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| Paying The Insurances-daf; i paid 50% of balance and terminated | |
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| Topic Started: May 16 2007, 07:35 PM (436 Views) | |
| asboath | May 16 2007, 07:35 PM Post #1 |
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How can this be??? I took out a car agreement with Yes Car Credit in January 2005, I was told at the time as my credit score was not good this would help rebuild, fine yes that i agreed with,i was told i can as long as i have paid half of the outstanding balance return the car to them and pay no more. That is exactly what i have done. I was told i would have to pay £80 for them to collect the car or i can return it in person, it is only 450 miles from me to Leeds where they wanted the car, stupidly ipaid the £80. This i thought would be the end of the matter! Oh not at all. I had taken out warranty insurance and GAP insurance, they are now chasing me for the rest of the outstanding balance of these. Phone calls on a weekly basis, at first i told them i was taking legal advice and they could not get of the phone quick enough. Now i am getting no where fast with this. They tell me the insurances are a different agreement and i need to pay them , i asked why when i was told i can give the car back after 50% had been paid and after two years why the insurances where only for the 48 month period, i certainly was not advised to only take them for 2 years. They argue they paid the insurers at the beginning and they are now seeking back there money from me. Surely they can go to the insurers and get a refund. Why when i have no car covered by these insurances should i have to be still paying for them? The original amount was for £735 or if i paid in one installment it would be £620, unbelievably they called me last week and said if i paid in seven days i would get away with paying only £460, so the next question is why the sudden fall in a settlement figure if paid in a oner? Any idea's would be welcome. Thanks |
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| Bakedalasker | May 16 2007, 08:40 PM Post #2 |
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 Asboath, welcome to our forum.Your story is oh so familiar with us. Also so are your questions. YCC claim they buy the insurances up front. Not particularly true but practically impossible to prove not. They cannot get a rebate from the insurance people because they dont actually pay up front. From what I understand they rely on people not claiming. So when they get a claim that they cannot flob off they then rely on those of us who are not claiming. So if 1 claims it gets paid for by 9 that dont claim. In laymans terms they pocket the money from those who dont claim. If someone tries to claim they try and flob him off. If they cannot flob him off then they have to pay out from the instalments of those who are not claiming. It works out on average that for 1 claim they lose 9 instalments. On average they get 1 claim for every 100. Hope that makes sense. Legally all they have to do is supply you with an insurance certificate. Now this is where it gets tricky for them because do you remember getting an insurance certificate when you brought the car. Well if you did you are on your own because no one else recalls getting one. So some of us are in the process of going to court to claim they never got a certificate. At the moment one judge has asked YCC to come up with something. We await the outcome. Getting back to your case the reason they can knock some money off what they are chasing you is the fact they never put any down in the first place. Think that answers the sudden fall question you asked. The other question about not paying any more money if you hand the car back. Simple answer here, they lied to you as you are finding out. Before I go any further you mention you have seek legal advice. Can you confirm this for us please. |
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| asboath | May 18 2007, 09:22 PM Post #3 |
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Firstly, I really appreciate your reply, time and advice, what you are saying now makes sense. The legal advice told me much the same as you have as did the cab, I have contacted the oft whom have asked me to keep them up to date with what is going on with this. Let me give you an up date on this, wednesday past I was phoned by daf and asked how I was going to pay the outstanding balance, I said next tuesday at earliest (to buy time hoping to hear from the forum) I went to work on thursday to have my employer say daf had contacted them, I have briefed him on situ and its fine, I note you have a letter that could constitute harassment ,is this worth using? As it stands I await a phone call on tuesday which you can be sure will not go amiss. Can you Please give advice on the next step? Also is it possible to claim back the £80 I paid to have the car collected as it was to be taken back to Leeds which is at least 400 miles away and there is no way I could have taken it down there. Please be assured i will fight this all the way. Sorry meant to say i never did receive an insurance certificate. |
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| Bakedalasker | May 19 2007, 07:31 PM Post #4 |
