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Forced Warranty GAP Insurance - CARSHOP


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Hi All,

 

Back in January 2015 my wife bought a car from CARSHOP, she took out their finance with Santander Consumer.

 

While in the office with the Finance manager of Carshop she filled in all the forms and handed them to him. He entered them onto his system to get approval.

 

After a little while he said that the finance company had come back and that it would only be approved if GAP and a Warranty was taken out, in his words 'to protect them'.

 

Now this warranty and GAP insurance totals £1100 and went onto the finance.

 

After reading about 'Forced Warranty' it seems that it is a problem in the USA but I can only find one incident, with Carshop, on the internet.

 

A few questions, is this legal, can we reclaim for miss-selling and how.

 

Many Thanks

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If she was forced to take the insurances then yes she can claim mis selling

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How would we go about proving this, we were both present and yes I feel rather stupid about it.

 

I have called Santander to ask that they did not have any condition for the car finance in terms of GAP or Warranty and they confirmed they did not.

 

 

Thanks

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just the sales rep pocketing the commission usual trick

who is the under writer

make you claim against them.

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=GAP+&sa=Search+CAG#gsc.tab=0&gsc.q=GAP%20reclaiming

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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have a read of the similar threads in the link posted @ #4

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rac branded by not underwritten by them.

 

 

 

 

RAC searches a panel of insurers to find cover that best suits your requirements at the best possible price available from this panel. This means that it will not necessarily be the RAC that underwrites your cover.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Have you ever used the warranty for any repairs on the car? Would be a bit awkward claiming it was mis sold if you had

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2 mis selling claims to make then!

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time to get reading

the first of the links that I already posted in post 2

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?338126-Advice-regarding-purchase-of-GAP-insurance-PPI-reclaim

 

 

read the rest.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, from the underwriter, TWG

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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  • 2 months later...

Hi,

 

Due to other life things to sort out

I have only just got round to sorting this issue,

 

 

thanks for the links and info in particular the Parkers information on mis-selling of GAP and Warranty Insurance.

 

 

Following the Parkers advice I have drafted the following letter to send to the selling dealer in the first instance

and would appreciate your comments before sending.

 

 

I have spoken to Santander who have confirmed that my finance agreement was not conditional on the taking of Warranty and GAP Insurance.

 

 

I have also contacted the FOS who have also confirmed that the products are optional

and not necessarily a condition of finance but that I should contact the original seller with my complaint in the first instance.

 

Many thanks

1st Letter Carshop Reclaim-1.jpg

1st Letter Carshop Reclaim-2.jpg

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UPDATE:

 

Letter sent by 1st Class Signed For and by email this morning.

 

Received an email response within 20 minutes stating I will receive a response with 48 hours.

 

Lets see what they have to say.

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Great

So they are on the back foot

You need to write or email and inform them it was part of the finance HP

And interest was thus added

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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UPDATE:

 

Email reply sent reminding them that the Warranty and GAP Insurance was on the finance agreement and so attracted interest. I did not reject or accept what they are calling their final decision.

 

Reply received stating they will contact me again.

 

I want to take this all the way so lets see what they come back with.

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UPDATE:

 

Hard copy of the letter sent by email received by post this morning along with a cheque for the partial sum claimed.

 

Still no reply to email sent regarding interest as Warranty and GAP included in finance agreement.

 

Would cashing the cheque mean accepting their offer or could it be considered as part payment of claim?

 

Thanks as always.

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unless it says F&Final or fully settled on the letter it comes with no

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

in anticipation this is acceptable..

 

well its not

 

so cant be their final response

 

i'd bank the cheque

 

and write to them clearly stating that it is taken in partial acceptance of their offer, pending the issue about the added interest to the sums refunded.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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