Can Anyone Help Re: Ppi And Credit Agreement

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Can Anyone Help Re: Ppi And Credit Agreement
Topic Started: Mar 5 2007, 01:03 PM (201 Views)
sarah.	Mar 5 2007, 01:03 PM Post #1
Posts: 7 Group: Members Member #1,093 Joined: March 5, 2007	everyone! I have been reading this baord since about 10am and have come across three things that are relevant to my case. Brief outline: We bought a car from Yes in Bristol in March 2003. Got ripped off by the salesperson telling us we had to have PPI, Gap and warranty insurances or no credit. My husband was self employed - this was stated as the reason for having to have the insurances. Like fools we signed, drove away etc. Made payments of 199 a month (138 for the car and 61 for the insurances) on time for 2 yaers, then did a voluntary termination as per the agreement. So returned the car to the showroom. Have a letter dated july 2005 confirming car all paid up but that we owe nearly Ł1500 for the insurances. We have been paying Ł20 a month since then so the debt is now around Ł1300. I had a phone call saying our account had been sold to soveriegn credit collections (or similar) and this guy starts phoning hassling us for more payments. I stand my ground (after all, I have never seen a penny of this money we are claimed to owe) and he agrees to keep repayments the same. So we keep paying. Over the weekend I spoke to a lawyer friend of mine who has a read of my agreement. Issue 1: The agreement has no agreement number, no date and most importantly, no SIGNATURE from DAF anywhere. Issue 2: The insurances were mis-sold as they were stated to be compulsory. Issue 3: My husband was self employed at the time (have books to prove it) but the records say he was employed. Which means that any PPI wouldn't be valid anyway. I have spoken to the solicitors mentioned on this site and someone is going to call me back next week and have also spoken to CAB. I also called DAF this am and a lady there (very helpful!!) told me I had a good chance of claiming money back and to send everything to someone called Michelle and they will take a look at it. So, thats my outline - does anyone have any other input for me? Have I got a claim? The woman at DAF said I could be refunded more than is outstanding on my account. Is this possible? Sarah x



viplosh	Mar 5 2007, 01:43 PM Post #2
Posts: 67 Group: Silver Member Member #1,039 Joined: February 15, 2007	Sarah It looks a clear case to me of PPI misselling. If I was you send the proof that your husband was self employed at the time of purchase and request a refund of all the PPi Insurances paid from DAF. If this is more than you owe them on credit request a cheque from them for what they owe you or ask them to clear your liability in full. In any event if you are left owing a balance due to DAF the loss of interest to you in not having the money you were paying them in premiums for the period should cover you to ask them to close the account now!! Good luck



shanemjoyce	Mar 5 2007, 01:56 PM Post #3
Posts: 42 Group: Members Member #1,094 Joined: March 5, 2007	Hi All Its been a while since I have been on here as I have not heard from DAF for over 8 months. My case was with MOORS (Who I have heard nothing from in 8 months) and I had a letter from Golds telling me that all correspondance should be through Golds and MOORS 8 months ago. Last week I recieved a letter from DAF once again demanding payment and threatening me with Court action. I have sent today the template letter to DAF requesting disclosure of all documents. I think it is called SARN and enclosed a cheque for Ł10.00. I noticed when going through my documents that the original "contract" has not been signed by anyone at DAF. There is a signiture in box 6 to witness me signing the contract but no signiture at the end of the document which is just before the Direct Debit Mandate Can anyone tell me if this makes this document VOID Many thanks and keep up the good work Shane



sarah.	Mar 5 2007, 01:56 PM Post #4
Posts: 7 Group: Members Member #1,093 Joined: March 5, 2007	Ahhh thanks for that!! I hate hate hate paying them each month, so just knowing they may have to close our account makes me very happy! Do you know where I stand with the unsigned agreements? My lawyer friend said he thought that because it isn'e signed or dated br DAF, none of it is legal. Therefore in theory we could claim back every penny we have paid them?! Not reading too much into that though - tbh I just want them to close our account and stop harrassing us. Although, having said that, I am more than happy to go as far as I can in seeing these b ds pay financially for how they have treated people - how much would they hate having to pay back all we had paid them? :lol: Sarah x



