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Hi, im trying to help my sister out so here goes..
They (my sister and husband) bought car in 1998. He lost job a year later and had the car returned. He still owed app. £9k after they took the car back (for an escort). The agreement was with chartered trust (who is now blackhorse) and they have sold the debt to CL finance. The amount still owing is approx £2000.
Now a couple of months ago I requested a cca and they complied Agreement . however they noticed PPI on there for approx 2300. Having looked at this and listened to them they were unaware that this ppi was additional cost.
Carcraft stating when they got the car it was included in the loan. They didnt get a policy and basically new nothing about it. (it is posible that when he lost his job he was covered by the ppi but has no idea as they have never seen a policy).
So as it stands we think the ppi was misold. I am unsure as to the next step as technically the ppi has not been paid (as £2000 is still outstanding and being collected by CL Finance). We have told cl finance that what is outstanding is misold ppi and will not be paid. if they want it they can collect off blackhorse or carcraft. Cl finance sent it on to blackhorse who state they do not accept responsilbility as they did not sell the PPI and passed it on to carcraft, until now we have heard nothing from carcraft.
Now as far as we are concerned we do not want to reclaim it off carcraft and then pay off cl finance. we simply do not want to pay cl finance the £2000 outstanding. Is this the way to go?
Heard from Carcraft. They state statute barred so go away.
Have responded that as the PPI on the agreement was first seen in december 2009 under section 14A of the limitation act, an action can still and will be brought. Obviously they think i'm dumb .
Further more as the carcraft employee deliberately mis informed them by stating it was all included and not giving them any policy or information then an action will be brought under the misrepresentation act 1967 and fraud act 2006.
they have 14 days (which they won't respond or think i'm bluffing)and I will file with local cc
.
I will start on draft POC's in the next couple of days.
Have also told cl finance to go swivel, if they want their cash go see blackhorse or carcraft.
Its been a while (well six months ) since I issued against someone and I'm looking forward to it. Tesco and united utilites thought I was bluffing until they got slapped with a ccj.
Ok I need to move on and although I'm still waiting to hear from carcraft I suspect their response will be the same... bugger off statuted barred. It is not statute barred as the first time they saw the completed agreement was december 2009.
The agreement was signed blank and it was completed after they had left the showroom. They had been kept in there for hours. The carcraft employee stating 'just signed here and you can go, i'll fill the rest in later'. There is an X where he was required to sign.
So..
I'm now certain its carcraft that I have to pursue and I don't think the fos would be interested as it was in 1998.
I would normally SAR carcraft but what could they provide me if I did? I have the agreement and most of the PPI is still outstanding to cl finance/lewis so i'm not looking for any payment history.
Lewis have threatened court action if it isnt paid.
Have SAR'd blackhorse today using the template in the stickies. Have also added in that we want all info regarding the paying of commissions whether to them or from them.
Carcraft/blackhorse/CLfinance PPI
on there for approx 2300. Having looked at this and listened to them they were unaware that this ppi was additional cost.
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) since I issued against someone and I'm looking forward to it. Tesco and united utilites thought I was bluffing until they got slapped with a ccj. 
Originally Posted by postggj
now i know why