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Car Finance and GDPR

I have approached my car dealer as I know I was mis-sold PPI twice! They have come back to me and said they have shredded all my details due to GDPR so therefore can't go ahead with a claim. I was not approached by the company before they did this.

Is there anything I can do regarding a claim...?

Is there anyway I can take a claim forward?

Thanks in advance.

Comments

  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 14 December 2018 at 5:53PM
    I have approached my car dealer as I know I was mis-sold PPI twice!
    In what way do you believe it was mis-sold?


    What are the dates involved?


    *It's not a claim, it would be a complaint.
  • If neither you nor they have no data, it's over.
  • dunstonh
    dunstonh Posts: 120,201 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I was not approached by the company before they did this.

    You wouldn't be. It's not your decision to make as to how the dealer decides it's deletion policy.
    Is there anything I can do regarding a claim...?

    Is there anyway I can take a claim forward?

    A GDPR deletion would suggest these are old loans. The FCA recommends 6 years after closure as a sensible deletion point. So, this puts it shortly after or before regulation of car dealers. What dates did you buy the PPI?

    If the dealer no longer has any records, they are required to use any records that you can supply.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Bunjamun wrote: »
    They have come back to me and said they have shredded all my details due to GDPR
    Did they specifically mention GDPR or simply data protection?

    Note that if this finance was prior to 2005, it would be pre-regulation of car dealers anyhow.

    Regardless, if neither side has documentary evidence of the finance any complaint has failed before it's even begun.

    Sorry.
  • Nasqueron
    Nasqueron Posts: 11,048 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Bunjamun wrote: »
    I have approached my car dealer as I know I was mis-sold PPI twice! They have come back to me and said they have shredded all my details due to GDPR so therefore can't go ahead with a claim. I was not approached by the company before they did this.
    .


    The firm I used to work for shredded our client medical records after 8 years, the clients were never consulted because there was no reason to do so in law. During that 8 year period they could request records, after that they are informed they have been shredded.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

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