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  • #31
    Originally posted by kezyvette View Post
    Okay, I hope it is okay to check once more, R0b - I've put it all together and neatened it up a bit. Hope this is okay and I'll get it sent off today.



    Dear [name],

    I am writing further to your e-mail dated 05/12/2018 and would like to raise a number of complaints, outlined below.
    In that letter, you mentioned that the hire-purchase agreement refers to excess mileage being charged on a pro-rated basis in the event that the agreement ends early. Whilst I do not dispute this, you will know that the agreement is subject to and regulated by, the Consumer Credit Act 1974 (“CCA 1974”). Therefore, the hierarchy of laws dictate that Acts of Parliament (in this case the CCA 1974) takes precedence over any common law contract. This is further clarified in Section 173 of the CCA 1974 confirming that contracting out of the Act is strictly forbidden and any attempts to do so will render the relevant contractual provision void and unenforceable.
    In a recent County Court case between Mercedes-Benz Financial Services (UK) Limited v Cahalane (Willesden County Court, 26 February 2018) District Judge Ellington (as she was then) held that excess mileage charges were not recoverable. Her reasons included, that the definition of total price excluded the recoverability of these charges, the statement “Termination: Your Rights” was explicitly clear that liability was limited and, in any event, she was bound by the Court of Appeal decision in Julian Hodge Bank v Hall [1997] EWCA Civ 1852, which established that “total price” excludes compensation and damages for breach of the agreement for the purposes of calculating the total price payable.




    Furthermore, your interpretation that misrepresentation " allows the business to recover costs associated with unexpected depreciation in the event that the customer has exceeded the mileage allowance at any point in the contract and terminates early" is not correct. A claim for misrepresentation requires there to be a pre-contractual statement of fact by the statement maker which is relied upon and to induce the recipient of the statement to enter into the contract and, but for that statement, the recipient would not have entered into the contract at all. I do not accept that the mileage I said I would cover over the term of the agreement was a misrepresentation and my reasons are threefold:

    1. At the time of speaking to your sales agent, I was asked to estimate the number of miles that I would expect to be driving. I therefore gave an honest opinion of the number miles I might cover on an annual basis; the mileage stated was both a statement of opinion and an estimate of a future intention. It is well established in law that neither statements of opinion nor estimated future intentions are considered to be a statement of fact.

    2. The stated mileage was not in fact a representation rather it was a statement which was intended by both sides to be incorporated into the contract as a contractual term. Indeed, this is further verified by the fact that annual mileage has been clearly stated on the first page of the contract. The Courts have, on several occasions, confirmed that a statement which is incorporated into the contract, is unlikely to be considered a representation.

    3. Notwithstanding the above, the stated mileage was not something which would have induced FCA to enter into the contract nor was it material. On the contrary, the decision to enter into the contract was largely the result of a credit check carried out by FCA to determine whether or not I would be capable of meeting the monthly repayments.

    In the circumstances, I do not believe that your claim for excess mileage charges under the common law of misrepresentation has any force and my position remains the same, namely that the charges are not recoverable by FCA. If, however, should you choose to pursue this matter, then that is entirely your own prerogative but I am fully prepared to defend any claim brought against me.

    With regards to liability in relation to the alleged outstanding balance for excessive damage to the vehicle, this is denied.

    The vehicle was maintained in a reasonable condition throughout the period of the agreement and therefore such damage charges you are claiming would amount to fair wear and tear; the vehicle does not need to be returned to you in any better condition other than a reasonable one. Photographic evidence was taken prior to the vehicle being transferred to you which clearly shows that the vehicle was in a reasonable condition. The onus is on you to prove that the alleged damage caused was more than reasonable fair wear and tear.

    In any event, such sums you are alleging to be owed may only be recovered by a court order only and should you wish to pursue this matter in court, your application will be strongly defended.




