GMAC PPI Claim - Never Heard Such Nonsense!

alexand_2

Hi,

On Dec 4th I sent a letter (Martin's PPI template letter 1) to GMAC stating that I was mis-sold their PPI insurance (car loan) with my own specific reasons.

Today I received a letter back from GMAC:

We are sorry to receive your complaint regarding the sale of your PPI. However please note that GMAC Financial Services is not responsible for the sale of the insurance. The insurance was purchased at the dealership with whom your finance was arranged.

As a result you are required to approach the dealership directly to investigate and resolve the above complaint at the address below:

Kia Motors
..................
..................

We would like to apologise that GMAC Financial Services are not in a position to assist you further with this matter.

My question is this:

If it's GMAC that's taking the £19.96 every month, along with the £285.44 for the Hire Purchase Agreemnet (£305.40 combined payment), why isn't it their responsibility?

Do I write to the Kia dealership to reclaim the PPI, or send letter 2 of the template back to GMAC?

Is this true that it's nothing to do with GMAC and it's down to the Kia dealer?

Any advice would be appreciated.

Many thanks,

Alex

di3004

alexand wrote: »

Hi,

On Dec 4th I sent a letter (Martin's PPI template letter 1) to GMAC stating that I was mis-sold their PPI insurance (car loan) with my own specific reasons.

Today I received a letter back from GMAC:

We are sorry to receive your complaint regarding the sale of your PPI. However please note that GMAC Financial Services is not responsible for the sale of the insurance. The insurance was purchased at the dealership with whom your finance was arranged.

As a result you are required to approach the dealership directly to investigate and resolve the above complaint at the address below:

Kia Motors
..................
..................

We would like to apologise that GMAC Financial Services are not in a position to assist you further with this matter.

My question is this:

If it's GMAC that's taking the £19.96 every month, along with the £285.44 for the Hire Purchase Agreemnet (£305.40 combined payment), why isn't it their responsibility?

Do I write to the Kia dealership to reclaim the PPI, or send letter 2 of the template back to GMAC?

Is this true that it's nothing to do with GMAC and it's down to the Kia dealer?

Any advice would be appreciated.

Many thanks,

Alex

Hi and welcome.

This can be a confusing matter.
Yes its correct, whoever actually arranged and sold you the finance is the ones who are responsible.

In your case now I would take a photocopy of the letter you received and enclose it with a letter to reclaim on this, and make them aware that you have been informed that these are responsible/refer to copy of letter enclosed.

Do you still have a copy of the letter you first sent?

Just photocopy that one and send to these, and as stated above a copy of the letter from the other business.
Also as best, post by recorded delivery for your proof of posting.


Good luck please keep us posted and ask for help when required.;)

PaulinWeston

Di & Alexand

When I started my claim on my car loan (the loan was taken out at the local Volkswagen Dealership - & the paperwork was signed on a Volkswagen Financial Services Ltd agreement) I was advised that the claim lay with the company the loan/PPI was with (NOT the dealership).

This is because the Creditor is the loan company and they are liable for the representations of the salesman (they allowed to sell the loan/policy) made in antecedent negotiations under section 56 of the Consumer Credit Act 1974.

Section 56 of the CCA states:

56. Antecedent negotiations.

(1) In this Act “antecedent negotiations ” means any negotiations with the debtor or hirer:
a. conducted by the creditor or owner in relation to the making of any regulated agreement, or
b. conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12 (a), or
c. conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement within section 12(b) or (c), and “negotiator ” means the person by whom negotiations are so conducted with the debtor or hirer.

(2) Negotiations with the debtor in a case falling within subsection (1)(b) or (c) shall be deemed to be conducted by the negotiator in the capacity of agent of the creditor as well as in his actual capacity.

(3) An agreement is void if, and to the extent that, it purports in relation to an actual or prospective regulated agreement:

a. to provide that a person acting as, or on behalf of, a negotiator is to be treated as the agent of the debtor or hirer, or
b. to relieve a person from liability for acts or omissions of any person acting as, or on behalf of, a negotiator.