shanemjoyce	Mar 5 2007, 02:14 PM Post #5
Posts: 42 Group: Members Member #1,094 Joined: March 5, 2007	Hi there Sarah I take it that your Contract has not been signed either?????? Before you get your hopes up though im not sure if this will stand or not. have just noticed this and am awaiting any expert advice there is on here. The only signiture is the signiture in box 6 which is a witness to the fact that I signed the contract. There is no other signiture on it Wonder where we stand now.........



sarah.	Mar 5 2007, 02:35 PM Post #6
Posts: 7 Group: Members Member #1,093 Joined: March 5, 2007	no, not signed by DAF anywhere, nor dated, nor given an agreement number. They are so dodgy its untrue - I am sure I enough grounds to stop them claiming any further payments from me - hopefully you do too? I am waiting to hear back from CAB and will then proceed, and I will go as high as I can with this. Have already drafted letters for each stage and will fight as hard as I can. sarah x



shanemjoyce	Mar 5 2007, 02:38 PM Post #7
Posts: 42 Group: Members Member #1,094 Joined: March 5, 2007	Good for you sara Heres hoping Let me know how you get on. Im right behind you on this one Cheers Shane XXX



Bakedalasker	Mar 5 2007, 03:37 PM Post #8
www.saynotoyes.co.uk Posts: 2,351 Group: Members Member #30 Joined: May 29, 2005	Sarah and Shanemjoyce. Going on your stories both your contracts are unenforceable. Thats means you can claim all your money back. Sarah, in your situation I think its a case of just claiming back everything as you dont have the car anymore. I believe you can do this and I would certainly look into it. I am please to see you have spoken to Stephensons so I'm comfortable to know you are in good hands. Your case is different to most users on here who have been in touch with them. They are trying to stop DAF claiming while with you they will be claiming against DAF. A bit of their own medicine on them and about time to. Let us know what Stephensons say. Shanemjoyce, as you still have the car what I would do in your situation is write to Steve Plowman at YCC. Inform him that your agreement was not signed for and you know it is now unenforceable. Then elaborate and tell him you are entitled to claim all your money back. From that if you want to keep the car then make him an offer. I would personally ask to cancel the agreement and keep the car as final. I would have to leave this bit to you what you want to do. Whatever you do keep us informed. Any problems you know where we are.



gRoberts	Mar 5 2007, 03:43 PM Post #9
Posts: 86 Group: Silver Member Member #484 Joined: July 26, 2006	Are both copies of your agreement unsigned? I have an agreement that I signed on the day that a member of staff signed but I also have one that was sent out in the post, which isn't signed. ?



shanemjoyce	Mar 5 2007, 03:55 PM Post #10
Posts: 42 Group: Members Member #1,094 Joined: March 5, 2007	Hi Bakedalasker I have VT my car many months ago. They are still trying to do me for the PPI. I am now going to try claim back all that I have paid. Will keep you informed S



shanemjoyce	Mar 5 2007, 04:07 PM Post #11
Posts: 42 Group: Members Member #1,094 Joined: March 5, 2007	ME again Im gonna write to Steve plowman and put up my case What is his address. Thanks S



ray109	Mar 5 2007, 04:34 PM Post #12
Posts: 5 Group: Members Member #585 Joined: September 20, 2006	Direct Auto Finance (Yes Car Credit) Springfield Road Horsham West Sussex RH12 2RG



shanemjoyce	Mar 5 2007, 04:40 PM Post #13
Posts: 42 Group: Members Member #1,094 Joined: March 5, 2007	Cheers Ray Didnt know if he had a different address or not. S



