Trying to claim from reg vardy (Pendragon PLC)

cturner78

Hi

I am trying to make a claim against reg vardy who were bought out by pendragon PLC.

I have sent copies of agreement plus the questionnaire and yesterday received a reply which has boiled my blood!!!

I quote: "we will not be investigating into this matter as according to our records, the event complained about took place more than 6 years ago and in accordance with DISP 1.8.1r the complaint is time barred....'

... Well I went to read this section And it quotes... '1,!2The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service:
(1)!more than six months after the date on which the respondent sent the complainant its final response or redress determination; or3

(2)!more than:

(a)!six years after the event complained of; or (if later)

(b)!three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint;

unless the complainant referred the complaint to the respondent or to the Ombudsman within that period and has a written acknowledgement or some other record of the complaint having been received;

So based on 2b. I am perfectly entitled to persue this claim. I get the distinct impression that pendragon have tried to use legislation to intimidate me and have picked a small part of the sub section to quote to me.

My question is this. Shall I

1) Go straight to the ombudsman, despite pendragon saying that I 'will not be able to refer this matter to the FOS as it is more than 6 years after the event and therefore out of their jurisdiction'??

2) write back to Pendragon with the full FOS section highlighted for them and see if they are prepared to back track?

Does anyone have any experience of this??

Apologies for the length of this... Wanted to make sure I was clear! Xx happy bank holiday weekend everyone! Xx

amersall

What year did you take this Loan out and did you pay the PPI in with the monthly Loan payment and not as a separate payment?.

cturner78

Hi

I took the loan in march 2006 and was paying the ppi alongside the loan for 60 months... until I finished paying the full loan which was last year.

Is it a normal diversion tactic to mis-quote the FOS in the way Pendragon have?? Surely they can get into even more trouble for this?

amersall

Did you pay this PPI in with the Loan amount each month?
Eg, Loan amount xxx
interest on Loan xxx
PPI amount xxx
Interest on PPI amount XXX
Total xxx
payable in 60 monthly payments of xxxx

If you paid it like this, then write back to them and reject the reasons they gave for not looking into this claim, tell them you were mis sold this PPI due to the fact it was a Single Premium, the full cost of this and how the pro rata rebate worked was not explained to you at the point of sale to allow you to make an informed decision, had this PPI been explained in full, you would not have taken it.

This was a loan on the loan paid to term end with interest, if you cancelled the PPI they would have given you a pro rata rebate of the PPI and the remaining PPI is still on the loan to term end.
If you settled this loan early then, as above you, would have a pro rata rebate and you would have paid back the remaining PPI in with the settlement figure.

Tell them that if they do not look into this claim with the reason you give for mis sell, you will pass this over to FOS for a second opinion.

They are trying to fob you off, although you can complain on 2b, they are blinding you with science in the hope that you go away, Single Premium PPI is the most upheld of all PPI reclaims and FOS do not like these types of PPI.

cturner78

This is a draft of the letter I'm planning on sending to pendragon... How does it look/sound?


Dear sirs

I write in reference to your recent correspondence regarding the policy noted above.

I understand that you are unwilling !to make any kind of investigation into my policy due to DISP 1.8.1. However I believe that you are incorrect in your summation of the clause. I therefore quote the full sub section quoted in your correspondence.

!!DISP 1.8 Complaints time barring rule

DISP 1.8.1!
If a respondent receives a complaint which is outside the time limits for referral to the Financial Ombudsman Service (see DISP 2.82)


DISP 2.82
"1, 2The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service:
(1) more than six months after the date on which the respondent sent the complainant its final response or redress determination; or3

(2) more than:

(a) six years after the event complained of; or (if later)

(b) three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint;

unless the complainant referred the complaint to the respondent or to the Ombudsman within that period and has a written acknowledgement or some other record of the complaint having been received"

I was only made aware that PPI insurance was included in this car loan in the past 2 months, Therefore section 2b of the clause stated above means I have a fully justifiable case for this policy and the PPI within to be investigated.

!I fully reject the reasons given for not looking into this claim. !I was mis sold this PPI due to the fact it was a Single Premium. ! the full cost and implications of this were not explained at the point of sale to allow you to make an informed decision, had this PPI been explained in full, you would not have taken it.

I trust that you will now look into this as a matter of urgency. I have included further copies of the loan agreement with the PPI schedule, a copy of your recent correspondence as well as a copy of the FSA !with the relevant sections highlighted for your attention.

I look forward to resolving this issue within 28 days. !

magpiecottage

To be honest, I would go straight to FOS. Unfortunately you will have to wait some time to get a result but, assuming it is upheld, you will get 8% per annum interest on it - which is more than you would receive elsewhere - and they will also have to pay FOS £850 for the privilege of being told something they ought to know already.

FOS will also make its own decision on jurisdiction - and gets quite miffed if firms suggest otherwise.

Adamski-killer

Hi Cturner, I am in exactly the same situation, have you any update on your claim, have you been successful.
I even got a no win no fee company involved to fight this on my behalf due to my lack of confidence in the HOW
unfortunatley they were confident but they are now in receipt of a duplicate rejection letter which id had before getting them involved and are no longer wanting to persue it, which has left me even more confused as to how to continue.

Please advise the procedures you took, and if you have had any success.


Regards Adam

[Deleted User]

Adamski-killer wrote: »

Please advise the procedures you took, and if you have had any success.

Cturner78 last used this forum on the 06/06/12.

Adamski-killer

I saw the dates but being new to the site I assumed they receive an email to say that there has been a comment added to the thread.

But based on cturner not seeing my comments has anyone else got any further advise

[Deleted User]

Adamski-killer wrote: »

But based on cturner not seeing my comments has anyone else got any further advise

You can't keep putting in the same complaint to the Bank.
It was a total waste of time getting a CMC to put in a duplicate complaint and it's no surprise that the Bank repeated their rejection.

CMCs are not able to magically make a rejection into a success.

No second complaint should ever have been sent.

Along with the rejection letters you will have received instructions on how to refer your complaint to the FOS which is what you should have already done by now.

Do note that you only have six months from the date of your original rejection to go to FOS.

magpiecottage

Call FOS tomorrow on 0300 123 9 123 or 0800 023 4567

They will talk you through the process.