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Motor Finance Redress Scheme

Hi - I'm just gathering information together to submit a complaint having bought a number of cars and a motorbike since 2007. I have all the registrations but like many people I no longer have information on the agreements though I do know who they were financed with, mainly VW Financial Services.

I've signed up with Equifax but they only have details of my most recent agreements. I used to use Experion many years ago and they listed them all but on re-joining a couple of years ago they only had the most recent ones as well.

Point I'm getting to is, that without the agreement details (number etc.) won't the lenders just say that they have no record of your agreement(s) as the paperwork only has to be kept for so many years?

So in theory we are being told that we can claim back to 2007 but in practice for many, many people they won't be able to?

Comments

  • dunstonh
    dunstonh Posts: 121,946
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Forumite

    Point I'm getting to is, that without the agreement details (number etc.) won't the lenders just say that they have no record of your agreement(s) as the paperwork only has to be kept for so many years?

    Quite possibly yes.

    So in theory we are being told that we can claim back to 2007 but in practice for many, many people they won't be able to?

    Correct.

    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.
  • Myci85
    Myci85 Posts: 662
    Ninth Anniversary 500 Posts Name Dropper Combo Breaker
    Forumite

    It's worth a try with the information you do have. I had no agreement numbers etc, but knew the registration number, finance company, dates and current address at the time. Emailed using the template and got an email back confirming my agreement was affected.

  • I went onto the EQIFAX (as recommended) as I dont have any paperwork concerning my car loan. The site required me to enter a signature before it would complete my search and now I find that I am signed up to a search company - Brook Gordon Limited. This is not how I understood the process would work. How do I extricate myself from them?

  • dunstonh
    dunstonh Posts: 121,946
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Forumite

    If you believe a claims company has missold its services, then you should complain to them.

    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.
  • plumb1_2
    plumb1_2 Posts: 4,671
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Forumite

    hi, I think you have to on the my Equifax mobile app, and it listed one for me from April 2016. But didn’t see it on the normal web site.

    A thankyou is payment enough .
  • R118
    R118 Posts: 1
    First Post
    Newbie

    Hi, I’m a newbie and hope I’m on the correct thread.

    This is a response I got from Volkswagen Finance.

    Thank you for giving us the opportunity to review your motor finance commission complaint.

    This is in relation to the agreement number above.

    Summary

    We have identified that the commission arrangement on your agreement is not a relevant

    arrangement for this scheme. This means there is no compensation owed to you. An

    explanation of the reason(s) why can be found on the next page.

    You now have three options. Please pick one from the below within one month from

    the date of this letter.

    1. Accept our decision.

    • This would be in full and final settlement of this motor finance commission

    complaint.

    • This means you cannot complain about this aspect of your agreement again,

    including any legal claims.

    2. Object our decision

    • If you disagree with our findings, you can object to our decision.

    • If you object you must send us relevant evidence in support of your objection to

    allow us to review this case further.

    3. Opt-out of the scheme for this agreement

    • We will stop handling your complaint under the FCA scheme.

    Further details on these options can be found in our FAQ Guide.

    If you do not respond within one month, we will, in line with the FCA scheme rules, issue our

    Redress Determination (Final Decision) letter. This will match this Provisional Redress

    Decision.

    How we reached our decision

    We reviewed the agreement in line with the scope of the FCA scheme. As part of this review,

    we checked:

    • The amount borrowed, the interest rate applied, and the date and term of the agreement.

    • The payment history, including any overpayments, early settlement activity, and any

    cancellation or withdrawal of the agreement.

    • The commission and arrangements in place when the agreement was entered into.

    Our Decision

    The evidence we reviewed confirms that commission of £624.6 was paid in relation to your

    agreement. However, we did not identify any relevant arrangement.

    For an agreement to be eligible for compensation under the scheme, it must include at least one

    of the following:

    • A Discretionary Commission Arrangement (DCA).

    • A High Commission Arrangement.

    • A Tied Arrangement, where an agreement between the retailer and lender existed which

    offered exclusivity or priority to offer credit.

    As a result, the agreement does not meet the eligibility criteria for compensation under the

    scheme rules. This means there was no unfair relationship created under the scheme rules and

    no compensation is due.

    We appreciate this may not be the outcome you were hoping for. If you disagree with our

    Provisional Redress Decision, you can submit a formal objection. Details explaining how to do

    this can be found in our FAQ guide.

    Next Steps

    You can choose to accept, object or opt out using any of the following ways:

    Email us at commissionsqueries@vwfs.co.uk. Please include your name, agreement

    You can call us on 0800 912 3569. Monday to Friday, 9am to 6pm (excluding bank

    If you've received this letter via post, we've enclosed a prepaid envelope for you.

    the enclosed form within one month from the date of

    If you've received this letter by email and want to contact us by post, please see our

    Email number and vehicle registration.

    Phone holidays).

    Post Please complete and return this letter.FAQ question ‘If I want to use my own envelope, where should I direct this to’.

    If we do not hear from you within one month from the date of this letter, we will proceed with

    our Redress Determination letter. If there are any exceptional circumstances that would prevent

    you from contacting us in the timeframe, please let us know.

    Any advice would be grateful.

  • I think their email is quite clear and detailed. Unless you can prove otherwise, you aren’t owed any compensation under the scheme. Commission itself isn’t an issue and the particular commission arrangements being investigated by the FCA weren’t present in your agreement.

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