    Turning to the issue of the outstanding balance in respect of the GAP insurance (the “GAP agreement”), the sales agent at the time explained to me that the insurance policy would cover me for the course of the hire-purchase period, hence the relatively large sum I agreed to pay for the policy. However, I have since contacted the insurance provider and to my surprise, I was informed that the GAP insurance policy had expired in 2016, only one year after I entered into the hire-purchase agreement. As well as failing to provide any terms and conditions headed ‘Separate Agreements’ (or even my own copy of the agreement), the sales agent never explained to me that the GAP insurance would only cover me for the first 12 months of the hire-purchase agreement.

    The term of the insurance policy was a fundamental piece of information that ought to have been disclosed to me at the time and the absence of that influenced my decision in taking out the policy. Had I known that I would not have been covered for the full period, I would have never agreed to take out the policy in the first place and instead would have sourced my own GAP insurance covering me for the whole period of the hire-purchase. In my opinion, this is not only a clear misrepresentation, but the omission of the policy term when explaining the key details of the policy is also a breach of the Consumer Protection from Unfair Trading Regulations 2008 for which you are deemed to be responsible.

    Even if, as you suggest, the GAP agreement is deemed a separate agreement, I was never provided with any pre-contractual documentation or terms and conditions relating to the GAP insurance prior to or at the time of signing the hire-purchase agreement. Under section 55 of the CCA 1974, you are required to provide me with pre-contractual documentation (as further described in Consumer Credit (Disclosure of Information) Regulations 2010). Failing to comply with this requirement means that the agreement is improperly executed and may only be enforced by an order of the court (see section 65 of the CCA 1974).

    Notwithstanding all of the above, on the assumption that the hire-purchase and GAP agreement are two separate agreements, I should point out that I have only exercised my right to terminate the hire-purchase agreement under Section 99 of the CCA 1974. At no point did I indicate or allude to the fact that the GAP agreement would also be terminated at the same time. On the contrary, you have decided to unilaterally accelerate the repayment of the GAP insurance money and demand that I immediately repay the unpaid balance. Your conduct and actions imply that you are:

    (a) depriving me the right (as agreed under the arrangement) to continue to repay the outstanding GAP insurance by instalments; and/or

    (b) treating the GAP agreement as having been terminated.in breach of the terms and conditions so much so that your actions amount to a wrongful termination of the agreement.

    Furthermore, I have reviewed the terms and conditions (which are the 2018 terms and conditions and not the terms that I originally signed up to) and there is nothing to suggest that you have the right to terminate the GAP agreement for convenience. For these reasons, you are in repudiatory breach and I am electing to accept your repudiatory breach and terminate the GAP agreement. The effect of this means that all obligations under the agreement are discharged, namely the outstanding sums due that you claim to be owed.



    I trust that this response clarifies where I stand and I do not expect there to be any need for further correspondence except where legal proceedings have commenced.


    Yours faithfully,






    Many thanks in advance (again!!)
    Hi, do you have an online link to the court judgement; Mercedes-Benz Financial Services (UK) Limited v Cahalane(Willesden County Court, 26 February 2018) District Judge Ellington, and Court of Appeal decision in Julian Hodge Bank v Hall[1997] EWCA Civ 1852,

    thanks
    Endeavorer

    Comment


    • #32
      kezyvette sorry to bump your thread but it's exactly the same position as I'm in! Can I ask you what the outcome was? Also - did your payments stop once you agreed VT even though disputing the additional charges?

      Many thanks

      Comment


      • #33
        Sorry emmapar8899 I have only just seen this.
        I still haven't finished the dispute with FCA and was going to ask for some more advice. I'll find the most recent communication with R0B and do so there.

        Comment


        • #34
          Originally posted by R0b View Post
          Hello

          Thanks for the update. I guess this is one of those situations where you may need to decide whether you continue to make your complaint to the Financial Ombudsman or simply wait it out and see. Strictly speaking, FCA have not reported back with their final decision as to your complaint and in doing so, you could say that they are in breach of their obligations under the Conduct Rules.

          If they aren't keen on getting back to you, it may be well that they are deciding to drop the case, but only FCA would know this. I suppose one way of finding out is to submit a subject access request to FCA and get copies of all of your account including any notes recorded. That should give you an idea of what stage they are at.

