2nd letter to yes car credit

scarybigtoe

Hi Can someone please read this and let me know if it is ok?


I would first like to thank you for your prompt response.

I would first like to refer to the SAR that was sent to me on 5th November 09. I have attached a copy of the letter that you sent with it. It says that there are a number of letters enclosed dating from 12/10/05 to 28/03/06. I have put an X next to all these letters as they were not enclosed within the SAR. Please can you forward these to me within 14 days?

I would also like to clarify that you have no recordings of telephone calls on my file? If you do I would like to request a copy of these within 14 days.

I also refer to the letter dated 10th December 09, received 11th December 09.

In this letter I outlined my reasons for being mis sold insurances by your sales representative, which were that they told me that it would assist my credit application by taking out the insurances and that by not taking them I would not be able to get the car. They then went on to get me to sign the paper work provided by you. I am not denying that I signed the paper work; the paper work is not proof in itself that I was not mis sold to by your company.
The Court of Appeal in HOWARD MARINE AND DREDGING CO. LTD. v. A. OGDEN & SONS (EXCAVATIONS) LTD. [1975 H. No. 4557], establishes that a clause in a contract which states that a signature indicates full acceptance is not valid where it would be unlikely that the customer would have the skill and inclination to go through the fine detail.
Moreover, the same case establishes the burden of proof in relation to Misrepresentation Act claims: that a customer should be able to rely on the information given, and that even without intent to misrepresent, if the consequences of a misrepresentation are such that a customer is disadvantaged then that is enough.

You have also said in the letter dated 10th December 09 that prior to my appointment that I was sent a welcome pack to read through which contained a booklet “Welcome to YES CAR CREDIT”. Can you please send me proof that this was posted prior to my appointment?

I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again. If I do not receive a more favorable response within 14 days I shall be taking my complaint to the Financial Ombudsman.

di3004

scarybigtoe wrote: »

Hi Can someone please read this and let me know if it is ok?


I would first like to thank you for your prompt response.

I would first like to refer to the SAR that was sent to me on 5th November 09. I have attached a copy of the letter that you sent with it. It says that there are a number of letters enclosed dating from 12/10/05 to 28/03/06. I have put an X next to all these letters as they were not enclosed within the SAR. Please can you forward these to me within 14 days?

I would also like to clarify that you have no recordings of telephone calls on my file? If you do I would like to request a copy of these within 14 days.

I also refer to the letter dated 10th December 09, received 11th December 09.

In this letter I outlined my reasons for being mis sold insurances by your sales representative, which were that they told me that it would assist my credit application by taking out the insurances and that by not taking them I would not be able to get the car. They then went on to get me to sign the paper work provided by you. I am not denying that I signed the paper work; the paper work is not proof in itself that I was not mis sold to by your company.
The Court of Appeal in HOWARD MARINE AND DREDGING CO. LTD. v. A. OGDEN & SONS (EXCAVATIONS) LTD. [1975 H. No. 4557], establishes that a clause in a contract which states that a signature indicates full acceptance is not valid where it would be unlikely that the customer would have the skill and inclination to go through the fine detail.
Moreover, the same case establishes the burden of proof in relation to Misrepresentation Act claims: that a customer should be able to rely on the information given, and that even without intent to misrepresent, if the consequences of a misrepresentation are such that a customer is disadvantaged then that is enough.

You have also said in the letter dated 10th December 09 that prior to my appointment that I was sent a welcome pack to read through which contained a booklet “Welcome to YES CAR CREDIT”. Can you please send me proof that this was posted prior to my appointment?

I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again. If I do not receive a more favorable response within 14 days I shall be taking my complaint to the Financial Ombudsman.

Well done.........:T:T remember to post it by recorded delivery, this is your proof of posting and with the xmas post as well, its a busy time, good luck.;)

marshallka

scarybigtoe wrote: »

Hi Can someone please read this and let me know if it is ok?


I would first like to thank you for your prompt response.

I would first like to refer to the SAR that was sent to me on 5th November 09. I have attached a copy of the letter that you sent with it. It says that there are a number of letters enclosed dating from 12/10/05 to 28/03/06. I have put an X next to all these letters as they were not enclosed within the SAR. Please can you forward these to me within 14 days?

I would also like to clarify that you have no recordings of telephone calls on my file? If you do I would like to request a copy of these within 14 days.

I also refer to the letter dated 10th December 09, received 11th December 09.

In this letter I outlined my reasons for being mis sold insurances by your sales representative, which were that they told me that it would assist my credit application by taking out the insurances and that by not taking them I would not be able to get the car. They then went on to get me to sign the paper work provided by you. I am not denying that I signed the paper work; the paper work is not proof in itself that I was not mis sold to by your company.
The Court of Appeal in HOWARD MARINE AND DREDGING CO. LTD. v. A. OGDEN & SONS (EXCAVATIONS) LTD. [1975 H. No. 4557], establishes that a clause in a contract which states that a signature indicates full acceptance is not valid where it would be unlikely that the customer would have the skill and inclination to go through the fine detail.
Moreover, the same case establishes the burden of proof in relation to Misrepresentation Act claims: that a customer should be able to rely on the information given, and that even without intent to misrepresent, if the consequences of a misrepresentation are such that a customer is disadvantaged then that is enough.

You have also said in the letter dated 10th December 09 that prior to my appointment that I was sent a welcome pack to read through which contained a booklet “Welcome to YES CAR CREDIT”. Can you please send me proof that this was posted prior to my appointment?

I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again. If I do not receive a more favorable response within 14 days I shall be taking my complaint to the Financial Ombudsman.

Seems good to me scarybigtoe.... I imagine others will also post if you want more support.;)

Good luck

jonnyb1978

As per my other post to you earlier. It would not hurt to also state something similar to
"according to the CCA i paid a deposit on the car yet the agreement as ommitted this and instead offset this deposit against the PPI which as you are aware makes the CCA null and void"

Go on to say that any unsatisfactory answer you will be passing this over to Stephensons solicitors.

They know exactly who Stephensons are but unfortunetly i dont think you will get anywhere with these horrid people doing it on your own as going to court and explaining the law over this matter is much to complex. They are a nasty, rip of bunch of people.

Good luck with it and pm if you require any more info and i will help as much as i can.