[buddylorr]

i have received a reply today saying that they are investigating the matter further and will be in contact with me shortly. Is that a good thing?

[buddylorr]

buddylorr, on 24 June 2009 - 05:26 PM, said:

i have received a reply today saying that they are investigating the matter further and will be in contact with me shortly. Is that a good thing?

Also, can somone advise me as to whether i should send a letter to direct auto finance too regarding the miss selling of the ppi insurance i took out? i read on a thread similar to mine that this was advised to them. Also i am still waiting to hear back from Marlin as the last letter they sent me stated that they were investigating the matter further. Thanks guys look forward to hearing from you soonx

[Bakedalasker]

buddylorr, on 29 June 2009 - 10:58 PM, said:

Also, can somone advise me as to whether i should send a letter to direct auto finance too regarding the miss selling of the ppi insurance i took out? i read on a thread similar to mine that this was advised to them. Also i am still waiting to hear back from Marlin as the last letter they sent me stated that they were investigating the matter further. Thanks guys look forward to hearing from you soonx

So Marlin are looking into it. Ok we have time so lets see what they come back with again.


Buddylorr, save me going through this thread again can you let me know when you last paid DAF. We have be a bit tight on time to reclaim PPI from them. Remember the 6 year limitation acts both ways.

however you will need to do the following:

1. Complain to DAF and ask for PPI back. They will reject this.

2. Next move onto the FOS. They will reject your claim and say that DAF were not regulated by them.

3. Off to court we go. Atm we have a user at this stage and we are using this as a test case. If successful then we will open the gates for everyone.


We need to go through this process as it will make our case look good when we attend court. Its going to be a drawn out affair so expect a long road.

Ok so first thing is send the following ot DAf but delete what does not apply to you:

Dear Sir Madam

Account Number:

Official Complaint:

I am writing to complain about the miss selling of the Payment Protection Insurance on the above agreement.

*When I took out the agreement I have no recollection of ever discussing PPI with the sales person and they certainly didn’t inform me that if I decided to exercise my rights under the Consumer Credit Act to terminate the agreement I would still be liable for monies for a redundant PPI.
*I was specifically told by your salesperson that the PPI was mandatory and if I did not purchase it I could not have the car. Since then I have found out this to be untrue.

I am unclear why you would sell PPI in this manner as it is obviously to the detriment of the consumer so with this in mind I see a couple of ways of resolving this issue.

1) You take back the debt that you have sold to (DCA) and write to confirm I will no longer be contacted about this issue.
2) I progress this case to an ombudsman at which time I will be requesting a refund of monies and compensation for the time and energy I have had to put into this.

I hope the way this is resolved is option 1 as this would be the most cost effective method for both myself and yourselves.

I look forward to receiving a reply within the next 14 days could you please either enclose full details of your complaints procedure, or mark your letter as a final response so that I can refer this matter immediately to the FOS.

[buddylorr]

Bakedalasker, on 29 June 2009 - 06:05 PM, said:

So Marlin are looking into it. Ok we have time so lets see what they come back with again.


Buddylorr, save me going through this thread again can you let me know when you last paid DAF. We have be a bit tight on time to reclaim PPI from them. Remember the 6 year limitation acts both ways.

however you will need to do the following:

1. Complain to DAF and ask for PPI back. They will reject this.

2. Next move onto the FOS. They will reject your claim and say that DAF were not regulated by them.

3. Off to court we go. Atm we have a user at this stage and we are using this as a test case. If successful then we will open the gates for everyone.




Ok, thanks for the information. The last time i made a payment to DAF would have been around approx February 2004 time. Hope this helps.
Thanks again for your help, i will get a letter off to Daf and wait to hear from them. Also as soon as i hear back from Marlin i will be in contact.

We need to go through this process as it will make our case look good when we attend court. Its going to be a drawn out affair so expect a long road.

Ok so first thing is send the following ot DAf but delete what does not apply to you:

Dear Sir Madam

Account Number:

Official Complaint:

I am writing to complain about the miss selling of the Payment Protection Insurance on the above agreement.

*When I took out the agreement I have no recollection of ever discussing PPI with the sales person and they certainly didn’t inform me that if I decided to exercise my rights under the Consumer Credit Act to terminate the agreement I would still be liable for monies for a redundant PPI.
*I was specifically told by your salesperson that the PPI was mandatory and if I did not purchase it I could not have the car. Since then I have found out this to be untrue.

I am unclear why you would sell PPI in this manner as it is obviously to the detriment of the consumer so with this in mind I see a couple of ways of resolving this issue.

1) You take back the debt that you have sold to (DCA) and write to confirm I will no longer be contacted about this issue.
2) I progress this case to an ombudsman at which time I will be requesting a refund of monies and compensation for the time and energy I have had to put into this.

