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PPI - Welcome Finance - PLEASE HELP

Hi!

In 2006 I took HP for a car with Approved Car Finance (they work for WF). On the day the rep I was talking to said clearly (I have witness) that if I want I will be able to return a car after 2year period (original agreement was 4years) and I will not have to pay any money after that. For 2 years I paid very high instalments but I was happy about it at the time. In around february 2008 I've sent termination request to WF as well as PPI repayment request to ACF. If I remember correctly I've received negative answer from ACF. I wasn't worried about it to much at the time as I wanted to end a agreement anyway and I was absolutely sure that I won't have to pay any more. It took several phone conversations and number of letters send out to finally made WF come in and collect a car in SEPTEMBER!. I was a convinced that this is the end. To my surprise WF started to chase me for over £3000 of PPI (which as they said have to be paid for whole 4 years despite what rep said on the day of which agreement was sign). In this sum they included charges of around £1000 for missing car tax, despite me trying to make them to collect the car for over a 6 months. When they informed me about charges I've contacted R James Hutcheon Solicitors and they was dealing wit he case from January 2009. Early on this year they asked
Financial Ombudsman to have look but unfortunately I've been just informed that because of my PPI repayment request in 2008 they will not be able to investigate. My solicitors have told me that I can go to court but because low amount they will not be able to help me.

I'm totally terrified. As you probably already know I'm foreign and I don't know what to do next. If I have £3000 I would pay them just to forget about it not to mention spoiled credit rating. Unfortunately I dont have that kind of money. I feel that I was cheated big time by WF ACF and even my solicitors dont seem to great in helping me.

This was Hire Purchase Agreement, and it is possible to return a goods after period of time, in this case 2 years. I do have some paperworks for that. It wasn't repossession. At the time (when I send cancellation request) payments was up to date. I have no idea why they took so long to collect the car but I can only assume they knew time is playing to my disadvantage. At this moment whole amount due is PPI plus some unjustified collection charges. As far as I understand my solicitor won't put the case forward as final value is less than £5000. From yesterday I have contacted number of other solicitors and I have some responses. The only problem is that I don't want to spend another 18 months waiting only to be told they will not help me. Don't know which solicitor to chose. Or perhaps I should take different approach? I'm totally confused. Unfortunately, as I was told, because of my previous PPI repayment request in 2008, I have only 6 months to refer to Financial Ombudsman. Back in 2008 I didn't pursue getting PPI back as I was absolutely sure that after termination I will not have to pay anything.

Comments

  • di3004
    di3004 Posts: 42,579 Forumite
    malutki220 wrote: »
    Hi!

    In 2006 I took HP for a car with Approved Car Finance (they work for WF). On the day the rep I was talking to said clearly (I have witness) that if I want I will be able to return a car after 2year period (original agreement was 4years) and I will not have to pay any money after that. For 2 years I paid very high instalments but I was happy about it at the time. In around february 2008 I've sent termination request to WF as well as PPI repayment request to ACF. If I remember correctly I've received negative answer from ACF. I wasn't worried about it to much at the time as I wanted to end a agreement anyway and I was absolutely sure that I won't have to pay any more. It took several phone conversations and number of letters send out to finally made WF come in and collect a car in SEPTEMBER!. I was a convinced that this is the end. To my surprise WF started to chase me for over £3000 of PPI (which as they said have to be paid for whole 4 years despite what rep said on the day of which agreement was sign). In this sum they included charges of around £1000 for missing car tax, despite me trying to make them to collect the car for over a 6 months. When they informed me about charges I've contacted R James Hutcheon Solicitors and they was dealing wit he case from January 2009. Early on this year they asked Financial Ombudsman to have look but unfortunately I've been just informed that because of my PPI repayment request in 2008 they will not be able to investigate. My solicitors have told me that I can go to court but because low amount they will not be able to help me.

    I'm totally terrified. As you probably already know I'm foreign and I don't know what to do next. If I have £3000 I would pay them just to forget about it not to mention spoiled credit rating. Unfortunately I dont have that kind of money. I feel that I was cheated big time by WF ACF and even my solicitors dont seem to great in helping me.

    This was Hire Purchase Agreement, and it is possible to return a goods after period of time, in this case 2 years. I do have some paperworks for that. It wasn't repossession. At the time (when I send cancellation request) payments was up to date. I have no idea why they took so long to collect the car but I can only assume they knew time is playing to my disadvantage. At this moment whole amount due is PPI plus some unjustified collection charges. As far as I understand my solicitor won't put the case forward as final value is less than £5000. From yesterday I have contacted number of other solicitors and I have some responses. The only problem is that I don't want to spend another 18 months waiting only to be told they will not help me. Don't know which solicitor to chose. Or perhaps I should take different approach? I'm totally confused. Unfortunately, as I was told, because of my previous PPI repayment request in 2008, I have only 6 months to refer to Financial Ombudsman. Back in 2008 I didn't pursue getting PPI back as I was absolutely sure that after termination I will not have to pay anything.


    Hello there

    I'm sure someone will be along to help you on this one soon, but being mis sold the PPI for any reason you can of course try to reclaim on this.

    When you complain and when given the final decision it is that of 6 months you have as from their final decision.

    You could however contact the FOS now on this and see what they advise, they may deal with this now and even write to the business for you, give them a call if you can.
    http://www.financial-ombudsman.org.uk/contact/index.html

    Fingers crossed for you and I'm sure all will be resolved for you soon, and hopefully others on here will have some answers as well.;)
    The one and only "Dizzy Di" :D
  • malutki220
    malutki220 Posts: 12 Forumite
    I have just received a response from the Financial Ombudsman advising that they will not be able to investigate my claim as the they do not believe there was sufficient reason for not referring my claim to them following the original rejection by ACF.
    They have advised that they may reconsider their decision if I disagree with the decision and have any evidence that may assist.

    What sort of evidence they looking for?
  • di3004
    di3004 Posts: 42,579 Forumite
    malutki220 wrote: »
    I have just received a response from the Financial Ombudsman advising that they will not be able to investigate my claim as the they do not believe there was sufficient reason for not referring my claim to them following the original rejection by ACF.
    They have advised that they may reconsider their decision if I disagree with the decision and have any evidence that may assist.

    What sort of evidence they looking for?


    I am baffled here now to be honest, maybe they just require further information.

    Hopefully someone will have some answers on this one for you, but have you thought about requesting a Subject Access Request (SAR) from the business, where they hold all the information on your account with them?

    (If you want to do this, its of course up to you), request for a SAR from the business, you enclose £10 cheque or postal order, they have 40 calendar days to comply, hopefully someone useful will be enclosed to support your case.
    There is a template here:
    https://forums.moneysavingexpert.com/discussion/1475553

    Did you also make many phone calls to the business? if so did you know if they confirmed if calls were recorded?
    You could ask them to send you a copy of the telephone calls, they should confirm if they are able to supply these or not yet on the SAR it requests for these, and/or transcripts for calls made etc.

    Normally the FOS do give you the opportunity to have your case looked at again, so maybe if you want to request for a SAR, and want them to continue with your case, tell them you are requesting further information from the business which could take up to 40 days before you receive anything from them.

    Meanwhile, hopefully someone will have some answers for you on this one.
    Good luck with this.:)
    The one and only "Dizzy Di" :D
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