Is this true about Carcraft PPI?

omronguru

We have contacted the FOS about Carcraft who sold my wife PPI when she bought a car from them in 2003 when she was told she could not have the credit unless she took out PPI. I was witness to this discussion they even taunted her by bringing the car off the lot and parking it right outside the office window!
The FOS have responded saying that as it was sold before 15th January 2005 they have no right to investigate the complaint!
I know many of the companies that call offering to settle these complaints - for a fee - say that is irrelevant and there is also the Limitations Act 1980 s32(1)(c) which seems to me to read that the claim is based on when we became aware of a fraudulent act taking place, not as the FOS seem to be saying based on the date the mis-selling took place!
Am I correct or do I just let this go?
Many thanks in advance for any expert advice

antrobus

omronguru wrote: »

...The FOS have responded saying that as it was sold before 15th January 2005 they have no right to investigate the complaint!....

That is correct.

omronguru wrote: »

.....there is also the Limitations Act 1980 s32(1)(c) which seems to me to read that the claim is based on when we became aware of a fraudulent act taking place, not as the FOS seem to be saying based on the date the mis-selling took place!...

Again that is correct, you can take legal action against Carcraft if you choose, but the FOS still can't consider your complaint because it is pre-regulation.

SailorSam

Despite their big flashy showrooms and hours of Tv advertising there are reviews all over the place that compare Carcraft and it's associated partners to something like a dodgy Del Boy set up trading on a street corner.

Insider101

omronguru wrote: »

We have contacted the FOS about Carcraft who sold my wife PPI when she bought a car from them in 2003 when she was told she could not have the credit unless she took out PPI. I was witness to this discussion they even taunted her by bringing the car off the lot and parking it right outside the office window!
The FOS have responded saying that as it was sold before 15th January 2005 they have no right to investigate the complaint!
I know many of the companies that call offering to settle these complaints - for a fee - say that is irrelevant and there is also the Limitations Act 1980 s32(1)(c) which seems to me to read that the claim is based on when we became aware of a fraudulent act taking place, not as the FOS seem to be saying based on the date the mis-selling took place!
Am I correct or do I just let this go?
Many thanks in advance for any expert advice

FOS can't consider it as a complaint as it is outside their jurisdiction. This is correct. You can take court action against them as a legal matter. However, you need to be aware that the onus will be on you to prove lawful wrongdoing. You are likely to be asked where your evidence is for any of the above.

dunstonh

The FOS have responded saying that as it was sold before 15th January 2005 they have no right to investigate the complaint!

Insurance regulation didnt start until Jan 2005. So, that is the right response.

I know many of the companies that call offering to settle these complaints - for a fee - say that is irrelevant and there is also the Limitations Act 1980 s32(1)(c) which seems to me to read that the claim is based on when we became aware of a fraudulent act taking place, not as the FOS seem to be saying based on the date the mis-selling took place!

Whilst you cannot use the free of charge complaints process set out by the regulator (as its a pre-regulation sale), you can use the courts. However, as PPI is not a legal issue but a regulator one, there are limited levels of success in courts and some that have tried it have ended up out of pocket when they lost their case. Part of the problem with any court action is that the onus is on you to provide evidence of wrong doing. You cannot quote FSA guidelines as they are not law and a pre-regulated sale is not covered by a regulator.

The date of sale is the key date. You would need to persuade a court that a fraud has taken place and that just hasnt happened.

Its game over.