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| In Court Today; Ycc | |
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| Topic Started: May 1 2007, 08:11 AM (578 Views) | |
| mr mole | May 1 2007, 08:11 AM Post #1 |
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Good Morning all, big day today in court to fight daf at 10 30 going along the lies of mis sold ppi and illegal re possesion of car , will let you know the outcome regards david |
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| jenni | May 1 2007, 10:14 AM Post #2 |
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good luck to you (although you will already be there :lol: ) and keep us posted |
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<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. ****************************************** 
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| jamiesimon | May 1 2007, 08:11 PM Post #3 |
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good luck m8 dont let them buggers breath only kidding!!!!! |
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| mr mole | May 1 2007, 09:49 PM Post #4 |
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went to see judge at 10.30 , their solicitor was only instructed yesterday ad was not clued up, the judge went through my statement and and asked the solicitor where in the contract they could charge 15 and 25 poud sfor late payment, he could not find that so the judge removed those figures from what i "owe", then he asked why they had charged 19 pounds for a v5 document when i had returned it and removed that element, he also commented on the fact that on the collection sheet from Armstrongs there was no where to say documents had been handed over, he then asked why i had not taken the car back to warrington, i explained that the depot had shut down and that then DAF said they would collect it from my home adress he then removed the 235 pound collection fee, at this point we had been if for 35 minutes when the case was listed for 30 mins only, i he then read my steement again , saying that even though we had been there for over six hours and were cold tired and hungry with 2 children we were not held at gunpoint to sign, he understood this point , then i pointed out that we had not received any insurance documents at all so in the event of any claim we did not know who to approach, at this he was horrified and then said he was adjourning the case as by now we had been in almost 1 hour, he instucted the solicitor from DAF to produce by way of service by 5pm two weeks from today any copies of insurance ocuments that were signed , then i have 2 weeks to respond and a final hearing at first avaiable date after that the same judge.all in all i good day for me i think so the battle goes on with a least a partial cost deducted from they are claiming with costs reserved. also i told the judge that there was a mass action going on against DAF, he took note of this.he then asked why i had not had leagal advice told him that Stevensons wanted 500 deposit on acount, and i did nnot have that amount as spare cash. the matter was then adjourned |
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| whistleblower | May 1 2007, 09:58 PM Post #5 |
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It will be interesting to see what insurance documents they come up with! Glad it all went to plan, well done! |
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<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 ******************************************
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| mr mole | May 1 2007, 10:20 PM Post #6 |
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i never signed any documents at all lets see whatthey produce now out of the hat , up to now nothing has been shown in disclosure from daf at all to do with insurance documents will keep you posted soon as i know anything, thanks to one and all for help given could not have got so far without everyone david |
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| jenni | May 2 2007, 07:56 AM Post #7 |
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what they may try to produce is sheets with the terms and conditions of your insurance policy on and the exclusions list. DAF claim that these are your insurance policy certificates. I disagree as I think they should show correct information like repayment dates; any money added as fees etc. It would be interesting to see what somebody like a judge views this like if this is what they produce. anyway congrats on getting the charges taken off. this should have set a prevedence now for others if the judge takes the view that if it is not listed it can't be charged. good luck with the next stage and let us know what happens |
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<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. ******************************************
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| whistleblower | May 2 2007, 08:20 AM Post #8 |
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Ask your solicitor to get DAF to produce the following information regarding the sale of the PPI insurance to you. Policy summaries. Demands and Needs statement. Statement of price. Both the DNS and Statement of price would of required your signature. Also advise your solicitor that DAF were regulated by the FSA. Steve Plowman being the CEO was accountable for these practises. However they are now no longer authorized for insurance sales but still in business. Good luck! |
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<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 ******************************************
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| mr mole | May 4 2007, 11:57 AM Post #9 |
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received paperwork from them today Golds has now merged irwin Mitchell solicitors, enclosed is a witness staement from someone i have never heard off, they say and i quote "the claimant submits that the fixes sum credit part of the agreement is eveidence of the insurances,hovever annexed at appendix b is a true copy of the payment protection insurance evidence of coverthe gap insurance certificate and a copy of the warranty policy booklet. the ppi was provided by the national insurance guarantee companyltd trading as NIG in respect of disabillity and involuntary unemployment,and criterion life assurance,limited in respect of life insurance benefit.The policy holder is direct auto financal services ltd, the claimant.Inthe normal course of events the insured (defendant) would contact the scheme administrator;advent administaion soulutions ltd, the sheme administrator would then send a cliam form to the customer and comletion and return and asses the claim." "It can been seen that the defendant had the benefit of of the gap insurance from when he took delivery of the vehicle or the date of the finance agreement.it again refers to the insured electing to take the gap insurance"Long winded gobbledygook i think, this is the first time that i have seen andy insurance documentation at all, nothing has been revealed in any earlier disclosures, the copies i have received have been photocopied many times and hard to read. regards david |
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| jenni | May 4 2007, 01:28 PM Post #10 |
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so this witness statement has probably been sold by somebody at DAF who was not present when you took the car from the showroom. what have they produced as evidence for the PPI? I have a green document from them which shows the terms and conditions and the exclusions. This includes all the info you have quoted about NIG. However, when I tried to claim it was in fact a company called ConnectMI who dealt with the claim and not NIG. Advent told me I had to ring DAF and not speak to them about it. did you elect to take the GAP insurance or were you told you had to have it? we need to discredit this witness statement by the sounds of it. Can you get a name from the statement and where they work and the position they hold etc? |
