Need help with Yes Car/ Direct Auto reclaim

scarybigtoe

Hi,

I'm hoping someone can help me. I brought a car from what was Yes Car credit in September 2005, finally paid the last installment today on a car that I purchased in my name, for who is now an ex! I only did it because I thought we had a future turns out I was very wrong.

Anyway when I went to purchase the car they did this whole thing where they went through what we we do if the car was written off and the insurance did not pay out for the full amount of what was owed and what would you do if something went wrong on the car and you couldn't afford to get it fixed? So we said that we would have to borrow money from someone. So I was then told that we could not purchase the car without taking out GAP insurance, Electrical and Mechanical Insurance and PPI. So we took the insurances to get him the car. Anyway 6 months later we split and I was left with a car that I did not need or afford. I got behind on the payments and even had bailiffs come to take it one morning. I had to beg a friend to lend me £700 otherwise i'd still owe them money. I have continued to pay for the car but was looking to see if I could get the payments down. When I looked at the paperwork properly I realised that the insurances are nearly as much as the car it's self and tried to cancel the insurance and was told I could not cancel. In March 2007 I had to have an operation on my knee and was not sure how long I would be out of work. I tried to claim on the PPI but was unable to because they made it so difficult to claim. I think in the end they said I couldn't claim because the injury was incurred whilst I had been drinking. I don't have exact dates for the phone calls I made to them. I had contacted a company to take this up for me and they sent me some forms and they want 25% of whatever I get back so I thought I'd try doing it myself. I am just after some advice really on whether I have case and where I go from here.

Thanks

di3004

scarybigtoe wrote: »

Hi,

I'm hoping someone can help me. I brought a car from what was Yes Car credit in September 2005, finally paid the last installment today on a car that I purchased in my name, for who is now an ex! I only did it because I thought we had a future turns out I was very wrong.

Anyway when I went to purchase the car they did this whole thing where they went through what we we do if the car was written off and the insurance did not pay out for the full amount of what was owed and what would you do if something went wrong on the car and you couldn't afford to get it fixed? So we said that we would have to borrow money from someone. So I was then told that we could not purchase the car without taking out GAP insurance, Electrical and Mechanical Insurance and PPI. So we took the insurances to get him the car. Anyway 6 months later we split and I was left with a car that I did not need or afford. I got behind on the payments and even had bailiffs come to take it one morning. I had to beg a friend to lend me £700 otherwise i'd still owe them money. I have continued to pay for the car but was looking to see if I could get the payments down. When I looked at the paperwork properly I realised that the insurances are nearly as much as the car it's self and tried to cancel the insurance and was told I could not cancel. In March 2007 I had to have an operation on my knee and was not sure how long I would be out of work. I tried to claim on the PPI but was unable to because they made it so difficult to claim. I think in the end they said I couldn't claim because the injury was incurred whilst I had been drinking. I don't have exact dates for the phone calls I made to them. I had contacted a company to take this up for me and they sent me some forms and they want 25% of whatever I get back so I thought I'd try doing it myself. I am just after some advice really on whether I have case and where I go from here.

Thanks

Hello and welcome.;)

Seems like you have a case here in my opinion.

So was it both you and your other half that signed up for this finance?

If so it will be a matter for you both to reclaim, to what I know of, so not sure if your still on speaking terms or not.

Maybe someone else will have an idea on this one for you, but with your reasons you write to them by giving them 8 weeks to respond, and if they do not resolve in your favour, you can take your complaint to the Financial ombudsman service (FOS).

For more information check this link here below:
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Hopefully someone will be along soon to help you through this matter, with a bit of luck maybe Dunstonh who is a financial adviser will also have some answers on this for you.;)

scarybigtoe

Hi thanks for the reply, it is not a joint thing he just had a worst credit rating than me so i got the car in my name for him.

so hopefully someone else can give me more help or advise!

thanks

di3004

scarybigtoe wrote: »

Hi thanks for the reply, it is not a joint thing he just had a worst credit rating than me so i got the car in my name for him.

so hopefully someone else can give me more help or advise!

thanks

Hi there

Not a problem then.
Much easier now.:T

scarybigtoe

Hi quick question,

I have a copy of all my agreements with yes car credit. Do i still write to them and ask for a copy of everything they have on file or do I just go straight in for the kill with the first template letter? Am I right in thinking if they can not come up with a copy they have to refund?

di3004

scarybigtoe wrote: »

Hi quick question,

I have a copy of all my agreements with yes car credit. Do i still write to them and ask for a copy of everything they have on file or do I just go straight in for the kill with the first template letter? Am I right in thinking if they can not come up with a copy they have to refund?

