Discretionary Commission claim for late husband

jack_tyler
jack_tyler Posts: 137 Forumite
Tenth Anniversary 10 Posts Combo Breaker
edited 9 January at 10:45AM in Reclaim car finance
Hello, looking for advice.

I believe I can put a claim in for discretionary commission on behalf of my late husband, unfortunately though I don't know the registrations or the vehicles he has had. My late husband was a motorcyclist and I know he had HP finance on at least 4 motorbikes (not at the same time) I know the finance agreements where with either Black Horse, Close Brothers, Moto Novo or Santander, but I'm not sure where he bought the bikes from.  I also know he has had 2 cars on HP, I do know the registrations of these and I know where the cars were bought from. With so little detail, can I still put a claim in on his behalf? For information my husband was killed in a motorcycle accident in 2014. I would be grateful for any advice, thank you 

Comments

  • dunstonh
    dunstonh Posts: 119,121 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
     With so little detail, can I still put a claim in on his behalf? 
    You need to know who to complain to and have sufficient details for them to be able to identify your husband.  Plus, you have to hope they have retained data beyond what is typical for data protection act required destruction.   That is typically 6-7 years after the point the finance has been repaid.   Destructions have been on hold for a couple of years.  So, it may be up to 10 years.

    Also, it only applies to finance arranged after April 2007.    So, you have quite a small window between 2007 and 2014 unless your husband was frequent changer.

    you could look at photographs from that period to see if any of his bikes appear and that gives you the reg, which in turn can give you the make/model which may then help identify the likely dealer and finance company.

    You have plenty of time as there has yet to be any ruling on whether this is an issue or not.  The FCA already deferred it until late next year and it is expected that legal actions will result in it being deferred another year or two beyond that.
    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.
  • dunstonh said:
     With so little detail, can I still put a claim in on his behalf? 
    You need to know who to complain to and have sufficient details for them to be able to identify your husband.  Plus, you have to hope they have retained data beyond what is typical for data protection act required destruction.   That is typically 6-7 years after the point the finance has been repaid.   Destructions have been on hold for a couple of years.  So, it may be up to 10 years.

    Also, it only applies to finance arranged after April 2007.    So, you have quite a small window between 2007 and 2014 unless your husband was frequent changer.

    you could look at photographs from that period to see if any of his bikes appear and that gives you the reg, which in turn can give you the make/model which may then help identify the likely dealer and finance company.

    You have plenty of time as there has yet to be any ruling on whether this is an issue or not.  The FCA already deferred it until late next year and it is expected that legal actions will result in it being deferred another year or two beyond that.
    Thank you for that. Based on what you have said regarding the window of 2007 and 2014, I know he has had at least 2 motorcycles in this time and definitely 2 cars. I know the makes and model of the bikes just not sure of where he bought them or the registrations, however I will look at old photographs. But I do know the make and model of the cars, as well as the registrations. Mainly because he bought the cars for me and the last one had to be handed back as I couldn't afford the repayments on it after losing my husband. I also know where the cars were bought from, both were Ford dealerships, but different ones. 
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