Close Motor Finance Chages

[Sausage1971]

Hi

Took a car loan with Close in 2004. The car handed back and the account settled in 2006.

there were numerous charges between 2004 and 2006. I wrote to Close to reclaim and received the reply attached.

Can I reclaim theses charges and if so what approach is best?

Thanks in advance.

[dx100uk]

wow that's one hell of a list!

 

so you settled 7/12/2006 for £1064.34

or is that them refunding the fees

 

also you are outside the 6yrs limit

 

this might be a court job?

 

dx

[Sausage1971]

The letter suggests that the fees are refunded by them but I'm not sure.

If the fees were built up over the two years then they must have been applied to the account??

Also is the GAP insurance covered under mis-selling?

[dx100uk]

gap is yes

 

if its treated as PPI

then there is no time limit.

 

dx

[Sausage1971]

Thanks.

What about the charges?? Any ideas? Do I need a SAR?

What I'm struggling with is that they were applied over a two year period whilst I was making payments

Those payments would have been paying off charges and the final settlement fee paid would have been adjusted accordingly??

[dx100uk]

do you remember where you settled it from

p'haps a bank account statement will confirm

if you paid the £1026 or they did?

 

dx

[dx100uk]

that agreement is weird

 

the gap replaces one monthly payment

 

stealth GAP insurance too

 

dx

[Sausage1971]

Could you expand on the GAP comment please?

Stealth? Weird?

Thanks

[Sausage1971]

Can't remember who it was settled?

Might not have been a settlement payment, just handed back as we had paid more than a half/third?

[dx100uk]

poss sar them then.

 

as it looks

I think you'd paid more than 50%

so nothing to pay on VT

 

they just removed all their fake PENALTY charges & closed it.

 

the way gap has been applied is not correct.

 

it means you've been given one months payment free

that's been used to pay the gap

 

however, for that payment 'missed' you were still charged int

 

get that sar off

 

something smells

 

dx

[Sausage1971]

OK. Will do. Thanks

[dx100uk]

I think it will be very revealing or confirm what I think

 

dx

[Sausage1971]

What do you suspect DX?

[dx100uk]

prob as post 10

 

dx

[Sausage1971]

So, the GAP is reclaimable but the charges are not as they were removed from the account?? Sorry to ask again but I'm still trying to get my head around if I've paid them or not.

[dx100uk]

so am I await the sar.

 

dx

[Sausage1971]

Ok, thanks

[Sausage1971]

Just received a reply from Close (attached) after requesting a SAR and making a formal complaint

Advice welcome

Thanks

[dx100uk]

ok well that's good it confirms what we suspected.

 

as for the gap, its debateable under section 56

that they could be held responsible

 

dx

[Sausage1971]

Hi DX

Still a bit confused.

What do we suspect and what are we looking for in the SAR?

Thanks

[dx100uk]

proof the you paid off the bal

 

it looks like as suspected they did

and it was the penalty charges back

so you didn't pay any settlement.

 

you'd have to get bank statements from where you might have settled it from

 

I don't think you did

 

dx

[Sausage1971]

Can't remember paying a settlement. Just handed the car back.

If that's the case the charges can't be claimed as they wasn't actually paid??

[dx100uk]

no they cant sri

 

dx

[Sausage1971]

OK, that's fine. Worth exploring though.