          Its up to you what you want to do, but as it stands and if it were me, I might be inclined to sit it out and see what happens, you might not want to poke the bear.
          Hi R0b

          Please can I ask your advice. FCA did not ever get back to me regarding the complaint and I felt, as you suggested, that while I was hearing nothing I should wait.

          On the 15/4/2019 I receieved another letter from FCA, same as before requesting payment. I forwarded my e-mail from 2/1/2019 again and explained that I had filed a formal compaint with themselves 14 weeks and 5 days previously and had not had a response within the 8 weeks. At this time I also submitted a subject access request. I heard nothing back to this e-mail.
          On 3/5/2019 I had a phone call regarding debt - it was very informal, asking if I had any accounts that were in debt such as store cards, credit cards, online shopping accounts etc. When I gave them no information and asked outright who had instructed that they call they admitted to it being FCA. I terminated the call as I had no way of recording what was being said.
          I then resent the e-mail and advised that I do not appreciate phone calls from debt agencies when they have an outstanding formal complaint to address. On this date I submitted a complaint to the financial services ombudsman which they have addressed and said that they are looking into.
          On Friday I received another letter requesting immediate payment.
          Today I have recieved an e-mail from FCA with a letter addressing the complaint as follows:

          The e-mail said:
          "Please find attached the final response to your complaint with FCA Automotive Services.

          I am aware that we have a subject access request awaiting completion for you. Please confirm if you would still like this fulfilled in light of the resolution offered."

          The letter said: "I write further to your complaint raised with us. I’m sorry to learn of your dissatisfaction and I would like to thank you for bringing the matter to my attention. Your complaint You are unhappy with the charges applied to your account for damages and excess mileage following your decision to voluntarily terminate the vehicle and end your contract early. Investigation You terminated your contract in October 2018 and emailed us in November advising that you were unhappy with the charges being levied against you for damages and excess mileage. A response was sent to you on the 5 th December confirming our stance regarding the outstanding balance and you responded to this on the 2 nd January. Please accept my apologies that your complaint was not logged and responded to earlier. Unfortunately the letter was not forwarded to the correct team to review at the time.

          In response to your comments in the letter, if you wish to challenge the level of cover provided by the GAP insurance you will need to do so with the insurance provider. Ultimately, you agreed to the cover and signed the finance agreement accepting that it has been added to the finance contract. If you subsequently choose to cancel or challenge it, you would need to pay any refund received from the GAP insurance provider onto the contract to settle the amount due. If you VT and settle this amount with us, you can keep any refund that you may receive if your complaint with the dealer/insurance provider is upheld and they opt to refund its cost. As we are not the provider of the product, nor is the dealer acting as our agent for its sale, we cannot investigate this area of your complaint any further. As Alvin has advised, this is a service that we cannot recover and therefore you are required to pay the balance outstanding. With regards to the charges for damages, the law governing voluntary termination allows us to charge these, and as such they would remain due.

          Regarding the excess mileage, it could be argued that the mileage didn’t impact the value of the vehicle at auction however I can see that Alvin has already removed £180.39 from the balance and this, whilst not referred to specifically, would have included the excess mileage charge as this is always the first charge to be reduced/removed. RCL9 Outcome Whilst Alvin has explained why we are entitled to charge the balance owed for damages and detailed the escalation process should you remain dissatisfied, in light of the subsequent sale of the car and delay in responding to your complaint, I will waive the remaining damage charge of £370.70. Please be aware that the amount owed for the GAP insurance is a contractual amount that will not be waived.

          Whilst it remains outstanding, we will be reporting it as a default amount to the credit reference agencies. Please make arrangements to settle this amount as soon as possible. Your complaint against FCA Automotive Services UK Ltd will now be closed. Under the Dispute Resolution guidelines set out by the Financial Conduct Authority we have to treat this as a formal complaint and as such this is our final response in this matter.