(4) For the purposes of this Act, antecedent negotiations shall be taken to begin when the negotiator and the debtor or hirer first enter into communication (including communication by advertisement), and to include any representations made by the negotiator to the debtor or hirer and any other dealings between them.

In this claim section 56 (1) (c) and 56 (2) and 56 (4) all apply.

For what it's worth, I would suggest writing back to GMAC and pointing this out to them (they know it already - they're just trying it on!). FYI Volkswagen Finance did EXACTLY the same thing to me ... but in the end they paid up in full!!

Hope this helps

di3004

Hi Paul

Thanks for this info.:D;)

melorablack

Whoever sold the insurance is responsible for it, not the insurer themselves.

PaulinWeston

melorablack wrote: »

Whoever sold the insurance is responsible for it, not the insurer themselves.

That's right - GMAC sold the insurance through the vauxhall dealership

shopkeeper12

hi everyone, sorry to jump in on your thread, i have sent a complaint to volkswagen about the mis selling of ppi, i have recieved a response today from them (after 3 weeks) saying that they have forwarded my complaint to the dealer as 'Insurance business is introduced to volkswagen Financial Services via the retailer network, which consisits of independent businesses, both in terms of ownership and Finacial Services Authority Authorisation. Asd the allegation in this instance concerns selling of the volkswagen Fianncial services payments protection we would rspectfully suggest that this matter be directed in the first instance to the point of sale:
then follws the dealer details
They go on to say that they have forward a copy of my complaint to the dealer.
any help would be good, as i am not sure where to go from here, many thanks in advance, i thiought that as they did the finance etc, and i paid them every months for the loan and the insurance that they would be the ones who i should complain to,

di3004

shopkeeper12 wrote: »

hi everyone, sorry to jump in on your thread, i have sent a complaint to volkswagen about the mis selling of ppi, i have recieved a response today from them (after 3 weeks) saying that they have forwarded my complaint to the dealer as 'Insurance business is introduced to volkswagen Financial Services via the retailer network, which consisits of independent businesses, both in terms of ownership and Finacial Services Authority Authorisation. Asd the allegation in this instance concerns selling of the volkswagen Fianncial services payments protection we would rspectfully suggest that this matter be directed in the first instance to the point of sale:
then follws the dealer details
They go on to say that they have forward a copy of my complaint to the dealer.
any help would be good, as i am not sure where to go from here, many thanks in advance, i thiought that as they did the finance etc, and i paid them every months for the loan and the insurance that they would be the ones who i should complain to,

Hi there

It is correct to pursue through the ones who arranged this for you, so now they have 8 weeks in full to respond.
If you hear nothing by then you can either discreetly wait a little longer and chase them up, or complain to the financial ombudsman service (FOS).

Please keep us posted, and good luck with this, any further questions please ask anytime.;)

Di

shopkeeper12

thank you for your reply, i'm unsure how to phrase my next letter, are there any quotes etc i should use re volkswagen being the ones who i should complain to and not the dealership, any thoughts would be great shopkeeper 12 x

lea881

Hi all,
Not sure if im right in doing this but im claiming from GMAC and writing directly to the financial ombudsman am i better going direct to them rather than gmac? looking at all your comments i want sure whether i was doing the right thing but i just want t fast track and make sure im not messed about

[Deleted User]

lea881 wrote: »

im claiming from GMAC and writing directly to the financial ombudsman am i better going direct to them rather than gmac? l just want to fast track and make sure im not messed about

I'm afraid you can't "fast track" your complaint ahead of everyone else's. You send your complaint (with valid and verifiable reasons) and the dealership has eight weeks in which to respond. You can only approach FOS either after these eight weeks have passed or when the dealership have given you a "full and final" response which you disagree with; whichever is the sooner.
Writing to FOS now, will simply delay your complaint still further.

Please note that your complaint should go to the dealership that sold you the car,not the insurer-unless you've been informed specifically that GMAC are liable.

Also, be aware that you are unlikely to get anywhere at all if your complaint pre-dates regulation in 2005...