Forced Warranty GAP Insurance - CARSHOP

[BLADES65]

Hi DX,

 

Thanks for your reply.

 

I have just checked my email, I have had a response from the chap who is handling this in response to my query regarding interest and the total sum being part of the finance agreement.

 

He apologises for delay in replying but he is away from work on holiday and will reply this week when he returns.

 

As you say this is not acceptable and my further correspondence with them makes this clear. i am not happy with only a partial refund either, I was mis-sold this and I want the whole sum refunded plus the interest on the finance agreement.

 

Thanks

[dx100uk]

yes

 

 

dx

[Andyorch]

Thread moved to the appropriate forum.

 

Andy

[BLADES65]

UPDATE:

 

Reply received in relation to the interest as detailed above. looks like this is now their final offer. Next step advice most welcome.

 

Dear Mr xxxxxxx

 

I have considered your request to look at the interest payable on the warranty and GAP product as part of your finance package. I therefore propose to raise a cheque to cover the amount of interest that would be payable on the refunded portion of your products over the full 60 month term. I have calculated this to be £162.44 (£601.62 x 27%).

 

I have asked the finance team to raise a cheque for this additional amount and send to you and along with the cheuque for £601.62 already sent, this refund is our final offer in relation to your complaint.

 

I trust this will be satisfactory.

 

Couple of things; Not sure how interest has been worked out and my total claim is for £1118.00 plus the interest at 17.9% as it was included in the finance agreement.

[dx100uk]

Can you scan up the agreement and I'll check what you should get back

 

PDF please

[BLADES65]

Hi DX,

 

I think I have that worked out just now. I can still scan up later if you wish

 

Total claimed £1118.00 + Interest on finance for this sum @ 15.53% (17.9APR on agreement) of £442.50 = £1560.60 in total

 

Their offer of £601.62 + their calculation of interest (which is wrong) of £162.44 = £764.06 in total

 

As advised I have a cheque for the £601.62 in my hand and the remainder of £162.44 is on its way according to their response.

 

I want to take this the whole way so suggestions on next steps please seeing as this is their final offer.

 

Thanks as always

[dx100uk]

Agreement please with the figures in pdf

[BLADES65]

Here you go.

 

This is the agreement received back from Santander by post a few days after the sale.

 

I have just noticed that the pre-contract credit information given on the day of the sale differs in the description on page 2 under VAT Details.

 

 

I thought the contents had to be the same?

 

 

It did not alter the end payments.

carshop attachment.pdf

Edited August 26, 2016 by dx100uk
15Mb in 3 files merged to <.5Mb

[dx100uk]

sorry I m going blind I cant see the gap or warranty listed on there?

[BLADES65]

It not listed specifically, it is listed in the VAT details as Extras for the GAP and Motor Insurance for the warranty. On the pre contract they were both put together under Motor Insurance.

[dx100uk]

crafty buggers

I did think that

you do realise that make the agreement null and void that they've hidden it.?

give me a while.

 

 

dx

[BLADES65]

I do have separate signed documentation for the GAP and Warranty but as I said this was done as it was explained it was a condition of the finance which we now know is utter rubbish.

[dx100uk]

total amount of credit £10,296.99

total amount for GAP+Warranty £1,118

 

1118/10269.99*100=10.88%

 

so every time you paid anything 10.88% was toward GAP+WAR.

 

you paid 19 instalments before it was cancelled.

 

1st payment was feb 2015 £416.20 10.88%= £45.31

2nd payment was mar 2015 £266.20 10.88%= £28.98

 

bod says you made 19 payments before cancelling so that runs till aug? 2016

 

going by the spreadsheet ive done I would accept his offer.

[BLADES65]

Hi DX,

 

Thanks for the above.