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Hi Asboath, First thing first lets kill the harrassment phone calls. Use our template here: - http://z11.invisionfree.com/saynotoyes/ind...?showtopic=1599 Regarding the £80 collection fee. I would now write to them requesting it back. tell them since you had the car collected you have found out that it is against the CCA regulations. If this is not returned you will take legal action. What they will most likely do is substract it from your present liability. Now regarding the main insurances there are a number of legal arguments against the YCC contract. When they call on Tuesday inform them that besided only wanting to deal with them via mail, hence the harrassment letter, you will be seeking legal advice from the CAB. Inform them that you know about a number of legal arguments against their contracts. You know that these arguments have caused their associated debt collectors to set aside the debts. They will most likely tell you over the phone we will see you in court. After the call send them the harassment letter. Also send them a letter that you know about the legal arguments and will be seeking legal advice. Lets see what they come back with. |
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| asboath | May 24 2007, 05:42 PM Post #5 |
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Hi, As expected the phone call came on time. First i told them about the illegal payment of £80 they took from me and guess what, they have suddenly got a place in Glasgow i could have taken the car to , this i was never told when i told them this all i got was"Oh where you not"!, big help that comment NOT, they are refusing to refund however, i said i will now take legal advice, the letter will be sent regards this tomorrow. I have until tom to pay £465 in one lump sum, no way they getting that. Regards the insurance certificate, i asked for a copy of the cert and was told that the agreement is the cert, i told them that they don't have a cert as this does not exist. Next comment from them" oh well you obviously are not going to pay tom so we will start proceedings", and then they hung up. The letters are on way to them tomorrow recorded delivery. I await there next move. :lol: |
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| mr mole | May 24 2007, 06:56 PM Post #6 |
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Hi asboth ,dont let them get you down , i am fighting them as well been to court twice now last date is in august for final hearing(mr mole) just dont worry about them you will find the county court judges very nice as long as you turn up and explain your argument they are really nice helpful people , keep your spirits up and dont worry dave |
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| asboath | May 24 2007, 07:14 PM Post #7 |
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Hi Mr mole, thanks for that , i was reading your case earlier today good luck with it. I have no intention of giving in to these people and have just written three letters to Mr Plowman there CE. will let you know outcome of them. |
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| gRoberts | May 25 2007, 07:59 AM Post #8 |
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all fun and games. I handed the car back March 24th (i think), and had a few weeks of calls. They wernt happy that I was only willing to pay £15 a month for the additional insurances, and said they would put a default on me. I told them I would be seeking legal advice and hung up. My partner and I discussed it, and thought just to get them off our backs, we will only pay what we were originally paying each month (excluding car payments) to which they said it had already been transfered to the legal dept. We never heard anything from them until the other day when i got a txt asking to call. Different reference number now. I haven't called them :D |
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| jenni | May 25 2007, 10:47 AM Post #9 |
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i assume you are still paying them? i would keep doing this and ignore their request to call them. if it went to court and you were still paying them - despite what they may want you to pay - a judge would look more favourably on you |
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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 | May 30 2007, 03:37 PM Post #10 |
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Hi all , i have just checked my credit report, all information regarding DAF is gone!!! there are no payment details ,up to date payment details or balance details nothing at all. I don't want to jump the gun but what does this mean? Surely no credit report means account has been closed with them. OH by the way i sent them the template for harassment on Monday and guess what at 1215 today a phone call came from them, it was from a 01424 number which i believe is from the Hastings area, no message left on answer machine but when i call back it says something along the line of "ALL OUR COURTESY CALL AGENTS ARE BUSY AT THE MOMENT" it then asks me to leave message. It is a strange one as i have never had a call from this code before. Anyone able to shed light on this development? What do i do now as they are in breach of the harassment letter? or hold of as it might well have crossed? 