          You may wish to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. For more information and for contact details for the Ombudsman service you can visit their website at http://www.financial-ombudsman.org.uk or you may wish to read the enclosed guide “Your Complaint and the Ombudsman”. Yours sincerely,"

          I just don't know what to do now.

          Thank you for all your help so far.
          Last edited by R0b; 13th May 2019, 12:16:PM.

          Comment


          • #35
            Well I think your options are laid out for you.

            The FOS is looking at excess mileage charges and reviewing their decisions but I am not aware of a decision from them yet, so it is worth arguing that point and raising it with them.

            Guidelines for reporting arrears and defaults (drafted in consultation with the ICO) say that you can't report defaults on a credit file if they are made up solely of fees or charges. If FCA apply a default as they say they will, they will be in breach of the Data Protection Act / GDPR.

            So, pay up and have it over and done with, you can complain to the FOS and see what result they give you or if FCA do apply a default notice then you can take the matter to court, or raise it with the FOS first and then go to court if the decision is not in your favour.

            There is already a county case decision in favour of the consumer when Mercedes tried to sue for excess mileage. Short answer is that they failed on all accounts.
            Check out some useful guides below

            A guide to voluntary termination
            Seting aside a CCJ
            Completing an N180 Form (Courtesy of Jaguarsuk)

            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

            Comment


            • #36
              Originally posted by R0b View Post
              Well I think your options are laid out for you.

              The FOS is looking at excess mileage charges and reviewing their decisions but I am not aware of a decision from them yet, so it is worth arguing that point and raising it with them.

              Guidelines for reporting arrears and defaults (drafted in consultation with the ICO) say that you can't report defaults on a credit file if they are made up solely of fees or charges. If FCA apply a default as they say they will, they will be in breach of the Data Protection Act / GDPR.

              So, pay up and have it over and done with, you can complain to the FOS and see what result they give you or if FCA do apply a default notice then you can take the matter to court, or raise it with the FOS first and then go to court if the decision is not in your favour.

              There is already a county case decision in favour of the consumer when Mercedes tried to sue for excess mileage. Short answer is that they failed on all accounts.
              The FOS is looking at the whole case so I will be submitting all of the e-mails and complaints to them (the way this has all been dealt with, the mileage/damage charges and the GAP issue).

              FCA have removed the mileage/damage charges so I am just left with the amount as a result of the GAP insurance. They are claiming that I should take this complaint up with the insurance company however if I was mis-sold the insurance by the sales advisor in the show room surely the complaint still lies with FCA as the sales advisor acted on their behalf?

              If I don't pay as the matter is now being dealt with by the FOS and FCA apply a charge due to the GAP would this count as one made up solely of 'fees and charges'?


              Also, should I reply to the e-mail today saying that I have forwarded this to the FOS and they are looking into it and that I would still like to go ahead with the subject access request?

              King regards and lots of thanks!!!!!!

              Comment


              • #37
                FCA have removed the mileage/damage charges so I am just left with the amount as a result of the GAP insurance. They are claiming that I should take this complaint up with the insurance company however if I was mis-sold the insurance by the sales advisor in the show room surely the complaint still lies with FCA as the sales advisor acted on their behalf?
                If the sales advisor mis-sold you then FCA are liable, because the advisor was acting on their behalf to sell the product (which was subsequently paid by FCA I presume?). However, if you have no proof then it's going to be difficult but it wouldn't make sense for you to agree only 1 year GAP when your HP contract is for longer than that. The whole purpose is to ensure the insurance covers you for the period of time whilst the car is in your possession and I've not known insurance to be part-covered.

                I can't remember but did you make the point that you only cancelled the HP element and not the GAP so they have unlawfully terminated that contract and therefore in breach of contract? It seems like they have not answered that at all.

