Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • VanillaSlice
    • By VanillaSlice 15th Jul 17, 11:59 AM
    • 2Posts
    • 0Thanks
    VanillaSlice
    Car Finance PPI Claim: Refused Recourse to Ombudsman
    • #1
    • 15th Jul 17, 11:59 AM
    Car Finance PPI Claim: Refused Recourse to Ombudsman 15th Jul 17 at 11:59 AM
    Hi

    I bought a car in late 2001 on finance and paid PPI payments as part of the deal from a car dealership. I financed the car via Ford Credit, but when I wrote to them (enclosing copies of the original agreement and their later paperwork acknowleding the finance had been paid in full), they said it was nothing to do with them and kicked it on to the dealership. The dealership have written to me saying:

    1. We will not carry out a full investigation since "the sale/events complained about took place prior to the regulation of the product and our industry prior to 2005."

    2. They say that under their complaints procedure that their letter is their final response.

    3. "Furthermore you will not be able to refer the matter to the Financial Ombudsman Service (FOS) in respect of the sale [...] as it not regulated at the time of the sale and therefore outside of their jurisdiction."

    4. "General Insurance policies were not regulated until 14 January 2005 therefore the guidelines issued byt he Financial Conduct Authority (FCA)and the Office of Fair Trading ('OFT') can only be used to claim a missell if your agreement was signed after this date or if the business was a member of the General Insurance Standards Council. I can confirm that our business was not a member of GISC".

    5. I should instead contact Aviva/Norwich Union as the PPI underwriter.

    My questions are:

    First, Is the car dealer correct to refuse me and push me towards Aviva/Norwich Union even though on the dealership's employees pressurised me into buying PPI?

    Second, I took out a loan in 2002 and successfully claimed back PPI earlier this year, so is their statement that I can't do anything if its before 2005 not true? I wonder if they are just playing a delaying tactic since they know that Aviva/Norwich Union will say "nothing to do with us" since I didnt deal with them direct and they will just pass me back to the dealership? Have I been refused recourse to the FOS in a "knowlingly untrue manner" because they want to fob me off because they know they (not Aviva/Norwich Union) are liable?

    Third, have people had a great deal in success in claiming back car finance PPI (as opposed to bank PPI)?
Page 1
    • antrobus
    • By antrobus 15th Jul 17, 12:09 PM
    • 15,273 Posts
    • 21,783 Thanks
    antrobus
    • #2
    • 15th Jul 17, 12:09 PM
    • #2
    • 15th Jul 17, 12:09 PM
    ..1. We will not carry out a full investigation since "the sale/events complained about took place prior to the regulation of the product and our industry prior to 2005."
    Originally posted by VanillaSlice
    That's your problem. Regulation started in 2005. A PPI claim from 2001 is a dead duck.

    Time to move on.
    • -taff
    • By -taff 15th Jul 17, 12:09 PM
    • 7,098 Posts
    • 5,090 Thanks
    -taff
    • #3
    • 15th Jul 17, 12:09 PM
    • #3
    • 15th Jul 17, 12:09 PM
    Car deaers weren't regulated prior to 2005 so they don't have to consider your complaint and the FOS have no jurisdiction.
    Banks were regulated, hence you being able to complain.
    They're pushing you to the underwriter because it's your last chance, although because they didn't sell it to you, the car dealer did, they don't have to consider your complaint either.

    Not from pre regulation dealerships no, unless hey are a big chain, such as BMW for example, and I think that's mostly down to goodwill.
    • VanillaSlice
    • By VanillaSlice 15th Jul 17, 12:23 PM
    • 2 Posts
    • 0 Thanks
    VanillaSlice
    • #4
    • 15th Jul 17, 12:23 PM
    • #4
    • 15th Jul 17, 12:23 PM
    Hi Taff Thanks for the helpful reply (when compared to someone else's!). I wasnt aware that the regulation for PPI was different for sectors (Banks, Car Dealerships, etc), I thought that PPI would be the same regardless of the sector in which it arose since they are selling the same product. Nonetheless, I'll try Aviva/Norwich Union, though I suspect it will meet with the same response.
    • dunstonh
    • By dunstonh 15th Jul 17, 12:46 PM
    • 89,518 Posts
    • 55,956 Thanks
    dunstonh
    • #5
    • 15th Jul 17, 12:46 PM
    • #5
    • 15th Jul 17, 12:46 PM
    The insurer angle works on a very tiny number of cases depending on the contractual arrangement between the seller and the insurer and only happens between limited dates. It is been suggested that less than 10% of the cases where people are told to try the insurer actually have the insurer as being liable. So, worth a go (as you have no alternative) but dont get your hopes up.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • -taff
    • By -taff 16th Jul 17, 8:50 AM
    • 7,098 Posts
    • 5,090 Thanks
    -taff
    • #6
    • 16th Jul 17, 8:50 AM
    • #6
    • 16th Jul 17, 8:50 AM
    How very lovely to see you back Dunston

    Missed you.....
    • dunstonh
    • By dunstonh 16th Jul 17, 2:42 PM
    • 89,518 Posts
    • 55,956 Thanks
    dunstonh
    • #7
    • 16th Jul 17, 2:42 PM
    • #7
    • 16th Jul 17, 2:42 PM
    How very lovely to see you back Dunston

    Missed you.....
    Originally posted by -taff
    Back but probably going to be less of a help going forward. If the board admin team are going to start banning for two weeks just because you say "What is your solution and who do you want to pay for it as you didnt decide to put anything towards your retirement yourself?'", then there is little point having a discussion board if you are banning discussion.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

322Posts Today

1,824Users online

Martin's Twitter