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| jenni | May 30 2007, 03:52 PM Post #11 |
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the 01424 number is for the head office at Horsham - not a number they like you to use as they dont make any money from it. with regards your credit file I dont know what this means for you. I would get in touch with DAF by letter and get them to put in writing that your account has been closed and full and final settlement has been made on the agreement. i would also check with equifax/experian where you now stand. i dont think DAF can re-enter the amount you owed but I don't know if they sent it to a debt collectors if they could because I think it shows up as a whole new debt. i would do this asap incase they try to add anything new to your file |
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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 | May 30 2007, 04:24 PM Post #12 |
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Cheers Jenni, will check with experian, thing is daf i know are chasing for the insurance money but as i terminated the (as they put it the vehicle side of agreement) , that has obviously gone through, would this be why it has disappeared ? may be a new one will start with insurance debt?? |
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| jenni | May 30 2007, 04:45 PM Post #13 |
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so you have terminated the agreement for the vehicle but still owe for insurances - have they told you how much? have you made a payment towards this amount? you now say that DAF have disappeared from your credit file? thing is I wonder if they have sold the debt to a DCA who may be able to add a new entry to your credit file - this I am not sure about |
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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 | May 30 2007, 06:12 PM Post #14 |
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HI , yes £760 outstanding if in monthly installments and £465 if one lump sum No i have not paid anything to this as i don't see why i should. Can you have a look through all topic if poss will give you better idea of what happening
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| jenni | May 31 2007, 07:15 AM Post #15 |
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I have been in touch with the insolvency service about your case asboath (have not used any names just sketchy details) to ask their advice on this credit file thing. I can't see DAF just writing off the remaining debt without good reason and I would have thought they would have put this in writing to you. What worries me is the fact they may have passed the debt on to a DCA who could then start adding all sorts of fees and charges - this is why I am checking if they could add info to your credit file. I know that when I owed money on a storecard GE Capital sold the debt to a DCA and my credit file changed from it being GE I owed the debt to to the name of the DCA and obviously then it included charges as well. |
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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 3 2007, 12:19 PM Post #16 |
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Just received letter from DAF warning of legal action, (bring it on)they say paperwork is being prepared for this, but get this- letter states: "WE ARE PREPARED TO OFFER A SUBSTANTIAL DISCOUNT IN ORDER FOR YOU TO CLEAR THE ABOVE BALANCE", I may phone to see what this substantial discount will be out of curiosity ,what you think???? they have previously offered me a one off payment of £460 to clear and given that i have sent letter regards the unfair £80 collection fee it will be interesting to see if they reduce further, also what is the situation regards deposit, i paid £200 which went to the insurances is this worth pursuing ??? I see on the forum that many people are also saying this. Thanks 
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| jenni | Jun 3 2007, 03:54 PM Post #17 |
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it may be worth ringing them to enquire as to this "substantial discount". as to the deposit being taken off the insurances - it does say on a DAF agreement that this is what will happen. however another member raised an interesting point about this saying that if this is the case then surely there was no way that the insurances would be optional |
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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 4 2007, 03:43 PM Post #18 |
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Hi, phoned DAF to see what situ was now following on from letter received on Saturday, guess what it is now down to £375.12, half of total balance. Asked them if they had received letters from last week 28/05/07 sent recorded. Surprise!!! he cannot see them being received on screen and it may well be that admin are dealing with them (another fob of if you ask me), anyway told them i am not paying anything until i receive a reply to these letters one of which is regards the return of the £80 collection fee, he said this is in the agreement he read out some  from n agreement , said it was copy of mine, Fortunately i had my agreement in front of me and asked him to tell me where it said £80 collection fee would be payable, he could not state exactly where( yes you got it cause it doesn't), it does feel good sometimes when you can throw things back in there face and they go quite as they know they have been found out!!!I said to him, "if it is in part of your agreement that you have can you send me a copy of this as it is not in mine", yes again the answer was full of , so no they cant provide this piece of evidence, no surprise there then. I feel a SAR coming on. One thing though the total one of payment is coming down!!!!I told him the other letter was regards the legality of the insurances and was told no one forced you to sign!! ye right -take insurance for four years or no car!! sounds familiar?, i think they must have there own book of command in that place. I will give them another few days to reply to these letters before sending another. Any advice????????????????? |
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| Bakedalasker | Jun 4 2007, 03:58 PM Post #19 |
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One thing you can try the next time you phone them. Regarding the insurance and the answer they give you about not being forced to sign. Tell them you are aware of the group action against them and there are over 200 ex clients stating that they were forced. Wonder if that will force down the payment as well. |
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| asboath | Jun 4 2007, 04:19 PM Post #20 |
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Hi bake, i did say that to them on phone all i got was "oh are you", he said he was collections and that was a different matter all together, looking on it another way if i thought i was getting a great deal at paying the one off payment of £460 which was initially offered, i could have paid that, today they reduce it by another £85 pound, i asked why they can constitute a further reduction an all they say it is half of balance, surely this has to be a case of why don't they just go to the lowest figure they will take, if this ends up at court this surely has to be looked on as ripping people off, as they seem only to willing to reduce this figure when people are challenging them on the issues on the forum. There appears to be know rhyme or reason that they can give for reducing one off payments, not that i am complaining that they are!! Remember i would now be looking to at least deduct the £80 off this new figure. I await the reply from Mr Plowman with anticipation-if it ever comes. :rolleyes: |
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