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| Deposit; deposit taken off insurances??? | |
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| Topic Started: May 3 2007, 06:58 PM (416 Views) | |
| lbags | May 3 2007, 06:58 PM Post #1 |
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Hi all, first thanks for a great informative site. This has more than likely been asked before, but here goes. the company chasing for settlement of remaining balance on the loan taken out for a car from ycc, DAF. have passed collection of monies to a company called red castle recoveries, now after they have come up with all sorts of sums ranging from £400, to just over £1700, for me to settle, i wrote to them asking why on the agreement, the deposit paid against the car was taken off the monies for insurance, and not off the price of the car, i was informed by letter, that this was normal practice, could anyone clarify? also as i was forced to take out insurances anyway. but again they say as all the boxes were ticked on the contract, i was deemed to have accepted the terms, and could have gone elsewhere for credit. even though told by salesman i would not get credit with anyone else, after trying with DAF. I wonder if anyone else was told the same . Thanks for taking time to read and keep up the good work |
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| Bakedalasker | May 3 2007, 07:23 PM Post #2 |
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www.saynotoyes.co.uk
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Ibags, welcome to our forum.We were all told the same or a similar story. As you can see from the stories of this forum YCC were an unprofessional company that got found out hence why they are not in business lately. Anyway back to your issue. Putting the deposit against the insurance was normal practice for YCC but it is wrong and makes the agreement improperly executed. You can tell Red Castle this and if they want to argue with you elaborate a bit more with this evidence: - 1. Because the deposit was put against the insurance and not the car your liability rights are incorrect. 2. The amount you have to reach the VT stage (50% mark) is wrong as if the deposit was against the car then this amount would have been less than what is on the contract. 3. Also the amount where YCC have to apply for a court order (1/3rd of the total amount) to repossess the car is wrong due to the deposit being put against the insurances. 4. These are all legal arguments that couold make the contract unenforceable. Also inform Red Castle you are putting the debt into dispute as you are requesting all information from them about you through the Data Protection Act. Tell them you will be sending then a SARN and they will have 40 days to supply you the info. Have a look at our template forum for the letter. When you tell them all this dont be surprise if they hand the debt back to DAF. |
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| lbags | May 3 2007, 08:44 PM Post #3 |
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Many thanks for the info will take your suggestions and put them to red castle in the letter from them it states that the deposit is always taken from the insurances at the advice of the office of fair trading (possibly telling a little porkie then ?) will keep you informed what happens Many thanks |
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| Bakedalasker | May 3 2007, 08:56 PM Post #4 |
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What!!!!!!!!!!!!!! OFT telling them that and you have that in writing. |
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| lbags | May 3 2007, 09:02 PM Post #5 |
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Sure do would you like a copy? |
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| shanemjoyce | May 4 2007, 01:17 AM Post #6 |
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Ibags Hi there I would like to see a copy of that too.If you dont mind Cheers Shane |
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| Bakedalasker | May 4 2007, 06:17 AM Post #7 |
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www.saynotoyes.co.uk
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Yes please. Can you scan it to me at Bakedalasker@saynotoyes.co.uk Thank you |
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| lbags | May 5 2007, 09:09 PM Post #8 |
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Hi Baked sorry for delay in response, hope you got the copy ok. Thanks |
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| lbags | May 5 2007, 09:13 PM Post #9 |
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Hi shane, thanks for your post, have mailed the letter to baked, but as it contains account details, i would rather just baked has it for now, hope you understand this will await his findings Thanks |
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| shanemjoyce | May 5 2007, 09:36 PM Post #10 |
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Hi Ibags No Problem. Im sure Baked will be able to give any advice once he has seen it Shane |
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| Bakedalasker | May 5 2007, 09:58 PM Post #11 |
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Thanks Ibag, received the letter. I will be back in touch with you regarding this. |
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| Bakedalasker | May 8 2007, 06:43 AM Post #12 |
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Hi Ibags, I have been thinking about your issue here. I'm going to try and get some advice from our legal bods on this,waiting for the bank holiday to pass before I can do anything. What they have put in that letter is a lie. The OFT just dont do things like that. This can be considered harrassment which is against the OFT guidelines. Besides advising you what to do as mention abouve, DPA to Red Castle I believe we can use letter to our advantage: - 1. We can write to Steve Plowman the main man at YCC. He is responsible for which DCA's they use and their conduct. By sendinghim a copy of this letter will force him ot act you would think. 2. We can send a letter of complaint to the OFT. As we have proof this might force the OFT to act. 3. We can reply to Red Castle informing them that the OFT statement is a lie. Also we are considering reporting them to the OFT and will be writing to Steve Plowman. I will write a letter for you today. i will also try and get advice from our legal guys to see if we can use this further. |
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| lbags | May 9 2007, 01:08 AM Post #13 |
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Hi baked, sounds great to me, just so pleased i came on here looking for help, maybe a little light at the end of the tunnel, heres hoping , many many thanks for all you and others are doing to help. i have already sent them a letter for harrassment and to say i would be sending them a sarn as you suggested, will let you know if they get in touch again Thanks Thanks Thanks lbags |
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| lbags | May 14 2007, 03:18 PM Post #14 |
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Hi, have just received a letter from red castle to state ,that the deposit was clearly set out on the agreement as to where it was deducted from, and none of the information concealed, and there is no valid dispute, as i could have left the dealership with no obligation to sign. No mention of being told i would not get credit elsewhere to buy a car after applying with ycc. and no mention of the fact i was told that if i wanted the credit i had to accept insurances. What to do now ? |
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| Bakedalasker | May 14 2007, 03:44 PM Post #15 |
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Sent you an e-mail to send to Red Castle. From that make up a letter to Steve Plowman asking if they said that the deposit should be put against the insurances was OFT advice. His e-mail adress is: - Steve.Plowman@directautofinance.net |
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| lbags | May 14 2007, 07:00 PM Post #16 |
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Letter written baked and in post many thanks for your help am emailing mr plowman tonight. lbags |
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| Bakedalasker | May 14 2007, 07:02 PM Post #17 |
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Good but forgot. Not given you an OFT e-mail address. |
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| lbags | May 14 2007, 07:14 PM Post #18 |
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think i should be able to find it online baked unless its a local site ta |
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| lbags | May 18 2007, 09:23 PM Post #19 |
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Just to keep up to date, no reply as yet from either red castle, or Mr Plowman , strange though they usually respond within 48 hours lol. will keep up to date lbags |
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| Bakedalasker | May 19 2007, 07:09 PM Post #20 |
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:rolleyes: It might be worth e-mailing Steve Plowman again. These guys have got a history of "not" receiving mail. |
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Ibags, welcome to our forum.
9:25 AM Nov 27