rippedoffbigtime	Mar 6 2007, 08:12 PM Post #14
Posts: 25 Group: Members Member #928 Joined: January 18, 2007	gRoberts Mar 5 2007, 03:43 PM Are both copies of your agreement unsigned? I have an agreement that I signed on the day that a member of staff signed but I also have one that was sent out in the post, which isn't signed. ? Hi, Iv'e just got my contracts out to check them, And like you gRoberts i have 2 identical agreements, 1 was given to me at time of purchase at the supplies premises NOT SIGNED BY DAF And the second 1 was sent to me by post, WHICH IS SIGNED BY DAF



jenni	Mar 7 2007, 09:32 AM Post #15
www.saynotoyes.co.uk Posts: 1,476 Group: Saynotoyes moderating team Member #333 Joined: March 6, 2006	no they have done this with most peoples agreements and because your signature will be on both (the 2nd will be a photocopy), this is how you are legally bound. THey are not breaking the law in doing this because the law states they have 7 days in which to send an agreement that has been signed by them
	<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> **************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ****************************************


sarah.	Mar 7 2007, 01:43 PM Post #16
Posts: 7 Group: Members Member #1,093 Joined: March 5, 2007	jenni Mar 7 2007, 09:32 AM no they have done this with most peoples agreements and because your signature will be on both (the 2nd will be a photocopy), this is how you are legally bound. THey are not breaking the law in doing this because the law states they have 7 days in which to send an agreement that has been signed by them I have 2 copies, both unsigned. One has been signed by my husband, the other has no signatures from anyone. Noteven the DD bit of it is signed (on either form). Can they get round this any way? I mean, can they sign a copy now and say it was done then,if you see what i mean? Because if not, YCC owe me around Ł6000 (although I would be more than happy with the outstanding amount cancelled!). Have spoken to Stephensons again, they have opened a file and I have now sent a copy of all documents to them and will await thier opinion. Thanks all sarah x



jenni	Mar 7 2007, 06:14 PM Post #17
www.saynotoyes.co.uk Posts: 1,476 Group: Saynotoyes moderating team Member #333 Joined: March 6, 2006	did you pay by direct debit? how did they set it up with your bank without a signature? and the likelyhood is YCC will just produce a signed agreement - whether stephensons accept it is another matter
	<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> **************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ****************************************


whistleblower	Mar 8 2007, 08:48 PM Post #18
www.saynotoyes.co.uk Posts: 2,649 Group: Admin Member #1 Joined: May 13, 2005	Quote: Issue 3: My husband was self employed at the time (have books to prove it) but the records say he was employed. Which means that any PPI wouldn't be valid anyway. It depends here which PPI you were sold being self employed. If you were sold life cover or sickness cover there has been no misselling. However if you were sold PPI cover for redundancy it has been mis sold. You need to qualify what cover has been sold!
	<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> <FONT COLOR=RED>Vanquis credit card is owned by provident Financial.Typical 39.9% APR variable Say No! </FONT> Are you having problems with Yes Car Credit or a debt collection agency? Make your complaint direct to the Office Of Fair Trading and BBC1 Watchdog below:. James.MacDougall@oft.gsi.gov.uk or telephone 08457 22 44 99 watchdog@bbc.co.uk or telephone - 020 8535 1000 **************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts ****************************************


jayden	Mar 8 2007, 09:31 PM Post #19
Posts: 7 Group: Members Member #436 Joined: June 9, 2006	HI Ive just been reading everybodies comments. One comment mentioned that you should contact Michelle at DAF. I have actually just managed to reclaim my PPI after being mis sold and VT my agreement. I wrote to Peter Crook at provident and Steve Plowman time and time again with no response but eventually i had a response from Michelle French from DAF, I have her email address should anybody need it however im not sure if contacting her direct would be of any benefit as i went through the above mentioned. It took me ages as they are so unwilling to accept liability. If you want the email then pls just ask. Good Luck!
Posts: 7 Group: Members Member #436 Joined: June 9, 2006


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