[Direct Auto Finance & PPI REclaim

[ollyhuk]

Good eveninig,

 

im sorry to crash in on this thread, but im stuck with our friends at DAF.

 

I had two agreements,

one taken out in 2002, and

another in Jan 2005 when I changed the original car.

 

It was intimated at the time that the insurances were required to assist me getting the credit for the car,

and having an awful credit score at the time I felt I had no choice.

 

I sent off my SAR request in January to the PO Box in Bradford, and received a CD with a complete copy of everything they held for me on the two agreements (200 pages).

 

I susbequently replied and asked for a refund of my PPI outlining my reasons.

 

DAF asked that I completed the FOS questionnaire and return to them which I duly did,

and they have subsequently replied on Thursday turning my claim down for various reasons.

 

In looking into my SAR packs,

I have received the details of the commissions also including the use of the deposit,

and the amounts DAF /YCC made on the car and insurances that the other thread showed I saw.

 

Is it worth me progressing this further,

or should I just put this to bed now.

 

Ive attached some of the relevent paperwork for both agreements.

 

If anyone can offer any advice it would be greatly appreciated.

 

Thanks.

Edited May 6, 2013 by ollyhuk
personal details removed

[dx100uk]

un approved the attachment as you've left many refs to pers info.

 

i'd go for the ppi again.

 

can you post up their rejection letter please too

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[ollyhuk]

Hi,

 

thanks for your reply and help.

 

I have attached the rejection letter and also commision statements with my personal details blanked out.

 

Once again - many thanks.

[dx100uk]

ok that letter is 'mere speculation' that the processes were correct.

 

it also wrongly assumes you were not told you had to have the insurances.

 

you were told you HAD to have them ...end off.

 

the fact that the box stating no marketing material was to be sent is irrelevant too.

 

the advisors told you you had to have it [they got a health commission.

 

they ticked all the form not you.

 

you might find this thread worthy of a read.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378821-LloydsTSB-Loan-PPi&p=4120422&highlight=ppi+success#post4120422

[ollyhuk]

Thanks indeed for the help - I will draft up a letter before action an see where that gets me.

 

Your correct about the checklist - that was included in the SAR pack, and its clearly the salesperson that has completed it.

[postggj]

In your checklist, was a statement of means provided and did you sign it

 

That lists things like,is the PPI suitable, any per-existing medical conditions, is your current employment dangerous

 

Also the PPI cover will not cover the full term of the loan yet you are being charged for it with interest payments and commission payments

 

You were not told DAF will be earning commission from the sale (conflict of interest)

 

Wilson v Hurstanger

 

Did you receiver any insurance underwriting policy documents reference these policies, who was the underwriter of the policies

[ollyhuk]

Hi

 

In the SAR pack there is no checklist that I can see.

 

I was not told that DAF would earn commision, but have the commision sheet showing they do. I have the underwriting documents for the GAP and PPI showing UK Insurance Ltd

PO Box 300

Leeds

LS99 2LZ.

[postggj]

Have you contacted UK insurance ltd to see if they have any of your details on file

[ollyhuk]

Have you contacted UK insurance ltd to see if they have any of your details on file

 

I have to confess I have not - I have concentrated all of my efforts on DAF and Provident to date. I have just found the checklist - I have attached below

[postggj]

Can you blow it up a bit please, my eyes are not that good

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

 

 

uk are RBS

 

dx

[ollyhuk]

Sorry - the scan from the SAR isnt too good, and when I have played in paint it distorts even further.

 

Heres another attempt.

[postggj]

Ok then

 

that is not a statement of needs so we need to demand that document to begin with

[ollyhuk]

OK, I have checked the SAR Pack for my scond agreement and found the following:

What I can only presume is their statement of needs, and the PPI policy (this one is Hitachi).

 

I have written a letter before action (although this has not been signed as received) what should be my next step and where do I go from here?

[postggj]

Interesting

 

I have yet to see a demands and needs statement, me thinks they are trying the old smoke and mirrors trick

 

Iit will be a check list to tick asking for pre existing medical conditions, do you have a dangerous job such as deep sea diving, parachuting, armed forces etc

[ukdarrenfan]

I've definitely not got a demands and needs statement in my pack, so I can't see that you would either. I've never known anyone to say they have one.

[ollyhuk]

I have never seen a needs statement, and I dont recall completing one on either occasion.