 

They are not offering a refund of the first 19 months only a pro rata of what is remaining on the term. Cancellation on cashing the cheque as per the second page of the offer letter in post #19. Do you need this in PDF as the other files at #19 are jpg's

 

The whole £1118.00 plus interest over 54 months of £442.60 is part of the finance agreement that runs for 54 months so I will be paid in total £1560.60 at the end of the agreement.

 

Their refund offer totals £764.06 meaning I have will paid £796.54 for a product I was duped into having by the end of the agreement. Who do I get this other amount from?

 

Thanks

[dx100uk]

just a quick note, as its a fixed sum loan

satans bank need to lower your payments else you'll still be charged for the int on the non existent GAP?WAR going fwd

[dx100uk]

crossed posts

[BLADES65]

Do Satander have any obligation to do this, isn't the Warranty and GAP insurance just another product on the Finance agreement.

 

Any tips on the approach?

[dx100uk]

yes I understand what they have said

but that's not the way they should be doing it

and is not the FOS method.

 

they need to refund what I've stated in the spreadsheet and then get satans bank to lower the result payment figures

to remove the future extra interest you are paying on a product that has been cancelled.

 

i'm awaiting confirmation on my thought the agreement is now null and void.

as you were lied too and so were satans bank.

 

if this is the case i'd quite honestly refuse any refund and goto the FOS with this.

 

IMHO you have enough evidence here for the FOS to be VERY interested in what has gone on

and you might also get compo on top.

 

 

dx

[BLADES65]

I already have a case number from the FOS, they recommended trying to deal with Crapshop first before going back to them if not happy with the outcome. Obviously I'm not happy, this has peed me off big time and I want to take this all the way.

 

I've not banked the cheque by the way, do you still think this could be done as part payment of the claim.

 

Thanks again, appreciated.

[dx100uk]

Do Satander have any obligation to do this, isn't the Warranty and GAP insurance just another product on the Finance agreement.

 

Any tips on the approach?

 

yes they do have a very serious obligation under the consumer credit act

 

the agreement is false and states false charges for things you were not charged for [motor insurance]

 

and that was used to hide unlawful GAP/WARRANTY.

 

the creditor lent you money for things listed on the signed agreement

you were charged for things that were purposefully hidden.

 

I expect satans bank will be having a serious word with that dealer.

 

you could complain to satans bank

but I think i'd be more inclined to goto the FOS

 

as in all truth, the letter all be it not from satans back but who you complained to

says final response

 

why not ring the FOS Monday AM and have a little chat?

 

dx

[dx100uk]

I already have a case number from the FOS, they recommended trying to deal with Crapshop first before going back to them if not happy with the outcome. Obviously I'm not happy, this has peed me off big time and I want to take this all the way.

 

I've not banked the cheque by the way, do you still think this could be done as part payment of the claim.

 

Thanks again, appreciated.

 

 

good and good

[dx100uk]

a little Dickie bird says:

agreement looks crap to me,

 

 

would like to see the pre contract as well

[BLADES65]

Hi DX,

 

Post #33 has the agreement and it also includes the pre-contract page that differs from the agreement received from Santander.

 

Page 1 & 2 of the PDF are the agreement pages and page 3 is the page from the pre-contract that differs in the apportion of the figures.

 

Here is the attachment again.

 

I can scan in the whole lot if you wish.

 

Thanks

carshop attachment.pdf

Edited September 1, 2016 by BLADES65
Change of info

[BLADES65]

UPDATE:

 

Received a reply from a very helpful gentleman at the FOS, he has sent me forms to complete with details of the case. There will be separate cases for the GAP Insurance and the Warranty. Just about to fill in and send the whole package off.

 

The two cheques received are still with me and I'm waiting for clarification whether to send these to the FOS as part of the evidence.

 

I have heard nothing from Satander other than acknowledgment of the complaint sent to them as well as CARSHOP. They still keep taking the payments.

 

I will update on any news.

[dx100uk]

ask the fos if you should cash the cheques

but no don't send them to the FOS

copy them for sure if you must for their evidence