TOYOTA REJECT MY CLAIM - THEY SAY THEY HAVE NO RECORD OF AN AGREEMENT

WBJB

Almost exactly a year ago, I wrote to Toyota Finance, using the tools on the "Money Saving Expert" website.  I used the format recommended, asking if my agreement had any form of commission and if so to treat the communication as a formal complaint etc.   
I took out a loan back in 2017 to purchase a Toyota Prius. I have a copy of the "Welcome Letter" which states the full details, including agreement number, but I didn't send that in.  I did include the agreement number, car registration number and the other details as suggested.  

On 29th October I finally received a letter (by email) from Toyota Finance, 

Toyota has rejected my claim, saying that they can not find a record of any agreement with me.

Below is a copy of the email I received.

Is this just an attempt to put people off?  Are they hoping some people will have lost their documents?

I apparently need to submit a further claim.  I guess I will now do that, and fortunately I have copies of the loan documents which should act as proof.

Has anyone else had the same experience?  Does anyone have recommendations about how to proceed?

Below is the letter I received from Toyota Finance 

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Dear Sir / Madam, Your complaint about any commission paid to the dealer by us for your introduction Thank you for your complaint about the commission which we apparently paid to the dealer for your introduction. This letter is our final response letter. 1. Your complaint You say that when the dealer introduced you to us, you did not know that a commission may, or would, be paid by us to the dealer for your introduction. 2. We have no record of any other agreement held in your name After undertaking a reasonable and proportionate search based on the information you've provided to us, we've been unable to find any record of your agreement with us. 3. Our final response We're therefore unable to uphold your complaint because we do not have any record of any agreement in your name. We therefore cannot say if we paid any commission to any dealer for your introduction of you to us. 4. You do not have any right to make a complaint to the Financial Ombudsman Service (the Ombudsman Service) Because we do not have any record of any agreement, you cannot refer your complaint to the Financial Ombudsman Service. However, if you are able to provide additional information that may help us identify the agreement/s you believe you have taken with Toyota Financial Services, we can review this further under a new complaint. Additional information that we can consider is as below: DOB Previous addresses Previous names Previous email addresses Vehicle registration number/s Agreement number/s Financial agreement or other Toyota Financial Services documentation quoting the agreement number/s together with your information

Kind Regards, Customer Relations Team Toyota Financial Services Email: Commissioncomplaints@toyota-fs.com

dunstonh

Is this just an attempt to put people off?  Are they hoping some people will have lost their documents?

The Data Protection Act requires firms to destroy records that are no longer required.
You, as an individual, are free to retain documents as long as you like.

Has anyone else had the same experience? 

yes.  Pretty much everyone who has had their documentation destroyed as per the Data Protection Act requirements.

 Does anyone have recommendations about how to proceed?

no hurry as the FCA is still consulting on the redress scheme and what will be required by firms and consumers.   So, until we know that, you can wait.

Because we do not have any record of any agreement, you cannot refer your complaint to the Financial Ombudsman Service.

Technically that is not correct.  They cannot bar you from the FOS like that.  However, it doesn't matter as the FOS is not curently taking on complaints about motor finance commission as the FCA scheme is meant to prevent that.

singhini

WBJB said:

Almost exactly a year ago, I wrote to Toyota Finance, using the tools on the "Money Saving Expert" website.  I used the format recommended, asking if my agreement had any form of commission and if so to treat the communication as a formal complaint etc.   

I apparently need to submit a further claim.  I guess I will now do that, and fortunately I have copies of the loan documents which should act as proof.

That's what i would do and send them a scanned copy of your document. 

Also, at the beginning of your post you said "Almost exactly a year ago, I wrote to Toyota Finance, using the tools on the "Money Saving Expert" website"

that template (if i recall correctly) specifically asked about DCA's  (however having watched yesterdays Martin Lewis programme on ITV i got the impression it might be better to ask about all three mis selling  issues)

below is the wording on the updated version of the template:

I would like to ask if any/all of my finance agreements with you, reference XXXXXXXX, had any form of commission arrangement between you and the broker / car dealer or any other entity involved in the transaction that included any of the following:

  - A discretionary commission arrangement

  - A high commission (where the commission is equal to or greater than 35% of the total cost of credit and 10% of the loan)

  - A contractual tie between you and the broker that provided you with exclusivity or a right of first refusal.

