@theoldrouge Apologies! I've had to prepare for student mock exams, so I've been rather busy. You guys have been really great. And yes! This situation almost killed me, but I have stuck with it so far, and therefore I will continue to progress through the courts. Because at this point, what they say makes absolutely no sense and shows pure greed and incompetence. Would I be wrong in thinking that I was never obliged to pay that balloon payment? How was I expected to even pay that when they couldn't even be asked to fix the car? I have not replied to the last two emails from Creation. Should I go back to the previous one and mention that I do not agree with them for the following reasons, and therefore, since we cannot agree, I will have to seek the amount by other means? Or leave it as is until they receive the docs? Section75 update.pdf I have just begun filling in the N322A form and needed some help with wording for the following on conditions 1: What was the condition attached to your settlement? Car fixed under warranty Please give details of how the condition has or has not been fulfilled. Since the car had not been fixed, the applicant is still entitled to the warranty payments plus 8% simple interest since the car was never repaired by Creations. To make certain of the applicant's understanding, she asked Ombudsman Burford for clarification (see attached communication). The ombudsman's case investigator replied to confirm: I've had a discussion with the

Noted re deposit Yes the insurance is in hand. The warranty is outstanding. In total £1030.00

Hello, After the email I sent out on Monday morning, I have received two further emails from Creation.... See attached. Here, multiple issues are discussed; in conclusion, she maintains that I am not entitled to a refund of the warranty due to the handing back of the car at the end of the PCP agreement. Moreover, she states I am not eligible for my deposit, which was not a part of the ruling or contract. Argh!! So annoying Creation complaints email 13 & _11_23.pdf

@theoldrouge Thank you As cringe-worthy as I feel about emailing the CEO again, this is the thought that ran through my mind this morning. I'll type up the email and get it sent first thing in the morning. While I am at it, I have nothing to lose. I will also mention the text I received about the late payment for the balloon payment. I'll provide the phone calls and emails where I state the declination of the non-running vehicle.

Noted! Yes! Fos did request that they remove any adverse notifications from my credit file. Although, is the balloon payment, viewed as a separate issue? In regard to the warranty, yes! Their excuse is BS because that's exactly the point the ombudsman is making. In that I should have had full use of the warranty since the vehicle broke down, but the business denied me the option of utilising the service. Could you advise on the steps or process for pursuing the warranty through the courts/enforcing the FOS final decision?

Hi there, As much as I wanted this to be over quicker than it has begun, unfortunately, the saga continues. In the background, there has been an exchange of emails. I have been mainly conversing with one female, but she has drastically dragged out the process over the past 3 weeks. Some of the reimbursement has already been transferred to me. The last amount remaining was for my car insurance and the warranty, which I'm still waiting on. I wanted to be sure from the Ombudsman that the warranty payment would still apply to me if the vehicle remained unfixed. So I emailed the case handler for clarification as back backup. Today has been quite hectic for me! I got a message from Section 75 which affirms that I am eligible for a refund on my car insurance. but according to the Creation, they will not be paying this out because,: as you had the benefit of this cover over the time that you had possession of the vehicle, this is not a cost that we are able to return....see pdf attachment Can I get some help to claim this through the court? Or what action should I be taking? Re: Balloon payment/credit file Furthermore, I received a text today stating that my account was overdue!!!! Incredibly frustrating!! When I called, the amount that was past due was for the balloon payment. How is this feasible when I have informed the entire organisation that I do not want the vehicle? My question is: Can they leave a negative note on my credit file? I have proof of emails sent and postage for the letters sent to both Creations and the dealership regarding the balloon payment. oct_Nov Section75 Car insurance & Warranty.pdf Warranty clarification from Ombudsman )ct 23.pdf

Thanks @theoldrouge This is very clear to me. I sent over my argument to Creations and the FOS case manager yesterday. I am now awaiting a reply from both.

Hi there, Things seem to be moving in the right direction, although it's frustrating that the same people asking questions are the ones that I've cc'd many times. Although I had confirmed by email that I did not want the car, I also stated that I wanted all further communications to take place via email. I received a phone call today from a lady at Creation asking whether I wanted the car and its whereabouts. Debate exists concerning the warranty, and after reexamining the ombudsman's conclusions, I need assistance or guidance with regard to the warranty. From the declarations joined to the final ruling, the ombudsman has mandated that the vehicle be fixed through the warranty; therefore, no financial reimbursement will be provided to me as the warranty covers the mending of the car. So! Since the repair never took place or has never taken place, I think the warranty payment is still due to me? Can I go back to the ombudsman or case manager? Can I file another complaint to FOS about the warranty if we cannot hash it out? Warranty.pdf

Clearly understood, Thank you

Thank you. Just to be clear, the green part to the dealership (Big motoring world )or Creation/finance company? Section 9 of V5cto be in the name of creation or Big Motoring world?

The emails have been coming through like Tetris For the V5 docs, do I just change it into their name under the registered address immediately and return the other parts to them with the inclusion of the service paperwork?

Hello there, I am astonished at the ineptitude of Creation. With only 13 days until the close of the month, I am now being notified about recovering the car. Back in September, I sent an email to the same 3 people who were cc'd in yesterday's email, reiterating that no payment was to be made for the balloon payment and also providing them with the complete address, telephone number and email address where the vehicle had been stored. FOS and MD complaint 17.10.23.pdf

Hi both @theoldrouge @dx100uk I received a surprise email today from the FOS investigator who was working on my case. Apparently the Ombudsman who made the ruling is checking up to see if Creations had settled with me. I guess I have nothing to lose, but I was wondering if I could beg and plead with him to reconsider the £3k compensation i requested as well as Creation having to pay out for the second car I had to purchase. To be offered 10% on the compensation I put forward is an insult imo. My life changed massively and the consequences had a devastating effect on my children and day-to-day life. Travelling to work as a teacher was hell!! Furthermore, They NEVER provided me with a vehicle...not even a coutesy car. Please let me know your thoughts

I'm not sure what you are asking, but yes, I have already informed Fos and here about the warranty. I had to provide Fos with specifics of all the payments I have requested, including the warranty. The ombudsman's instructions concerning my claim were not explicit; they refused to continue discussing any particulars of the claimwith me, when I asked for clarity.

Thanks for clarifying as I have an email ready to fire off. Question: I was paying two amounts, one for the PCP and another for the warranty, both by direct debit on the same date. The FOS gave no specific instructions, so when calculating the 8% reimbursement, is the warranty payment to be added to the PCP's monthly payment? Also, can they tax the amounts?