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| Miss Use Of Settlement Figure, Unauthorized Direct | |
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| Topic Started: Mar 5 2007, 05:34 PM (152 Views) | |
| James | Mar 5 2007, 05:34 PM Post #1 |
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Dear SAYNOTOYES 1. I am writing to inform you about problems I am having with Yes Car Credit, these problems have been ongoing for a while but due to the nature of my job as a Naval Officer I find I hard to allocate time to them as I am away for large chunks of the year. Demand For Refund Of Payment Protection Cover 2. I purchased a car from Yes Car Credit in May of 2004, and I was miss sold payment protection cover. 3. I am a member of the armed forces and will never be in a position to claim under this cover, as I will always be paid in the event that I am unable to work due to illness or injury. 4. The salesperson at Yes' Plymouth branch was aware of my employment status at the time of the sale but I was still sold the cover. 5. I have applied to them to cancel my payment protection cover and reduce my monthly payments to reflect this, I would also like a full refund of the cover that I have paid for in the past including the March payment this is currently £54.06 for 34 months giving a total of £1,838.04 6. I was also miss-sold a warranty and Gap insurance, I was lead to believe that these products were a necessary part of the PPI (which was sold as ³Payment Protection Warranty and Insurance² not as 3 separate products) and that I would be refused credit without them, a breach of FSA rules under their consumer protection objective. 34 monthly payments of £20.18 total £686.12 for the warranty, and 34 payments of £10.87 total £369.58 for the Gap insurance. 7. In summation all three product miss sold to me total £2,893.74. Settlement Payment Made In September 2006 8. In addition to this matter, In August of 2005 I applied 3 times for a settlement figure and received nothing, so in exasperation I stopped my direct debit and sent them a cheque for what I believed to be the figure, a week later I was informed that I had paid too much and after one month the difference was refunded (after much hounding), I was then told by Yes that my account with was closed. In April of 2006 a letter was forwarded to me from a my previous address telling me that I still owed money, I called explaining that I had paid a sum in settlement and had received a refund, this was checked and I was told that the mistake would be rectified 9. On returning from overseas service in October I received a letter from Yes informing me that I still owed in excess of £5000 this was confirmed when I checked www.checkmyfile.com. After speaking to one of their representatives I was able to deduce that they had held the money that I paid in settlement and used it to pay my monthly installment until it was used up. 10. It transpires that Yes had sent me a letter in November explaining that they had made a mistake in sending me a refund as I had in-fact paid too little and not too much in settlement, unfortunately having been told that my account was closed (admittedly by phone) I had left them with no forwarding address when I moved on with the service. 11. In addition to this a direct debit was set up in September of 2006 by Yes, to start taking this money from my account, this direct debit was not authorized by me, in fact I was in a submarine and therefore unable to be contacted for the whole of September. 12. After discovering the direct debit had been set up I contacted my bank and was informed that if that direct debit was set up without my permission I was entitled to any sums taken to be refunded to me under the Direct Debit Guarantee, with that in mind I decided that in order to protect my credit rating I would continue to pay while the matter was being settled. 13. I e-mailed them at the end of October 2006, giving specifics (amounts / dates) of the above, this was intended to elicit a response and hopefully a solution I received nothing. 14. In addition I emailed them and sent them a letter on the 26 Feb 2006 demanding a refund for my PPI and a solution to the settlement problem outlined above but they have denied receiving it so I shall re-send it tomorrow via recorded delivery. 15. I have informed Yes that failure to respond to my letters will result in me canceling my direct debit and demanding a refund under the Direct Debit Guarantee and passing details of this to the FOS. Any help or advice you could give me would be fantastic. |
 
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| Bakedalasker | Mar 5 2007, 06:06 PM Post #2 |
www.saynotoyes.co.uk
