RCI Finance for excess mileage

[Kpros]

Hi R0b I received this letter in the post today. Fairly bog-standard I'm sure but wanted to upload it anyway.

[Kpros]

Hi R0b, I received the following two letters. The first one (from QDR) arrived on Monday. The one from RCI arrived today (I have just come home to it).

The letter from QDR did not really warrant a response however I am not really sure what to make of/what steps to take regarding.the one from RCI, Any assistance you can offer would be greatly appreciated. Thanks

[R0b]

Take your complaint to the Financial Ombudsman.

Looks like a template response to me with a few details added in there. They have quite clearly skirted around the definition amof total price and continue to maintain that the contract prevails over the Consumer Credit Act. I think thet probably know this but no doubt that is their policy and stance on the matter.

Theres some example wording I've given to a few people on this foroum I'll have a dig around and see if I can find it.

Your current situation is no different to anyone elses oelsese, all finance companies take the same stance generally. You are never going to get through to them because they aren't legally qualified and even if they were, their job is to protect their employer which is the company.

If you want to take real action, court is the only way to go but you can only do this if RCI have done something that affects you such as recording adverse entries in your credit file.

As I said above, FOS is the way forward. The signed acknowledgemnt does not help you one bit and that could be a make or break as to whether the FOS finds in your favour or not. Legally speaking, it's not worth the paper it's written on.

[Kpros]

Hi R0b thank you for your reply. At the time of signing the termination agreement I did not realise the implications.

Financial Ombudsman it is then! Any example letters/wording that you can provide would really be appreciated as I honestly do not know where to start.

[R0b]

Attached complaint form - you will see some example wording to get your started, if you need to then I would suggest you start on a continuation sheet and refer to the attached sheet in the box if it is longer.

Also, can't remember but I'll PM you the relevant County Court case that confirms excess mileage is not enforceable legally. There is no point corresponding further with RCI or trying to bring them to your way of thinking, it just isn't going to work. You should just deal with the FOS moving forward until their decision is made.

[Kpros]

hI R0b thank you so much for this, I am in the midst of filling this out and I will not correspond with RCI any further.

My concern is that I am quite unsure about how to articulate my complaint to the Financial Ombudsman, and what to write. I have looked at the form and I have noted the information on it but as this relates to a separate issue I am worried that I will not write the correct information. Any pointers or examples that are a bit closer to my circumstances would be appreciated.

Do you recommend that I mention on the form that RCI have insructed QDR or shall I leave them out of this for not altogether?

Thanks

[R0b]

The majority of that example can remain as it is applicable and you only need to change the part referring to the collection fee and replace it with excess mileage charges.

it does t have to be articulated in a fancy way, just keep it simple.

[Kpros]

Ho R0b, ok then, thank you. I have pretty much done that so I will get it emailed across to them today. I am expecting another letter from QDR too and I will upload if I receive this.

Should I mention QDR Solicitors anywhere, or not? Thanks

[R0b]

You could write to QDR and say something like a formal complaint has been made to the Financial Ombudsman and in accordance with FCA rules, all further correspondence regardi g the alleged debt should cease until the conclusion of that complaint. If they fail to do so, you will consider their continued pursuit as harassment and you will also look to reporting them to the SRA.

You could also put a one liner at the end saying a copy of this letter has also been sent to RCI and send the same letter to them.

[Kpros]

hI R0b , I have sent the form to the financial ombudsman via email and I will also email a letter to QDR, and send a copy to RCI also. Thanks for your help and I will let you know if/when I receive any further communication.

[Kpros]

R0b A copy of the letter sent to QDR and RCI.

[Kpros]

Hi R0b attached email from the Financial Ombudsman this morning. I am about to respond with a copy of the letter from RCI. Do I need to include any additional info to support my claim, or just send the letter as-is? Thanks

[R0b]

Sending the letter should be fine assuming they have a copy of your complaint to them

[Kpros]

Hi R0b I will be sure to attach both. Thank you. I will keep you updated.

[Kpros]

That's a good point actually R0b , how come they have not requested this? I have obviously only send the complaint form, and a copy of the successful trial/case study. I am going to attach it anyway.