I hope the way this is resolved is option 1 as this would be the most cost effective method for both myself and yourselves.

I look forward to receiving a reply within the next 14 days could you please either enclose full details of your complaints procedure, or mark your letter as a final response so that I can refer this matter immediately to the FOS.

[phil80]

I am currently awaiting a letter back from DAF wth regard to the mis selling of PPI insurance. They originally told me that Marlin had bought theright off them so anything i wanted should be directed to Marlin. Now my understanding was that with regar to the mis selling of PPI it is the responsability of the company that sold the policy so i wrote again and was politely fobbed off once again by the polit Mrs Dixon. I have written to the Financial Ombudsman with regard this matter and they have now take the case up with DAF so and i am awaiting a response. I will let you guys know what happens when i hear anything back from the wonderful people at DAF.

[buddylorr]

hi , just to update you i have now sent my letter to daf and await with bated breath. Also i have received a second letter from Marlin saying that they are still investigating the matter and it may take upto 8 weeks. Thanks guys.

[gozone]

hi there all i have still had no reply from marlin i wished now i had sent the letter recorded delivery now do you think i should send it again or shall i leave it and wait

[gozone]

hi there i got this letter this morning doesn't make a bit of sense to me also no dates on it and it looks like they used the previous car i had as deposit on the insurance but i guess it will make more sense to you hopefully you will be able to help me out thanks

[neil40]

gozone, on 09 July 2009 - 03:24 PM, said:

hi there i got this letter this morning doesn't make a bit of sense to me also no dates on it and it looks like they used the previous car i had as deposit on the insurance but i guess it will make more sense to you hopefully you will be able to help me out thanks

Hi, you say you traded a car in as a deposit? well i dont se a deposit or traded amount anywhere either against the loan or PPI.
Something not right there How much did they say they gave for for the old car traded in?

[gozone]

neil40, on 09 July 2009 - 06:56 PM, said:

Hi, you say you traded a car in as a deposit? well i dont se a deposit or traded amount anywhere either against the loan or PPI.
Something not right there How much did they say they gave for for the old car traded in?

i was paying for a car off them by monthly payments and wanted to upgrade my car it looks like if you notice on the left of the letter number 15 £2224.50 shortfall required by way of credit is the money they have knocked off by me bringing back the car i had off them originaly and upgrading them for a new one thanks for the reply

[Bakedalasker]

That £2224,50 is the amount you owe for insurances. Nothing to do with the trade in price.

They have excluded your old car from the agreement. We now need to prove you part exchanged your old car. If we can do this we have a strong argument that the agreement is unenforceable.

[gozone]

Bakedalasker, on 10 July 2009 - 05:46 PM, said:

That £2224,50 is the amount you owe for insurances. Nothing to do with the trade in price.

They have excluded your old car from the agreement. We now need to prove you part exchanged your old car. If we can do this we have a strong argument that the agreement is unenforceable.

cheers they are very crafty didn't know they had done that how am i gonna get proof that i traded the old car in cause i was half way through paying the installments on the old car so they must have done some kinda trade in somewhere why is it missing

[neil40]

gozone, on 10 July 2009 - 09:33 PM, said:

cheers they are very crafty didn't know they had done that how am i gonna get proof that i traded the old car in cause i was half way through paying the installments on the old car so they must have done some kinda trade in somewhere why is it missing

Easier than you think. DVLA will for a £5 fee, give you the details of who owns the car now, all you have to do is ask them where they got it, if they bought it after you, it will be from auction. If someone else owned it prior to that, there name would be on the Logbook as previous owner and you could contact them.

This post has been edited by neil40: 11 July 2009 - 08:12 AM

[gozone]

neil40, on 11 July 2009 - 09:11 AM, said:

Easier than you think. DVLA will for a £5 fee, give you the details of who owns the car now, all you have to do is ask them where they got it, if they bought it after you, it will be from auction. If someone else owned it prior to that, there name would be on the Logbook as previous owner and you could contact them.

thats gonna be very difficult to do as for one i cannot remember the registration number also what if the car as had a number of owners does that mean the only way i can do anything is by proving that i owned and traded this car in surely there must be a way i can do this have ycc covered this up then as it doesn't show on the letter i posted what am i gonna do now!!!!

[gozone]

please help and let me know what my next move should be

[gozone]

hi there hope noone as forgotten about me but i have had no answer back on my problem please help don't know what else to do i have had a letter from marlin today demanding the money in 5 days please let me know what my course of action should be now thanks you have been very helpful in the past i really need to get this resolved

[Bakedalasker]

You need to get all the information from them. You need to send them a DPA request. This am afriad will cost you £10. What we need is the invoice sale form. If they fail to provide this then we will ask for it specifically in another letter.

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxx

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
10. Copies of statements for the entire duration of the credit agreement.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,