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 James,Just a couple of things I have got to point out to you: - 1. When you brought the car from YCC they were not regulated by the FSA. 2. PPI also covered being made redundant which they could argue against you. Saying that though still go ahead with your claim for PPI. This is a hot topic at the moment and we are finding some of our users are getting refunded by just writing to YCC. The main reason being self employment. In your situation being in the forces I think you stand a good chance as it is not known for officiers to become redundant especially knowing what length contracts you guys sign. It looks to me YCC are chasing you for the full balance. You tried to VT your car in August 2005 so your final settlelemt should have been the instalments up to May 2006 plus the remaining 2 years insurances. As they have not "recognised" your VT they have conned you into the full balance hence the excess of £5000. Typical YCC. Anyway the fact is if they do threaten court action with you I believe oyu have a case against them using some legal arguments we go on about on this forum. If it comes to that then let us know and we will go from there. |
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| jimbetch | Mar 5 2007, 06:22 PM Post #3 |
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Thanks for your reply BAKEDALASKER, I am confident that I was miss-sold the PPI, as Yes have a dedicated Armed Forces Liason an ex army officer who agreed (over the phone) that as a member of the armed forces PPI was un-necessary. At the time of the sale I was in the second year of a 12 year comission which is a guaranteed job from the MOD for 12 years. The length of my contract with Yes was only 4 years. Cheers |
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| Bakedalasker | Mar 5 2007, 07:05 PM Post #4 |
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Jim, thanks for your reply. Another thing that I have thought about is the VT. They are chasing you for full payment of the agreement. I am wondering it they served you a default notice. They would have ot have done that before they could chase you for full payment. If it gets to threatening court action it might be worth doing a Data Protection request ot them. Lets see how they respond first. |
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| jenni | Mar 5 2007, 07:08 PM Post #5 |
www.saynotoyes.co.uk
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with this information then I would definitely seek a refund of PPI as there is no way that the being made redundant clause would be applicable. keep fighting and good luck |
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| viplosh | Mar 6 2007, 10:00 AM Post #6 |
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Why was a DDM set up without your authority? Was this done fraudulently??? I would check this. 
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| jimbetch | Mar 6 2007, 12:52 PM Post #7 |
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Yes the DDM was set up with out my consent, I spoke to my bank and was told that it was set up in Sept 06, at time when I was on a Submarine deployment which I can prove. Yes will not be able to provide a signed DDM. My bank said that I am entitled to reclaim money taken in this way, but I need to find out where I stand with regard to my issue of settlement, is there any point claiming the money back only to end up paying it to Yes in the end if I am found to still owe them money? Cheers Jim |
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| viplosh | Mar 6 2007, 03:32 PM Post #8 |
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The potential fraud of taking a DDM without your consent may weaken their claim against you. You should get proof that you definately did not give consent as the DDM 's do not need signature to be reinstated if they already have a signed mandate. DDMs can be set up over the phone or electronically without signature nowadays. No doubt they will argue that you gave verbal consent .You will need proof you did not. A fraud allegation made against them may get them jumping about a bit if you have proof. Good luck.
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| viplosh | Mar 6 2007, 03:44 PM Post #9 |
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Also another point I have noticed they had already stated you were clear with them. To reinstate payments they should have surely got your consent not just assumed. you were happy. They are in the grey area of potential fraud here. Surely they also needed you to agree the figure you owed them after you had been told the balance was cleared. I am not sure that the debt is enforcable now due to their actions. I would speak to the lawyer and make these points. Maybe the police could interview YCC and find out why they established a DDM without your consent. I would claim the money back under the DDM bank guarantee as this proves your side that you did not consent and get your bank to back you up. If YCC then want to pursue you directly defend youself on the basis of the above points and say you are refusing to pay as you suspect fraud and negligence and will pursue this if they persist to the authorities if necessary. Good luck
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| jimbetch | Mar 7 2007, 02:35 AM Post #10 |
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Thanks for your reply viplosh, I'm going to see how they reply to my letter and if I am not satisfied, (which is likely let's face it) I have told them I intend to cancel the DDM and get a refund. Last time I had any real correspondance with them I found turning of the tap was the best way to promote a dialogue. Will keep you informed. |
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