this deposit should have been removed from the car credit and not the insurances. 3. The agreement is improperly executed under S61 (1) (a) of the Consumer Credit Act and S127 (3). You need to substaniate this with proof so you need to get hold of the Order /Loan application form to clarify this. Hope that answers your question. |
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| viplosh | Feb 17 2007, 05:53 PM Post #8 |
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Thanks for the reply. I will investigate the sections of the CCA you state and also ask YCC for a copy of my loan application. Thanks again
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| shanemjoyce | Mar 21 2007, 08:29 PM Post #9 |
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Hi All Sorry to open up this one again but I have a copy of the Vehicle order form that was filled out on the day I purchased my Car. IT clearly states that the deposit was taken from the vehicle not the insurances. Is this enough evidence to claim that the Conditional Sale agreement is unenforceable. I have VT my vehicle but DAF are still lloking for money to make it to the half way mark. My calculations show that if my £500 deposit had been taken off the price of the vehicle then I would be over and above the Half way mark. SMJ |
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| viplosh | Mar 21 2007, 08:34 PM Post #10 |
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Did you mean the deposit was taking off the insurances not the car?? Please clarify.
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| Bakedalasker | Mar 21 2007, 08:42 PM Post #11 |
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It certainly strengthens the argument. Now you have got this proof you can state that the Conditional Car sale side of the agreement lacks a prescribed term i.e. the correct amount of credit. This makes the agreement improperly executed under S61 (1) (a) of the Consumer Credit Act and S127 (3). The amount of credit is wrong because the insurance should have been taken off the car side of the agreement. Also your liabilities will be wrong such as your VT mark. |
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| shanemjoyce | Mar 21 2007, 08:47 PM Post #12 |
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Excellent Baked I have not recieved my documentation requested under the SARN yet. I just stumbled accross this piece of paper today. |
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| shanemjoyce | Mar 21 2007, 08:48 PM Post #13 |
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Sorry Viplosh Yes the £500 was taken off the Insurances not the car on the Yellow Contract Document but on the Blue vehicle order for it was taken off the vehice SMJ |
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| gRoberts | Mar 22 2007, 08:55 AM Post #14 |
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Not sure how I stand on this one like. As I was asked in front of two witnesses how much I wanted for my part ex, which I said £500. They accepted this, but whilst looking into my documentation, I have seen that only £100 has been given for my part ex, and this is put as a down payment towards the insurances and not the car. So wheres my other £400, thieving tw*ts. |
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| lizzy | Mar 22 2007, 10:26 AM Post #15 |
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hi, I thinkyou will find that they put it down as a discount on the car. They pulled this one on us. They gave us what they called a reciept for our trade in car( which they had agreed to give us £600 for) . On this reciept it states the list price of the car (which I might add we never actually saw before the so called reciept was produced), and the agreed selling price which was of course £600 cheaper because they had apparently given us the money for our trade in and called it a discount. In other words they didnt give us anything for our car at all. and all this was conveniently done before the agreement was set out. My agreement has no reference at all about the list price of the car only the agreed selling price, and mentions nowhere that any trade in or discount occured. We also gave them £800 cash deposit which they deducted from the insurance part of our agreement. We didnt know that was gonna happen till after the event either, bottem line is we cant prove that they didnt give us a discount, because we didnt actually know the exact price of the car only what had been written on our agreement. Lizzy.
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| Steve_G | Mar 22 2007, 11:12 AM Post #16 |
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scam after scam after scam..... can some legal eagle please take this bunch of crooks to task!!! I also had my £400 deposit taken from the insurances and they werent optional as 'I wouldnt get finance unless I had them' due to my poor credit rating... ooh thanks for being so considerate YCC so they give finance to those with poor credit history or no credit history. over charge them for the vehicle, scam as much deposit as possible, make it feel like they are doing them a favour, offer them the 2 year return option with no further liabilities (yeah on the vehicle we find out 3 months after VT when a shitty letter demanding outstanding insurances), they know most cant pay or afford legal advice and so agree a term to repay or cant repay and end up in court with a charge order or even worse bankruptcy.... it is total BS I cant believe that this whole bloody saga is still going on with no actual action against DAF/YCC from the higher authorities surely there is enough evidence on paper and on camera (whistleblower, watchdog, local/naational press) to nail these crooks once and for all. Can we not arrange a meeting with someone from up on high to discuss this and present the facts? I would happily take a day off and pay travel costs to attend anything that may get our facts and points across after watching the whistleblower programme on banks last night I am utterly sick of how we are treated in this country and how bloody greedy 90% of large corperations have become at the expense of the customer. So much for being a country for the people, by the people and of the people rant over..... |
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| jenni | Mar 22 2007, 11:59 AM Post #17 |
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I totally agree with you steve. when I watched the programme last night I just felt that it was all things I had heard before - nothing on it shocked me. That to me is terrible. I as a consumer should be shocked to hear such things about how customers are treated by big businesses but they are all doing it these days and why is this .... because nobody on high will take action  Like that woman from Barclays last night - said everything the general public would expect her to say like how disgusted she was and how none of it was Barclays policy but you just knew that if anything was done it would be an internal investigation and everything would be hushed up. This is what has to stop and now. People should be publically humiliated for what their companies do to its customers not be allowed to hush it up. Maybe we should find somebody official who will talk to us about our complaints and at least say they will look into them |
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| lizzy | Mar 22 2007, 12:16 PM Post #18 |
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yes, I totally agree with all the above. The problem seems to be that nobody with enough clout so to speak seems to want to put a stop to all this crap thats being dished out to the general public. I just keep on hoping that someone, somewhere will say enough is enough, maybe we should all withdraw our money from the banks, until something is done about it, can you imagine the devistation that would cause.  Lizzy |
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| Steve_G | Mar 22 2007, 12:19 PM Post #19 |
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thats because these companies pay more into the economy than we ever could do individually.... sad but very true |
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| viplosh | Mar 22 2007, 12:37 PM Post #20 |
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Steve It is time for the authorities to act. The civil course is now not relevant in all cases. Many of the cases we are reading are now potential cases of outright FRAUD. I say and I say again that staff at YCC have been lying to extort money from customers,have hidden material facts by way of deception and have acted in ways against regulations and law.This in both their communications and agreements. Contact the OFT in London reference Andy Sands and explain your position. The CCL needs to be revoked and DAF closed down and the files put into the hands of the police and OFT. Then cases can be looked at fairly. You should ask that the police and the OFT to interview Mr Plowman and that he can then have an opportunity to answer the allegations directly with them. I would recommend you also contact New Scotland Yard and ask for the fraud unit and ask them the procedure to commence your complaint against YCC/DAF. Steve If you have the mettle to do this you may see some results and justice. The time has come enough is enough.
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