Applying for refund on behalf of Deceased persons estate - payments refused!

bluesmum

I have applied to Mobilize Financial Services previously RCI, for consideration with regard to the discretionary commission (using the form on this site with the car registration details).  I am applying on behalf of my father's estate as he passed away in 2022.  The car I was claiming for had been sold in the year prior to his death.  I explained this to the call handler.  They will not speak to me until I provide a death certificate (data protection) which I can provide. 

My problem is that they quoted to me on the phone 'the car or paperwork must be part of the estate when the Agreement Holder died, or there is nothing they can do'.  I explained to the call handler that the Agreement Holder could not have known about a possible case going through the courts at the time of his death, and therefore unable to predict that a car he had sold may need to be considered in his will. 

This seems to be another way of avoiding payment.  I don't know how many other people are being told this information.

dunstonh

This seems to be another way of avoiding payment.

Not really
a) the FCA hasn't yet decided if there is any wrongdoing, and if there is, what areas they are concerned with.
b) most lending did not use DCA
c) where DCA was used, it was not always negative but positive.
d) Most dealers didn't use it and statistically, it was only a minority of cases where it was used negatively. 

So, at this stage, with complaints suspended until September you wait.

My problem is that they quoted to me on the phone 'the car or paperwork must be part of the estate when the Agreement Holder died, or there is nothing they can do'. 

By any chance, you didn't make reference to a data subject access request?   That is a response often given in that scenario.

Otherwise, the executor of the estate has every right to make a complaint on historic events.

bluesmum

Is it correct for this company to tell all persons in this sitution that if a person who signed the agreement is now deceased then they are not in any position to claim back any monies? - that was my point.  This company are not being clear with the facts.

dunstonh

Is it correct for this company to tell all persons in this sitution that if a person who signed the agreement is now deceased then they are not in any position to claim back any monies? 

No.

- that was my point.  This company are not being clear with the facts.

My point is if you used a template that also asked for a data request, then the response could have been for that.  (the template on this site does that for example).