Finance Facility - any advice gratefully received!!

Newbargainhunter1984

Hi,
I'm new so hope I've posted in the right place etc.
My partner stupidly got scammed by "finance facility" at the beginning of December he was offered a loan but never took as a family member managed to help us out so we haven't entered into any loan agreement.
Unfortunately when my partner realised he'd been scammed and also presumed he was never gonna get that money back had a bit of a rant at the manager at finance facility and was somewhat abusive!
Anyway I got home from work and wrote a letter requesting the refund minus the £5 admin fee which I sent recorded delivery and I tracked it and it has been received and it's now been 21 days so I emailed them from my partners email address and they replied with this

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Normally, you would need to write to refunds directly only once the term has expired, not before. However in view of what we can see you said to a young female member of our staff, our senior Management are still considering reporting you and sending a copy of the recording over to the Police.

We will not tolerate such comments and we will take whatever action we deem fit. We are not obliged or will we in the future correspond with any customer who abuses verbally or otherwise, any member of our staff. You have caused great anguish to the particular girl concerned, as her mother is currently suffering from terminal cancer, I hope that makes you happy!

Personally, I regard your comments as derived entirely from the mind of a cretin and as such will be treated with the contempt you deserve.

Any further comments either by email, in writing or verbally direct or indirectly, will result in us contacting the authorities to take action.

In accordance with our T&C's that you have agreed too, once an application has been processed, it cannot be cancelled. However, we do operate a refund policy, this is stated in our T&C's, namely in the event you do not take a financial solution in the period of the 6 months we act for you and only once this term has expired, we will refund the fee less a £5.00 admin charge. This is in full compliance with the Consumer credit Act 1974, section 155. In accordance with our T&C's you have to write (they do not accept emails, faxes or telephone calls) to the refunds department when the term has expired to: The Refunds Department, P.O. Box 215, Prescot, L35 1WA. They can take up to 21 days to refund any money due. In the event you have taken a financial solution (loan, credit card, other, etc) during our exclusive 6 month period with anyone, they are not then obliged to refund anything.

We may or may not consider your request at the due time.

Customer Care
The Finance Facility

Can they actually withhold the refund on the basis of an angry rant from my partner?!
Any help would be gratefully received.
Many thanks in advance!!

[Deleted User]

Exactly what the heck did he say to elicit a response like that?

However, they will need to refund or not in accordance with their t&cs.

chalkie99

I can't see anywhere it says they are withholding a refund because of your partners behaviour.

They are saying that a 6 month contract was entered into and you have to wait until the 6 months are up before you can show you have not used their services and only at that time can you apply for a refund.

Probably best to keep quiet and play the game according to the rules you agreed to rather than aggravate the situation.

chanz4

Maybe worth reading the telecomunications act, if it is what I think he had said he could be in hot water if they do.

Newbargainhunter1984

chanz4 wrote: »

Maybe worth reading the telecomunications act, if it is what I think he had said he could be in hot water if they do.

Really?! I'll have a look for the telecommunications act and have a read.

Thank you all for your replies, it's much appreciated!!!

BonkersBonkers

OP if someone's mother is suffering from terminal cancer would she be working for such a sh** bag company?

Advise them you are happy to release the call to whoever they like - I bet you they won't! I agree they have to refund you if you have followed their refund policy.

the_insider

BonkersBonkers wrote: »

I agree they have to refund you if you have followed their refund policy.

But the refund policy states you have to wait 6 months before they can determine whether or not you've benefitted from the services they provide. So OP will just have to wait.

Newbargainhunter1984

BonkersBonkers wrote: »

OP if someone's mother is suffering from terminal cancer would she be working for such a sh** bag company?

Advise them you are happy to release the call to whoever they like - I bet you they won't! I agree they have to refund you if you have followed their refund policy.

I think this just shows how unprofessional they are, to share that sort of information about one of their employees and also to write things that are just opinions there's no actual facts and talking about treating with contempt??!! What the......

Gonna just wait out the 6 months and send another letter just to be sure.

Thanks again everybody!

Mahlooji

This company is a complete scam, they did the same to my sister in law and threatened her and she has now reported them to FOS, Trading Standard and Fraud department and every one should do the same.

Their threats have no legal standing in Court, one look at all the comments here no Court or Judge will take this company's side.

Mahlooji

This is a complete lie on their behalf. They've basically covered their own backs with the 6 months clause and also by saying that any other loan taken is included in the arrangement so they get their fee whether or not you take a loan dealt by them which legally they have no leg to stand on in a Court and they know it but by threatening customers they hope they can get away with it.

Monkeyballs

Hi,

This sounds like a tactic to make you go away...

The reality is that if their employee had received the appropriate training they would have simply said something along the lines of "I'm sorry but I find your comments inappropriate and am now hanging up", if the person was a manager (which is not what is implied in their letter) then they would almost certainly have done this.

I would apologise profusely for any distress caused, explain your frustration and ask for a copy of the recording

I don't see how you were scammed though if you were offered a loan but decided not to take it?

MB