Yes Car Credit PPI REclaim *** Resolved***

[postggj]

you are under no obligation to sign any sort of confidentiality clause

 

if they try, just say double the offer and i will think about it

[ukdarrenfan]

Lol, good one!

[postggj]

in my early days of litigation with various creditors, if they did an offer which i objected to, i would send this to their solicitor

 

I refer you to the reply given in the case of Arkell v. Pressdram As my response to your proposal

 

it worked for me

[ukdarrenfan]

Just looked that up. Hahahaha...!

[postggj]

And i have used it on more than one DCA

[ukdarrenfan]

I hope you don't mind me asking, but how come you're so knowledgeable about all this? I wouldn't have a clue!

[postggj]

I got burnt like most people with yes car and welcome finance, i was naive and like most people that these companies were just out to con as much out of you as possible

 

With the help of CAG, i took welcome to court and won, two agreements cancelled, since then i have been studying law and help where i can

 

I gained my knowledge the hard way with mistakes, but i have gained experience by my mistakes so you do not have to

 

I do not like companies who deliberately get you into financial difficulty so they can then screw you even more, welcome/yes car found out to their cost that only works while business is good, now welcome and yes car are history

[ukdarrenfan]

Well I just thank god for this forum and people like you who are willing to help out. Did you have to take YCC to court?

[postggj]

I served papers on yes car (DAF)

 

They withdrew any objection to my defence, to much dirty laundry they did not want aired in open court

 

Agreement cancelled, entries on my credit file removed by mutual agreement

[ukdarrenfan]

Our agreement was fully paid up, would that make any difference?

[postggj]

You will only be able to claim back any charges or PPI

 

The agreements were totally unenforceable by the way

[ukdarrenfan]

Is that because of the commissions and the deposit off the insurance?

Can I still use that as a basis for claim if the agreement was paid in full and never in arrears?

 

 

What about the fact that they made us take the insurances,

do I not have to base the claim on that,

or can I use all of it?

 

 

When I was looking at which part of the CCA I needed to claim under I wasn't sure which to use, misrepresentation (I think) or unfair relationship?

[postggj]

You will only be able to claim back your PPI etc

 

As the agreement has ended, no repossession and paid up. trying to get all your payments back etc would be seen as unjust enrichment by the court. Just play it safe and get the PPI refunded.

 

Any extra interest payments you made because of the PPI element in the agreement you claim on top of any PPI that is refunded.

 

The normal is PPI refund plus 8%

 

i myself will argue PPI refund plus contractual interest (what interest you were paying on the agreement) But thats your decision to make, going for the higher rate payment will drag out any award as they will fight it to the last minute

[ukdarrenfan]

Oh yes, I was only going to go for the PPI/warranties and the interest. It works out about £5500 at the moment. What should I use as my particulars of claim? I've seen so many different things when I've been searching, but none of the threads that I've read have any particular conclusion them!

[postggj]

if you are in agreement

 

i will draw up post up a rough particulars of claim for you and other posters to consider

 

sorry to keep repeating myself

 

have you given provident/yes car a 14 day letter before action and sent recorded delivery

[ukdarrenfan]

No not yet. How should I word the letter before action and should I send it to Godwin Street? I've seen enough evidence from other posters to know that they do deal with Yes Car Credit even if the lady yesterday told me they don't. It would be great if you could post up a rough particulars of claim. Thank you.

[postggj]

Yes, send it to Goodwin street, not the po box address

 

At least they will have the letter and will have no excuse not to pass it on through their own internal post.

 

At least you will have a record of receipt

 

I will post up a basic letter before action later on this evening for you to use, that will give me 2 weeks to work on the particulars of claim

[ukdarrenfan]

Thanks squaddie, you are a great help

[postggj]

Lets see how provident now react to litigation, they did settle rather quick with me but that was some time ago

 

It will be interesting on what legal arguments they will try and use in their defence

[ukdarrenfan]

So do I stand a good chance of winning this? I've heard of a few others where they have settled out of court, but it makes me nervous to think that we might have to go to court to defend this! It's in my husbands name so it will be down to him if it gets that far.

[postggj]

I myself find most claims are decided before it goes to trial, the solicitor for the defence and claimant work things out

 

You have this in the bag in my opinion just on the unlawful commission payments made on the PPI

 

We have case law, Wilson v Hurstanger to support this, and you have the underwriting sheet to confirm your assumption, they will not like that

 

As i have stated, once they realise the strength of your case through witness statements etc, a bit of horse trading will follow

 

This will be interesting on how they play this one, but remember, its your decision, i can only advise

[ukdarrenfan]

It's making me nervous just looking at the costs of bringing a court claim. Don't know where we are going to find it from and can't afford to lose it...gulp!

[ukdarrenfan]

I was looking into the whole thing of 'secret commissions' with regards to Yes Car Credit. In this case who would be the broker??

[postggj]

Costs are not an issue until the exchange of court bundles

 

We will see what their defence will be when they receive the court claim

 

You can withdraw the claim at any time, no costs issue until court bundles have been exchanged

 

If you are on benefits or low income then you are entitled to fee remission

 

I do not want to put any pressure on you

 

Its your decision and i am not going to influence in any way

 

No, yes car sold you the PPI policy and paid themselves the commission payment,

 

thats screwing you twice

[ukdarrenfan]

Ah ok I get it now.