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Good Morning to you all, (Apologises in advance for the long thread! but its interesting..)
I hope someone or anyone will be able to help me!
I am being taken to court for PPI fees by a Company called Consumer Finance Claims (CFC) . I was awarded aprox £2220 from PPI for a car finance agreement. However, I dispute that the PPI company should be awarded their fees in full as they did not assist me fully with my claim...
I referred my PPI claim to CFC in January 2010. They were extremely helpful as you would expect. My car finance payments were £331 and the agreement was due to run until December 2012. The PPI was aprox £60pcm. I was having difficulty paying the monthly payments due to a change in my circumstances. I spoke to the car finance company regarding reducing my payments until the PPI was resolved but they refused.
Months had passed on my PPI claim and a few letters had been sent back and fourth, I was forever emailing CFC for an update which was normally a response to apologise for the delay and they would be in contact with any developments. In October 2010, I noted I was also paying shortfall insurance and breakdown warranty to the car finance company and I contacted CFC regarding this and I filled out further paperwork relating to these insurances and provided information and an agreement was signed.
By June 2011, I was becoming very annoyed. Communication from CFC was poor. I called CFC only to have a man answer the phone and act as if I was disturbing him and had a poor attitude and basically telling me 'If we have anything to tell you - we will contact you'. This was the last time I called CFC. I sent emails to CFC and the response I received was literally 'Your claim is in progress, you will receive an update in due course' and it was signed Consumer Finance Claims - so without a person's name for me to chase up on.
I decided to bypass CFC and contact Car finance company directly myself for an update. My claim had been referred to the Financial Ombudsman and basically I was one the phone to both parties providing information. I was informed in August 2011 following a phone call to Financial Ombudsman that my claim was successful and they sent a letter directly to myself to confirm this. A week later, I receive a letter from CFC to confirm my claim was successful. I was sent letters from Car Finance company to confirm the breakdown of the money awarded etc. None of these letters were ever sent to me from CFC, despite them receiving these copies too. They also, did not inform me that I could dispute the amount if I was unhappy with this but the Financial Ombudsman did.
I was also informed by the Financial Ombudsman that my claim for shortfall and breakdown had been returned back to CFC, informing them they would need to make an application to the FSCS. This was never done. I requested a copy of this letter. This letter was sent to CFC in May 2011.
Once I received the fees, suddenly CFC remembered I existed and were sending me letters with an invoiced amount for £454 aprox. Their fees are 20% - so this figure is incorrect. I wrote a long complaint to them in December 2011 requesting a copy of our agreement and asking why they had failed to respond to my previous emails and had not upheld by pursuing my claim. I believe they were trying to manipulate the claim for their own benefit, as I was still repaying the car, the more money I repaid on the car the more compensation I would be liable to receive (their fees are deducted from compensation received), as any monies not paid on the account which adjusted/refunded directly on to the account. If you know what I mean!?
Anyway, I received a response from CFC about my complaint 5 days letter! which was very short basically stating they upheld their contract and I needed to pay the account within 14 days or they would refer to court.
I have now been referred to court. My court date is next week! I filed a defence and provided my documents etc.
But really I would just like to know - Do you think I have a case against this company?
- They invoiced the incorrect amount in the first place
- They did not pursue my claim fully for the shortfall and breakdown insurance (I am doing this myself now - independently)
- Their lack of communication was poor
- I had to contact the Financial Ombudsman and Car Finance Company myself (I have letters with proof).
They are requesting court fees of £35 plus interest 8%?
I am not unreasonable and I do believe that they should receive part of the compensation but certainly not all of this as they did not do the job fully!
Please help if you can!
I hope someone or anyone will be able to help me!
I am being taken to court for PPI fees by a Company called Consumer Finance Claims (CFC) . I was awarded aprox £2220 from PPI for a car finance agreement. However, I dispute that the PPI company should be awarded their fees in full as they did not assist me fully with my claim...
I referred my PPI claim to CFC in January 2010. They were extremely helpful as you would expect. My car finance payments were £331 and the agreement was due to run until December 2012. The PPI was aprox £60pcm. I was having difficulty paying the monthly payments due to a change in my circumstances. I spoke to the car finance company regarding reducing my payments until the PPI was resolved but they refused.
Months had passed on my PPI claim and a few letters had been sent back and fourth, I was forever emailing CFC for an update which was normally a response to apologise for the delay and they would be in contact with any developments. In October 2010, I noted I was also paying shortfall insurance and breakdown warranty to the car finance company and I contacted CFC regarding this and I filled out further paperwork relating to these insurances and provided information and an agreement was signed.
By June 2011, I was becoming very annoyed. Communication from CFC was poor. I called CFC only to have a man answer the phone and act as if I was disturbing him and had a poor attitude and basically telling me 'If we have anything to tell you - we will contact you'. This was the last time I called CFC. I sent emails to CFC and the response I received was literally 'Your claim is in progress, you will receive an update in due course' and it was signed Consumer Finance Claims - so without a person's name for me to chase up on.
I decided to bypass CFC and contact Car finance company directly myself for an update. My claim had been referred to the Financial Ombudsman and basically I was one the phone to both parties providing information. I was informed in August 2011 following a phone call to Financial Ombudsman that my claim was successful and they sent a letter directly to myself to confirm this. A week later, I receive a letter from CFC to confirm my claim was successful. I was sent letters from Car Finance company to confirm the breakdown of the money awarded etc. None of these letters were ever sent to me from CFC, despite them receiving these copies too. They also, did not inform me that I could dispute the amount if I was unhappy with this but the Financial Ombudsman did.
I was also informed by the Financial Ombudsman that my claim for shortfall and breakdown had been returned back to CFC, informing them they would need to make an application to the FSCS. This was never done. I requested a copy of this letter. This letter was sent to CFC in May 2011.
Once I received the fees, suddenly CFC remembered I existed and were sending me letters with an invoiced amount for £454 aprox. Their fees are 20% - so this figure is incorrect. I wrote a long complaint to them in December 2011 requesting a copy of our agreement and asking why they had failed to respond to my previous emails and had not upheld by pursuing my claim. I believe they were trying to manipulate the claim for their own benefit, as I was still repaying the car, the more money I repaid on the car the more compensation I would be liable to receive (their fees are deducted from compensation received), as any monies not paid on the account which adjusted/refunded directly on to the account. If you know what I mean!?
Anyway, I received a response from CFC about my complaint 5 days letter! which was very short basically stating they upheld their contract and I needed to pay the account within 14 days or they would refer to court.
I have now been referred to court. My court date is next week! I filed a defence and provided my documents etc.
But really I would just like to know - Do you think I have a case against this company?
- They invoiced the incorrect amount in the first place
- They did not pursue my claim fully for the shortfall and breakdown insurance (I am doing this myself now - independently)
- Their lack of communication was poor
- I had to contact the Financial Ombudsman and Car Finance Company myself (I have letters with proof).
They are requesting court fees of £35 plus interest 8%?
I am not unreasonable and I do believe that they should receive part of the compensation but certainly not all of this as they did not do the job fully!
Please help if you can!
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