Citroen finance complaint - seem to be getting the run around

outwood1

I used the online tool and emailed both Citroen and the dealer who supplied the car. Citroen are very clear that before January 2021 any DCAs would have been with the local supplier and NOT themselves.

The supplier has given me no new information other than the amount of borrowing (I supplied the reg no and date which they've just repeated back to me) and suggests I contact Citroen Finance.

I've asked the dealer to clarify why they've sent me back to Citroen as no one has confirmed the terms of my agreement. Has anyone had a similar circular discussion? Should I just go to the Financial Ombudsman? 

[Deleted User]

Stellantis Financial, as I believe Citroen are now known, do appear to be giving you the run around.  Any DCA agreement would be between the lender and the dealership, the lender would pay the dealership the commission.  If their name is on the agreement, they are involved with these commission arrangements.  If you are unhappy with their reply, there is no harm in logging a complaint for undisclosed commission with them and then referring it to the FOS in good time to cover yourself for any eventuality.  Ofc if they say no commission was paid (or no DCA if you accept that) you may wish to take it no further.  The lender is the direction of complaint and information here imo as it will be a CCA / unfair relationship issue as covered in the few published decisions by the FOS prior to the review and that would mean lenders are responsible. Best of luck.

dunstonh

Should I just go to the Financial Ombudsman? 

The FOS is not taking on complaints about DCA at this time.  The whole complaints process about DCA is suspended.

You are effectively jumping the gun here.   Until the FCA publish their report, no-one knows what is going to be the outcome.   So, just sit back and wait.

If you are unhappy with their reply, there is no harm in logging a complaint for undisclosed commission with them and then referring it to the FOS in good time to cover yourself for any eventuality.

There is no requirement for the commission to be disclosed.  That isn't what the issue is about.

[Deleted User]

A bit of a copy paste to my other response on this with a tag on about it not being about disclosure of commission.  Quite the opposite, the FOS advice is quite clear.  Keep making complaints if you think you are affected by commission, keep sending them to us within the timeframe.  The 'temporary' advice only applies if the commission is a DCA, in which case it will take longer. If it isn't then your complaint will not be affected by the temporary rules.  I'm unable to post the link but on the FOS website the page is 'Complaints about car finance commission' last updated 9-5-24 and it states:

"While the FCA conducts its review, you can still make a complaint but the rules for financial businesses handling complaints about discretionary commission arrangements in car finance are different"

All this means is 8 weeks to a response and 6 months to refer to FOS if not affected and 45 weeks / 15 months if not, they go on to explain:

The FCA’s temporary rules won’t apply if you bought the car:

• using car finance on or after 28 January 2021
• under a hire agreement, such as a ‘personal contract hire’
• with another commission model in use, such as flat fee or fixed rate

It is up to the individual what they want to do, no one has to sit on their hands and the FOS are not telling them to.

Tag on - You are stating it is not about the requirement for commission to be disclosed as if that is a given. The published FOS outcomes are indicative of their stance but by no means definitive.  This could be affected by the review and by appeals in the court around the possibility of 'bribes' - Google Wrench vs FirstRand PDF for one of those if you're interested, not a DCA either.  This does bring in to play the possibility that, now or later down the line, it could be about disclosure only.  The FOS were careful in their (extensive) published outcomes to skirt around the issue of Wood/Pengelly vs CBF as they didn't believe a court would consider this in the circumstances.  Now a court has and it has been appealed.  Conversely I think you are jumping the gun with your advice that this is not about disclosure, the review and rules are only about DCAs but they affect nothing else. To sit and wait because we 'don't know' is probably the worst thing to do, but again, individual choice based on their own decisions.

outwood1

Hi all

Thanks for the comments - at the moment I just don't know if there was a DCA, and that's my problem. All I'm getting is the dealer referring me back to Citroen whereas Citroen say its with the dealer!

It was 2013 and I just don't have records. 

I've sent the dealer the response I got from Citroen way back and they have replied to say they are going to look into it, their reply this time was quick, unlike the initial reply which took 6 weeks to give me nothing new other than the precise loan amount.  I'll give them a week or so to reply but my complaint to the FOS would be about the lack of information provided by both dealer and Citroen.

[Deleted User]

Hi OP! I feel your frustration. The dealer will have nothing to do with this claim, all commission claims and information will be with the lender, they are definitely the responsible firm so why they are sending you to the dealer I don't know except as a diversion / fob off. Citroen are now know as Stellantis Financial Services Stellantis Financial Services UK Limited (fca.org.uk) contact details on here to check if going to the right firm.  You are right, sometimes you need to go to the FOS if you are having problems getting the firm to even acknowledge your complaint.  They can advise you or, in some circumstances, formulate the complaint and send it for you, they are there to help.  It may well be your information no longer exists if your loan ended over 6 years ago, but it is best to be thorough when checking this as the lender will say 'can't find you' at every opportunity.  If it ended less than 7 years ago then an Experian and Equifax report will contain the loan details (and account number if its the one you pay a few quid for).  There is also the possibility of requesting old bank statements as the payment reference is often the account number.  Best of luck let us know how you get on.