Glad you have the agreements, if your going to send them this as well, do not send the original, but a photocopy.

You do not have to request for anything really if you don't want to, but maybe a SAR (Subject access request) will come handy later on.
More details of a SAR here:
http://forums.moneysavingexpert.com/showthread.html?t=1475553

It is up to you but I would go for the reclaim now, good luck.;)

jonnyb1978

Do not pay them a penny more. Trust me.
Ask them for a full true copy of your CCA (Consumer Credit agreement ) and any other details they hold on you, including a full break down on how they reach the full figure they have got. I dealt with this on behalf of my brother when they sent Debt collectors out becoming threatening. He gave the car back after paying half the amount but they persued him for thousands more and got really nasty.

Basically if its in both your names then thaey can pursue any of you to pay the debt. I will guarentee now that the PPi and other insurances that you have paid are due to a single rate premium that they have applied. They would get this from a third party costing them a fraction of the price, and i mean a small fraction.
Although not doing much wrong this way the thing that they have done wrong is that they would create a deposit whether you handed in your old car or not.(Ie they give you £200 deposit) and instead of taking this off the value of the car they would take it off the value of the PPI which is against the law and the whole CCA will show this. (Cant remember the exact method on which they done but on the lines of this)

Doing it yourself is time consuming and stressful dealing with debts and going through the legal jargon is more difficult than the standard PPI claims etc etc.

Please please look at www.carcreditcomplaints.co.ukand this will show you everything and explain all. The godebt threads you will find a thread from me asking others for advice so its 100% genuine.
They deal with a solicitors called Stephenson who after a while for a fixed fee upfront of £200 sorted it all. All they ask for pretty much is a copy of the CCA. My brother whole debt was cleared the whole debt which was bordering arounf the £3000 mark.

jonnyb1978

http://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/3537-direct-auto-finance-yes.html

http://www.thisismoney.co.uk/bargains-and-rip-offs/article.html?in_article_id=413800&in_page_id=5

Have a look on the net, theres loads of threads. The bottom one here mentions Stephensons. I wouldnt pay them another penny. These shower of clowns even asked my brother to borrow £1000 of my Mum and they would clear the debt in full. The cheek!:mad:

scarybigtoe

Hi thanks for the advice, I have finished paying the car installments yesterday! It has been the longest 4 years of my life, and now I am finally free of an abusive ex. Although we did not have the car in joint names, only mine as he bullied me in to getting it for him in my name as he had a worst credit history than me. Every time I look at the car I see him.......anyway I can now do what I want with it. The worst thing in the whole situation is my fiance has been paying the last 6 installments as I have been on maternity leave and the money I get doesn't cover much. So to be able to get the money I have wasted on insurances back would mean that I can return the money to him and spend the rest on our future. So that is the long and short of it. Well done for getting back your brothers money, I am going to give this ago myself and will keep everyone posted!

jonnyb1978

Sorry didnt realise you have already paid it off. I would still go for it. Look on the web site i gave you as it will give you some of the legal jargon to throw at them. First you want the CCA which in itself should be enough but as you dont owe them anything you can not threaten them back so im guessing you will just get fob offs. You want to get as much info off the net. ie. Have they been fined, evidence of them not selling cars to people who did not take the ppi etc or have a car as a deposit. If you didnt have a car or refused PPI they would not sell you a car, and also and most importantly the jargon on the taking the deposit from the insurances. (Thats the bit that will get your money back). You want to write all these points in a letter along with the normal miss selling, as never asked, told you you couldnt have the car etc etc and basically keep at them and dont give up. If it comes to court it may be difficult KNOWING THE legal jargon but you must stick with it. They did send my brother a genuine CCA so explaining to a judge about the deposit on the PPI and not the value of the car may sound a bit tantalising.
Go for it, do your research and dont give in. Keep us informed.

jonnyb1978

http://forums.moneysavingexpert.com/showthread.html?t=685133

Another one that might help with some questions to ask!