If you used any of the arrangements listed above in connection with my agreements, I request you inform me within 8 weeks as set out by FCA guidelines, and consider this letter a formal complaint.


NB ------> this is not all of the wording so you might want to take a look at the updated template yourself

dunstonh

that template (if i recall correctly) specifically asked about DCA's  (however having watched yesterdays Martin Lewis programme on ITV i got the impression it might be better to ask about all three mis selling  issues)

Not required. It is all extra unnecessary work.

If you used any of the arrangements listed above in connection with my agreements, I request you inform me within 8 weeks as set out by FCA guidelines, and consider this letter a formal complaint.

There is no 8 weeks set out by FCA guidelines.  That is suspended.   

singhini

dunstonh said:

that template (if i recall correctly) specifically asked about DCA's  (however having watched yesterdays Martin Lewis programme on ITV i got the impression it might be better to ask about all three mis selling  issues)

Not required. It is all extra unnecessary work.

If you used any of the arrangements listed above in connection with my agreements, I request you inform me within 8 weeks as set out by FCA guidelines, and consider this letter a formal complaint.

There is no 8 weeks set out by FCA guidelines.  That is suspended.   

I personally submitted the updated version of the template yesterday to BMW (just following Martin's advice. Also it took no time at all) and the 8 week thing i know nothing about (it was is Martin's template). I'm not fussed its suspended, that's not my problem (BMW can explain that to me, I've got no cause to remove it from my email)
But thanks for letting me know. 

WBJB

Many thanks for all the very helpful comments!  I shall resubmit using the updated template.  

singhini

if you didn't watch the Martin Lewis Money Show Live on Tuesday 4th Nov 8pm its worth watching it via the ITV player (he specifically discussed car finance) 

dunstonh

singhini said:

dunstonh said:

that template (if i recall correctly) specifically asked about DCA's  (however having watched yesterdays Martin Lewis programme on ITV i got the impression it might be better to ask about all three mis selling  issues)

Not required. It is all extra unnecessary work.

If you used any of the arrangements listed above in connection with my agreements, I request you inform me within 8 weeks as set out by FCA guidelines, and consider this letter a formal complaint.

There is no 8 weeks set out by FCA guidelines.  That is suspended.   

I personally submitted the updated version of the template yesterday to BMW (just following Martin's advice. Also it took no time at all) and the 8 week thing i know nothing about (it was is Martin's template). I'm not fussed its suspended, that's not my problem (BMW can explain that to me, I've got no cause to remove it from my email)
But thanks for letting me know. 

The MSE template is flawed and unnecessary.
The 8 week period has been suspended for over a year.
The suspension is not your problem but its not their problem either. So don't expect them to respond in that time.

singhini

dunstonh said:

singhini said:

dunstonh said:

that template (if i recall correctly) specifically asked about DCA's  (however having watched yesterdays Martin Lewis programme on ITV i got the impression it might be better to ask about all three mis selling  issues)

Not required. It is all extra unnecessary work.

If you used any of the arrangements listed above in connection with my agreements, I request you inform me within 8 weeks as set out by FCA guidelines, and consider this letter a formal complaint.

There is no 8 weeks set out by FCA guidelines.  That is suspended.   

I personally submitted the updated version of the template yesterday to BMW (just following Martin's advice. Also it took no time at all) and the 8 week thing i know nothing about (it was is Martin's template). I'm not fussed its suspended, that's not my problem (BMW can explain that to me, I've got no cause to remove it from my email)
But thanks for letting me know. 

The MSE template is flawed and unnecessary.
The 8 week period has been suspended for over a year.
The suspension is not your problem but its not their problem either. So don't expect them to respond in that time.

I'm not going to.

But thanks for letting me know. 

IMC2

I'm in the same situation. I've sent them copies of my paperwork today.

I'll be intrested to see how they respond.

MattMattMattUK

IMC2 said:

I'm in the same situation. I've sent them copies of my paperwork today.

I'll be intrested to see how they respond.

They will not reapond until the FCA finishes consulting and sets up the scheme, or possibly delays things further because of more legal action.