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linz79

Hi I need help,I was missold ppi from Renault when I bought a car on finance,but unfortunately I don't have any of my paperwork so I have been to my bank to try and get bank statements but was told I could only get them for the past 7 years but I need them from 1998,can anyone help me in what I could do? Thank you.

dunstonh

Car dealers were not regulated until January 2005. So, the dealer can reject your complaint due to being prior to regulation. You dont get access to the FOS either as that only started in Jan 2005 too.

That said RCI do consider pre-2005 complaints and have been known to uphold them where it is a clear mis-sale (a factual one rather than an unprovable allegation).

linz79

Thank you for your reply, When I purchased my car I was told by the man who sold me the car,which I still no his name,he told me unless I took out ppi I would not be able to get the finance.thanks

magpiecottage

Your allegation is unprovable.

In addition, whilst some insititions will consider pre 2005 misselling allegations this is generally because, at the time, they subscribed to the General Insurance Standards Council's code of practice at the time.

That code was only issued in 2001 so a 1998 sale would not be covered by it.

This means that the Financial Ombudsman Service would have no jurisdiction and you would only be able to pursue the matters through the courts. As the sale of such products was not regulated at the time, a court could only look at other legislation.

That would, in essence, come down to the Misrepresentation Act - but, as I say, you cannot prove the misrepresentation which you allege.

In addition, unless you could prove that the misrepresentation was fraudulent, as opposed to merely negligent, section 14B of the Limitation Act 1980 (as inserted by the Latent Damage Act 1986, would enable a timebar to be applied - i.e. you are too late to go to court for a negligence action.

[Deleted User]

linz79 wrote: »

When I purchased my car I was told by the man who sold me the car,which I still no his name,he told me unless I took out ppi I would not be able to get the finance.thanks

Do you have any documentary proof that you were told this? If not, it's just an unproveable allegation.

Knowing the name of the person who sold you the policy is not helpful in the least, as he wont be able to confirm or deny that you had PPI 18 years ago!

1998 is 7 years prior to regulation and even if statements were available, you'd face an uphill battle.
With no paperwork, I'd say your chances of success are nil.