                GAP fees are solely made up of charges, separate to the HP but since they terminated the agreement they can't have their cake and eat it.
                Check out some useful guides below

                A guide to voluntary termination
                Seting aside a CCJ
                Completing an N180 Form (Courtesy of Jaguarsuk)

                - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                LEGAL DISCLAIMER
                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

                Comment


                • #38
                  Originally posted by R0b View Post

                  If the sales advisor mis-sold you then FCA are liable, because the advisor was acting on their behalf to sell the product (which was subsequently paid by FCA I presume?). However, if you have no proof then it's going to be difficult but it wouldn't make sense for you to agree only 1 year GAP when your HP contract is for longer than that. The whole purpose is to ensure the insurance covers you for the period of time whilst the car is in your possession and I've not known insurance to be part-covered.

                  I can't remember but did you make the point that you only cancelled the HP element and not the GAP so they have unlawfully terminated that contract and therefore in breach of contract? It seems like they have not answered that at all.

                  GAP fees are solely made up of charges, separate to the HP but since they terminated the agreement they can't have their cake and eat it.
                  In my letter to FCA I explained that the sales adviser mis-sold the insurance. I believe in a previous e-mail FCA also said that they paid the insurance cost. I don't have proof as I also explained to them, I was never given terms and conditions that I should have been.

                  I did make the point of only cancelling the HP element and that they have unilaterally chosen to terminate (unlawfully) the other contract. They have ignored this, you are correct.

                  What would be your suggested response to their e-mail and letter today?

                  Kind regards and many thanks again!!!

                  Comment


                  • #39
                    R0b I am going to reply to the FCA e-mail today and explain to them that I accept the removal of the fees for mileage and 'damage' but do not accept the continued request for the money for the GAP element for the reasons outlined above. I am also going to explain to them that I will be passing this new information to the FOS who are in the process of dealing with the matter.
                    I will also reiterate that I do want to continue with the subject access request.

                    The draft that I have written is as follows (I hope it looks okay?)

                    Dear ,

                    Thank you for responding to my complaint dated 2/1/2019 at last.

                    Please take this as confirmation that I accept the removal of the fees for 'mileage' and 'damage'. I do not accept that you are still reqesting payment for the 'GAP element' of the sum. My reasons for this were quite clearly outlined in my complaint letter and were not acknowledged in your response to myself. For your reference, I outline these again below:

                    1) The sales advisor who sold me the GAP insurance did so on behalf of you, FCA, and it was only as a result of his misrepresentation that I took out the policy. He explained the GAP as covering the difference between what is left to pay on the finance agreement and the value of the car in the event of a 'total loss' or 'write off' at any point during the policy, not what was actually the case, that it was only a 1 year policy. I never would have agreed to the policy at such a great price for only a year's worth of cover.

                    2) I requested to terminate the HP element of the agreement. You, FCA, have chosen to unilaterally terminate the GAP contract unlawfully so you are in breach of of contract.


                    As I said I was going to, I have already reported this matter to the FOS and I will also be providing them with full information of these new developments.

                    I would also like to take this time to remind you that guidelines for reporting arrears and defaults (drafted in consultation with the ICO) state that you cannot report defaults on a credit file if they are made up solely of fees and charges as is the case with this matter. If you do apply a default as you say you will then you will be in breach of the Data Protection Act and GDPR.

                    Finally, I do wish to continue with the subject access request and would like everything that you hold for me under my maiden name ( ) and my married name ( ) both digitally and on paper sent to my home address.

                    Regards



                    Thanks!
                    Last edited by kezyvette; 15th May 2019, 07:52:AM.

                    Comment


                    • #40
                      Hello sorry I have been busy today, have you sent your email yet?
                      Check out some useful guides below

                      A guide to voluntary termination
                      Seting aside a CCJ
                      Completing an N180 Form (Courtesy of Jaguarsuk)

                      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                      LEGAL DISCLAIMER
                      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

                      Comment


                      • #41
                        R0b Hi, yes I did although I slightly tweaked it to make it flow a bit better (hope that was okay) and here’s the reply:

                        ‘’Thank you for your email.