[postggj]

A demands and needs statement is a legal requirement (FSA)

 

IT WILL INVALIDATE ANY INSURANCE IF NOT COMPLETED (GAME OVER FOR YES CAR)

[ukdarrenfan]

A demands and needs statement is a legal requirement (FSA)

 

IT WILL INVALIDATE ANY INSURANCE IF NOT COMPLETED (GAME OVER FOR YES CAR)

 

Were they legally obliged to complete one in 2002?

[postggj]

That question i am looking into

 

Before 2005, the body looking out for them would not have been the FSA, but the Financial leasing Association

 

It was the FLA job to make sure there members complied with the obligations of selling insurance products prior to the FSA

Edited May 28, 2013 by squaddie

[ukdarrenfan]

That question i am looking into

 

Before 2005, the body looking out for them would not have been the FSA, but the Financial leasing Association

 

It was the FLA job to make sure there members complied with the obligations of selling insurance products prior to the FSA

I've been looking for the FLA lending code for 1992 and am having problems finding anything. I can only seem to find a 2006 version or a 2012 version. Apparently there were also changes in 2002, but as I can't find any revisions for that year either I don't know if that was dated before or after we bought our car.

[ollyhuk]

Ok, I had sent my letter before action giving 14 days, followed up by an e mail to provident stating the same and the time limit on both is up today.

 

Needless to say, there is no reply - what should my next step be in this frustrating manner? Is it easy to lodge a claim in the SCC? If anyone has any experiance I would be glad to hear.

 

Thanks,

Oliver

[ollyhuk]

Sorry to reply to my own message, on checking my junk mail I have received the following e mail from DAF (personal redtails removed)

 

Is it game over for me now?

 

Dear XXXX

I refer to you email below addressed to XXXX & XXXX, who have passed on the note for me to deal with. For your information Provident Financial plc is the ultimate parent company (or owner) of Direct Auto Financial Services Limited (“DAFS”), but we would ask you to note that DAFS continues to deal with complaints relating to business it conducted before it before it elected to cease providing finance in December 2005.

We acknowledge we have been in correspondence with you and wrote to you on the 2 May 2013 with our final response. We note the contents of your email below and would point out there is no new evidence submitted, we therefore maintain the position that the policies were not mis-sold.

We note your reference to legal case law, but DAFS have a different interpretation on the relevance of the case quoted. It remains your prerogative as to the course of action you wish to pursue, in the event this matter is presented in Court, DAFS will vigorously defend its position.

Yours sincerely

XXXXXXX

For and on behalf of Direct Auto Financial Services Limited

A| PO Box 1135| Bradford | BD1 9PU

[postggj]

Morning

 

Standard response

 

I can draw up a particulars of claim if you wish to continue

 

You have now exhausted the complaints procedure and satisfied pre action conduct

 

Any claim will now go to there registered address, not the po box number

[ollyhuk]

Morning,

 

I cant PM anyone as I have not made 30 posts yet. Here is the full e mail:

 

 

 

 

XXX

 

Provident Financial plc

No. 1 Godwin Street

Bradford

BD1 2SU

United Kingdom

BY E MAIL

24th May 2013

FINAL NOTICE BEFORE LEGAL ACTION

Dear XXX

Re: DIRECT AUTO FINANCE - ACCOUNTS XXXX

 

Further to my calls with members of your staff today;

 

This letter is in regard to the miss-selling of PPI and Unlawful commission payments made by Direct Auto Finance / Yes Car Credit whilst part of the Provident Group. I have repeatedly tried to resolve this issue with both DAF and Provident, with no avail as of this time.

 

To be clear, I was miss-sold my PPI by Yes Car Credit, and I have subsequently discovered the unlawful commission payments made thanks to information sent to me by DAF. Case law such as Wilson v Hurstanger clearly demonstrates that this is an unlawful practice.

Whilst DAF is no longer part of Provident, it was at the time that my Policies were miss-sold, and hence legal papers will be served joint and severally on both parties at full costs within FIVE DAYS of this letter. Action for Provident will be served upon your names as representatives for the company.

 

There is still time, however, to avoid suit if you contact me within the next five (5) days to discuss my claim for repayment of the PPI amounts and accrued interest to the amount of £8608.71

 

This will be your final opportunity to resolve matters without the expense of court proceedings.

 

 

 

 

Very truly yours,

 

XXXXX