Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Sparta Vs On:line Finance (Gmac)

    A bit of advice would be greatly received. I bought a car where the finance was underwritten by online finance (gmac really). It was from an "auto parc" where there are lots of small dealerships and they all use one agent onsite to sort the finance out. The finance was agreed to me but, the salesman said, after speaking on the phone to online, that I have to take their highest PPIicon insurance possible and "GAP" insurance. Over the full 5 year term, the total equates to nearly £2000. The salesman also never made any enquiries into my circumstances as I was about to become a full time student in a couple of months time, so the policy would not have been any use to me anyway; let alone the salesman informing me that a 3rd party policy could offer the same cover at a greatly reduced rate.

    They have replied to this letter airing my grievances by stating that they merely received paperwork from the "dealership" and that any problems, the dealership were at fault not them and they would not refund and this was their final response and then the stuff about the financial Ombudsmanicon to take it further.

    Can that defence actually stand up to scrutiny? Surely they have a duty of care to ensure their products are sold appropriately and they are just trying to fob me off at the first contact? The actual salesman/company does not seem to be there anyway. I do have all the forms filled out for the financial ombudsman complaint, and have no fear in taking them on as they have been brutal in there exploitation on the contract/law with me if I was ever late with a payment etc.

    Any thoughts would be greatly appreciated.

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  2. #2
    Site Team freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky's Avatar

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    Default Re: Sparta Vs On:line Finance (Gmac)

    This policy has been mis sold to you. You have a legitimate claim agauns the company. The salesman was acting as an agent and should not have sold you the policy knowing that you would be in full time education so soon into the policy being sold to you.
    I am sure you will get more help with this but in the meantime have a look at the threads in the stickies section at the top of the forum!


  3. #3
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    Default Re: Sparta Vs On:line Finance (Gmac)

    This is helpful to my case.

    Would the claim be against the car salesman or GMAC?


  4. #4
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    Default Re: Sparta Vs On:line Finance (Gmac)

    Quote Originally Posted by freakyleaky View Post
    This policy has been mis sold to you. You have a legitimate claim agauns the company. The salesman was acting as an agent and should not have sold you the policy knowing that you would be in full time education so soon into the policy being sold to you.
    I am sure you will get more help with this but in the meantime have a look at the threads in the stickies section at the top of the forum!
    Hello Freaky Friday

    Nice to see you over in this neck of the woods

    There are a few CAGicon members posting with this problem of late, as lots of brokers or salesmen sell this ridulous policies and franky and blatantly mis-sell them for commission.

    This makes interesting reading

    visit: FLA E-Recruitment System
    Decision in Hurstanger v Wilson
    [2007] EWCA Civ 299
    This is may be of relevance to all members who pay fees to brokers.
    Case Summary
    The borrowers (Mr Wilson and Ms Burton) obtained a loan through a
    broker. The broker had a fiduciary relationship with the borrowers and
    received commission from the lender.
    At issue was whether the broker had received secret commission from the
    lender and whether informed consent had been given by the borrowers.
    The borrowers signed a form which indicated that commission might be
    paid but they argued that informed consent had not been given because
    they did not know the amount of the commission.
    It was held that the broker may only receive commission if the borrower
    consented to this with full knowledge of all material circumstances. The
    Court of Appeal held that the commission, in this case, was not “secret”
    but informed consent had not been given as the amount of commission
    had not been disclosed. (Accordingly they awarded the amount of the
    commission plus 1.29% simple interesticon from the date of the agreement’s
    inception).
    The Court also held that in cases where the broker does not disclose
    that she is in receipt of commission from the lender, the commission will be
    “secret”, the broker potentially guilty of fraud, and the entire loan liable to
    be rescinded.
    Implications
    The legal teams of all members who pay commission to brokers should
    consider the impact of the decision on their business.


    We could do with some useful information and advice on these matters to help caggers faced with this problem.




    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  5. #5
    Site Team freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky Authoritative freakyleaky's Avatar

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    Default Re: Sparta Vs On:line Finance (Gmac)

    Hello HH! Thought I would see how the other half live!

    The PPIicon forum is under refurbishment and will hopefully be sorted in the next couple of weeks. This should make things alot clearer for anyone with questions on this subject!

    There is plenty of information available in the stickies but you do have to search for it at the moment. We are hoping to have a user friendly Guide in place before long!


  6. #6
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    Default Re: Sparta Vs On:line Finance (Gmac)

    Following the final response from on:line saying it was the "dealership" not their fault I made the complaint to the financial Ombudsmanicon and got a letter saying they can't help as they werent under the juristiction when the poluicy was sold back in 2003.

    Not sure what to do now. Obviously only court action is open to me now. I have no problems doing this as its something I feel strongly about. However, I think I need to read round the arguments that would be used to lodge the court claim so I can get my head round it and feel comfortable before starting any action. Pointers towards other's threads where the court action has been involved would be gratefully received!


  7. #7
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    Default Re: Sparta Vs On:line Finance (Gmac)

    Hate to bump a thread. but really am stuck with how to take this through the small claims process. Any help would be appreciated!


  8. #8
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    Default Re: Sparta Vs On:line Finance (Gmac)

    Hi Spartagates the way I see it is the policy is through GMAC not the dealership so any grievanceicon should be direct with them, regardless who sold the policy if it aint of any use to you then wheres the argument. The fact the dealer is no longer there is irrellevant in my opinion and GMAC should be looking into the circumstances that you have explained to them, im sure you wont be the only one who has brought this to their attention.
    I will see if I can get some more help for you on this.


  9. #9
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    Default Re: Sparta Vs On:line Finance (Gmac)

    Thank you! I'm not scared of issuing court papers, but would love help to get it right.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE