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Complaint recognised but outside time period

Hartwell Finance have confirmed that commission was paid to the dealer but the sale was prior to 6/4/2007. Can I still get compensation? If so how do it go about it as Hartwell have said my claim is closed due to it being outside the timescale?

Comments

  • Ayr_Rage
    Ayr_Rage Posts: 3,699 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited Today at 5:00PM

    You have no claim.

  • MyRealNameToo
    MyRealNameToo Posts: 3,530 Forumite
    1,000 Posts Name Dropper

    Yes, you are outside the scope of the review and you are from before the FOS could look at complaints about consumer lending.

    You could head to the courts but you will have to make your own legal case as the stricter legislation on finance came in at that date too plus you will have a major issue arguing it isnt statute barred. You dont even have any evidence that DCA was involved so could spend a lot on lawyers and court only for them to turn round and say there was no DCA

  • dunstonh
    dunstonh Posts: 121,011 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker

    Hartwell Finance have confirmed that commission was paid to the dealer but the sale was prior to 6/4/2007.

    The change in the Consumer Credit Act 2006 (effective 2007) is what caught everyone out. The unfair-relationship provisions in section 140A of the CCA 2006 didn't exist in the previous version. The whole saga is based on S140A.

    They are correct to reject it.

    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.
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