We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

DCA

Sparrow44
Sparrow44 Posts: 5 Forumite
First Post
Last year I submitted a complaint to Mercedes on behalf of my friend using the Martin Lewis template for DCA claims in respect of two cars and they acknowledged it ok. However, their response is now that the car finance for these cars was not regulated and therefore they are not subject of any FCA ruling. Even though Mercedes itself is governed by the Financial Conduct Authority. Can anyone advise me is it that easy for them to dismiss the claims. Appreciate some advice, thanks.

Comments

  • sourcrates
    sourcrates Posts: 31,902 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    I would just hang fire on this, as the regulator (the FCA) is now moving ahead with a mandatory compensation scheme due next year.

    I would wait for further updates from them on how to proceed.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • ManyWays
    ManyWays Posts: 1,559 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    Were these leases rather than HP/PCP?
    Were they personal finance or supplied to a business?
     
  • Thanks very much for your responses ManyWays and Sourcrates, sorry it’s taking me a while to do simple things like finding my original post but I’m getting there. Also I’m getting the paperwork back from my friend to see what kind of loans they were.
  • Sparrow44
    Sparrow44 Posts: 5 Forumite
    First Post
    Hi ManyWays, they were personal loans, Lookers ‘Agility’ PCP loans.
    The first car was bought in 2007 and the balloon payment was paid off by purchase of the second car in 2017. The balloon payment for that one was paid off by a bank loan upon return of the car to Mercedes in 2020.
    My friend cannot find the agreements but she has:
    1. Lookers ‘Vehicle Order and Agreement’ doc. 
    2. The ‘Pre Contract Credit Information’ doc which show the various entities to be authorised and regulated by the FCA.
    I’ll appreciate any further advice.
    If it doesn’t look hopefull  then I will go back to Mercedes to clarify if they are truly dismissing the claim and either sit tight as sourcrates says or fall into the hands of a firm like Courmacs and then sit tight.
  • Isthisforreal99
    Isthisforreal99 Posts: 356 Forumite
    100 Posts Name Dropper
    edited 14 September at 4:55PM
    Sparrow44 said:
    Hi ManyWays, they were personal loans, Lookers ‘Agility’ PCP loans.
    The first car was bought in 2007 and the balloon payment was paid off by purchase of the second car in 2017. The balloon payment for that one was paid off by a bank loan upon return of the car to Mercedes in 2020.
    My friend cannot find the agreements but she has:
    1. Lookers ‘Vehicle Order and Agreement’ doc. 
    2. The ‘Pre Contract Credit Information’ doc which show the various entities to be authorised and regulated by the FCA.
    I’ll appreciate any further advice.
    If it doesn’t look hopefull  then I will go back to Mercedes to clarify if they are truly dismissing the claim and either sit tight as sourcrates says or fall into the hands of a firm like Courmacs and then sit tight.
    How much was the finance?

    The actual amount may make it unregulated.
  • XRS200
    XRS200 Posts: 259 Forumite
    100 Posts Name Dropper First Anniversary
    Sparrow44 said:
    Hi ManyWays, they were personal loans, Lookers ‘Agility’ PCP loans.
    The first car was bought in 2007 and the balloon payment was paid off by purchase of the second car in 2017. The balloon payment for that one was paid off by a bank loan upon return of the car to Mercedes in 2020.
    My friend cannot find the agreements but she has:
    1. Lookers ‘Vehicle Order and Agreement’ doc. 
    2. The ‘Pre Contract Credit Information’ doc which show the various entities to be authorised and regulated by the FCA.
    I’ll appreciate any further advice.
    If it doesn’t look hopefull  then I will go back to Mercedes to clarify if they are truly dismissing the claim and either sit tight as sourcrates says or fall into the hands of a firm like Courmacs and then sit tight.
    This doesn't sound right.  I doubt the 2007 loan balloon payment was made in 2017.  On the second one, you don't pay a balloon payment and return the car.
  • Sparrow44 said:
    Hi ManyWays, they were personal loans, Lookers ‘Agility’ PCP loans.
    The first car was bought in 2007 and the balloon payment was paid off by purchase of the second car in 2017. The balloon payment for that one was paid off by a bank loan upon return of the car to Mercedes in 2020.
    My friend cannot find the agreements but she has:
    1. Lookers ‘Vehicle Order and Agreement’ doc. 
    2. The ‘Pre Contract Credit Information’ doc which show the various entities to be authorised and regulated by the FCA.
    I’ll appreciate any further advice.
    If it doesn’t look hopefull  then I will go back to Mercedes to clarify if they are truly dismissing the claim and either sit tight as sourcrates says or fall into the hands of a firm like Courmacs and then sit tight.
    How much was the finance?

    The actual amount may make it unregulated.
    Sparrow44 said:
    Hi ManyWays, they were personal loans, Lookers ‘Agility’ PCP loans.
    The first car was bought in 2007 and the balloon payment was paid off by purchase of the second car in 2017. The balloon payment for that one was paid off by a bank loan upon return of the car to Mercedes in 2020.
    My friend cannot find the agreements but she has:
    1. Lookers ‘Vehicle Order and Agreement’ doc. 
    2. The ‘Pre Contract Credit Information’ doc which show the various entities to be authorised and regulated by the FCA.
    I’ll appreciate any further advice.
    If it doesn’t look hopefull  then I will go back to Mercedes to clarify if they are truly dismissing the claim and either sit tight as sourcrates says or fall into the hands of a firm like Courmacs and then sit tight.
    How much was the finance?

    The actual amount may make it unregulated.
    Hi Isthisforreal99, the second car loan was about £47k and the first one I think about £35 k
  • Hi XRS200, thanks and sorry I got it wrong for both cars, it looks like the balloon payment for the first car was made around 2010 and the second car was returned in lieu of the balloon paymen for that one,
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.9K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.1K Spending & Discounts
  • 244.9K Work, Benefits & Business
  • 600.5K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.