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<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. ******************************************
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| whistleblower | May 4 2007, 01:34 PM Post #11 |
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Hi there, a good brief will make mince meat out of this. As you say this is the first time you have ever seen these 'certificates' Did you know you were sold insurances on the day? were you eligible to be sold PPI? were you made aware of the costs? As I mentioned in my previous post and to comply with FSA the following information needs to be at hand before the deal is complete; * Policy summaries. * Demands and Needs statement. * Statement of price. All require your signature on the day! YCC are no longer authorised by the FSA, I wonder why? and I'm sure that Steve Plowman couldn't wait to get his name removed. However he is still responsible and accountable to the FSA for the time he was authorised and can still be prosecuted. Lets get these individuals brought to justice!!  |
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<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 ******************************************
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| mr mole | May 23 2007, 09:38 PM Post #12 |
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Good evening all, latest in ongoing case, received a lot of photocopies fron daf which show nothing at all, now letter in from court and that says i quote upon hearing the representative for the cliamant and the defendant in person it is ordered that 1 the claimant shall file and serve by 4 pm on 8th june 2007 evidence containing 1. a details of the parties refered to in the subject agreement b details of any commisions of fees received on the sale of such to the defendant c the date and the manner in which copies of such policies were supplied to the defendant. 2 the claimant shall give disclosure of documents to relating to the said policies and of their supply to the defendant by the supply of copies by 4 pm on 8th june 2007. 3 leave to the defendant to file at court and serve a copy on the claimant of any evidence in response within 14 days after compliance by the claimant with paragraphs 1 and 2 of this order 4 adjourn until 9th august at 100.am allowing 45 mins 5 costs in the case to date nothing has been received in this order the clock is ticking , dave |
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| mr mole | May 23 2007, 09:42 PM Post #13 |
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hi jenni, sorry mis read your last post , i was told all along that i had to take these insurances and that as they say optional no they were not , the witness statement is from someone at irwin mitchell a trainee solicitor someone who was not at daf anf who i have never heard of dave |
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| jenni | May 23 2007, 10:24 PM Post #14 |
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do we know who irwin mitchell are? are they what golds is called now? this part about them having to say if they gained commission for selling these products is a good one as if these sales were commission based it may add weight to the fact you claim they were forced upon you also an order like this they will probably leave right til the last moment to file unless of course they know they are gonna be up "poo" creek and they just back down |
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<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. ******************************************
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| Steve_G | May 24 2007, 10:56 AM Post #15 |
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could be a good predent this one, would love em to supply all info then get shot down |
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| mr mole | May 24 2007, 06:49 PM Post #16 |
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Hi Jenni and all,  Golds have now re branded or whatever they call it these days to Irwin Mitchell, still no reply, from them,. will keep you posted dave
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| mr mole | Jun 4 2007, 10:45 PM Post #17 |
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Good Evening all, now june 5th at 23.44 and still nothing in the post from DAF they now only have 56 hours to produce the documents the judge instructed them to do, will keep you all informed,if we all keep fighting them we will beat them just dont worry over thrm the judges at the courts are very freindly as long as you turn up and state your case , dont be scared of going to court , it is not a bad experience at all keep smiling Dave |
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| mr mole | Jun 6 2007, 12:41 PM Post #18 |
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Good afternoon all, letter in today from Irwin mitchell i quote from letter I have sought clarification from the claimant concerning commisions of fees received on the "sale"of insurance policies to customers.It has been confirmed to me by (complaints specalist at daf Name removed)that when the insurance policies were "sold" to customers THE RELEVANT SALESPERSON RECEIVED A COMMISION FOR EACH POLICY SOLD. I am unable to discolse the actual figure of a commisson paid in rel;ation to this case, albeit the commision rat and commision received by the salesperson at the time was indusrty standard in a direct sales enviroment. In addition to this i feel the information relating to commisssions rates to be a buisiness sensitive and should not be divulged;simply the fact that commision was paid should be sufficent. now think that daf are up the creek without paddle in fact without canoe or even a creek. if i have read the letter correctly and i have quoted it above this shows that the policies were not optional look forward to replies on this one we are getteing there now just need to wait for the judge in August dave |
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| jenni | Jun 6 2007, 01:05 PM Post #19 |
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i think the fact that they have clarified that commission was paid on sales of insurance makes it highly likely that pressure tactics and wrong advice were given to the customer to make them sign so members of staff made money - hope the judge forces them to disclose how much :lol: |
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<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. ******************************************
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| asboath | Jun 6 2007, 04:14 PM Post #20 |
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Hi Dave, great news hope works for you then could help us all!!!(check out my last post see what u think so far) Not trying to be stick in the mud, is it not usual for salespeople to earn commission on sales?? Did you have to ask judge for them to prove that these people where actually paid commission and do you know if this is illegal or against industry regulations?? How do we actually prove that these where mandatory and not as they claim optional?? Anyone able to answer these questions??? Sorry i don't mean to sound negative but if we are all going to challenge these robbing a*****es we have to gather as much advice as we can. cheers folks |
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