                        I believe I addressed point 1 in the final response letter. As the GAP insurance is not a product provided by FCA Automotive Services the dealer is not acting as an agent for us during the selling of the product. Therefore if you remain dissatisfied with the sale of the product or the cover provided by the product you will need to raise this with the selling dealer or insurance provider.

                        In response to point 2, you are correct that we are asking you to settle a separate agreement at the same time as the HP agreement. However you incorrect suggesting that this is unlawful of us. The law governing voluntary termination does not cover separate agreements and therefore the decision to allow a customer to continue paying for this product is a business decision. As a business we have opted to request that the customer settle the amount due at the time of voluntary terminating. This is detailed in the letter that was issued to you on the 19th September 2018.

                        With regards to the credit profile update, we do not report the damages to the credit reference agencies (CRA's) however the £219.44 that is outstanding for the GAP insurance is a contractual amount that is now overdue. This amount is normally reported. At the time of terminating the contract, the CRA update's are overridden to allow our customers 14 days to pay the balance. After this time the balance is reportable. In your case, we ahve not removed the over-ride in light of your dispute so the balance has not yet been reported.

                        As a final offer we can set up an arrangement to repay the contractual amount outstanding over an agreed period and we will continue to over ride the credit profile update for the duration of the agreement. If the agreement is broken the balance outstanding will be updated to the CRA's as would normally be the case. If an agreement is not made or the balance cleared within the next 14 days, we will report the outstanding amount to the CRA's.
                        Please let me know how you wish to proceed.


                        With regards to the Subject Access Request, this will be issued to you in the post tomorrow.’’

                        Comment


                        • #42
                          R0b I have decided to forward copies of all email correspondence between FCA and myself (including last week's emails) to the FOS. I did this on Wednesday in light of the above email from FCA which I did not reply to. I could be wrong but I feel like I have done everything that is reasonable to resolve this with FCA and it's now a matter for the FOS to deal with?
                          Also, interestingly FCA said that my subject access request would be in the post on Thursday morning however I still haven't recieved this. How long is reasonable to wait for this?
                          Kind regards

                          Comment


                          • #43
                            kezyvette I am finding myself in exactly the same situation as you and am I little lost with it all so finding your thread has been most helpful. FCA are now trying to claim for over £1300 of damages to my fiat 500, which the auction staff called 'immaculate'. I will be fighting my case but it seems never ending at the moment. I am also having the same issues as you in regards to GAP insurance etc.

                            Comment


                            • #44
                              emmapar8899 glad it's been helpful!!

                              R0b - the position that I am currently in is that I have ceased contact with FCA and have forwarded all correspondance between myself and them to the ombudsman.

                              Worryingly about 10 days ago I received an e-mail from the ombudsman stating that a complaint had been made against me and a copy of the form that I initially completed to lodge the complaint to the ombudsman was attached. The e-mail asked me if I had received a complaint from the 'consumer' and if so to provide deails. My understanding is that I am the consumer so I believe that the e-mail was intended for FCA. I queried this with the ombudsman and heard nothing back from the ombudsman.

                              In the last e-mail correspondance with FAC (which I sent above - post #41) FCA addressed the issues of the GAP being sold by the FCA sales adviser, the fact of the unilateral termination of the GAP agreement and the involvement of CRA's. I don't feel that they have satisfied these, more fobbing off. I also (personally) feel like offering me a repayment option is just another way of trying to convince me to pay something I shouldn't have to?
                              Anyway, they gave me 14 days to repay which I ignored and on the 13th day they sent me a letter saying that they 'MAY' send my details to the CRA's and enforce charges. I can't remember the exact wording of this letter - I can attach a copy or quote it if needed but both my husband and I noted how every time they seemed to make a 'threat' it was worded as they 'may' or 'might'.

                              Any help or advice would be greatly appreciated!! Starting to worry at this new thought of CRA's (naturally, I'm sure it's why they do so!!)

                              Comment


                              • #45
                                Hi R0b I completely understand that you're probably very busy. I was just wondering if you had managed to have a look at the couple of posts I've submitted and suggest any more advice?

                                Kind regards

                                Comment

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