@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?

@theoldrouge your tactic worked! This morning, I sent an email taking a chance - cc'ing Mr Hunt, the French CEO of PNP Paribas, 2 directors of creation, customer relations at PNP Paribas and Section 75, among others. Mr Hunt's reply was an out-of-office, but I sent the email to his forwarding address for urgent matters. In less than two hours, Section 75 had been in touch, followed by another email from the same person who had assured they would stick to their word once the vehicle was fixed. Then the Customer Relations representative from PNP Paribas made sure the issue was being handled with the utmost seriousness. On my way home, I got a phone call from Creations. The same woman from Section 75 was excessively apologetic. Now, I need help as I was really annoyed by what she said. She informed me that I would get the funds only after the car was fixed and returned to me. I had to interrupt her to remind her that I had fulfilled my obligations with the contract, why was I being made to wait for the car to be repaired before I got my money? In the end, what happens to the car is now a matter between them and the dealership. I had to reiterate this to her several times, but all I kept getting in response was, 'That's not the FOS's decision.' Why should the repairs of the vehicle be my problem? My caseworker (section 75) was the one who failed to follow up on anything, and now that the contract has expired I still have to wait. Unless the car is being given to me for free, that's a completely different matter. She also said she knows nothing about the balloon payment. Funny! as was she too was in the email I sent almost 2 weeks ago. I'm sorry if this may be difficult to read. Can I follow up with the PNP Paribas customer relations person regarding their need for me to wait for the car to be fixed before I get my remuneration? I have the logbook and service history, so what will be the procedure now?

Ok I did a lot of searching last night but could not find the details for the FCA officer. Any idea where i should begin to look?

Thank you In regard to email to CEO, what else should I be saying apart from 'Are you aware of what to middle management are up to'?

@theoldrouge @dx100uk Ok I understand that I clearly missed/misread the "Letter" part. The emails have now been sent however, following Dx100 intervention I sent via RM 1st class recorded, letters to both Head offices. Sorry @theoldrouge could you clarify!! Are you saying that if after 14 days I do not hear from them, that I should give them another 14 days and during that time or even now I should email the CEO and FCA compliance?

No! I did not send a letter of claim. Noted the spreadsheet, with thanks

Ok, no problem. I'll get that letter posted on Monday. There are so many departments within both companies, whom would I be addressing these letters to? In the email that I sent, I did give 14 day notification to pay up or court. Should I still stand my that date? Where would you suggest I look , to work out the 8% Many thanks

@dx100uk Thanks' for clarifying. As per the advise given by @theoldrouge I sent emails to Section 75 within both companies (dealership/finance), I responded on the back of an email I received from Creation (section 75), where they had advised that the dealership would be in touch to repair the vehicle. I also cc'd other email addresses within both units. I received an email today from Creation, informing me that they were forwarding my email to their complaints dept. I also had to speak to the customer service dept at Creation at the beginning of Sept. I stated then that I had no interest in keeping the car and will not be making the balloon payment. Have I followed the correct procedure?

@theoldrouge Thank you Just to let you know that I have informed Creation and the dealer. The final payment should be taken on Monday, then I will cancel the direct debit. Although I have informed Creations on many occasions about the balloon payment, and I will cancel the direct debit, can they still try to take the payment? If they were to do this, it would mean a bounced DD and non payment. Would they then make a note on my credit file? I'm so concerned about their actions as Creation have been really callous. They were never going to fix the car not issue any monies back. I have the log book and service history in my possession, should I now change the owner on the V5 to creation finance? or leave it as is? Many thanks

Noted the above, but please note that it was an email that I had received. no letter. I literally just copied the message which is above, headed under: Letter received from Section 75 . I have attached a screenshot In regard to the end of agreement arrangement, I do agree with @theoldrouge that creation should in theory set out and explain my options prior to the end of the agreement and may well yet do so. Funnily enough I had to speak with them last week and the remaining payments. I have left a payment in September, then in October will be the balloon payment. The agent advised that I should call the dealership to inform them that I would not be taking the car at the end o the agreement. But initially I wanted some sort of letter template to send off to both creation and the dealership and also cancel my direct debit. I do not want to give them the opportunity to say that I have been in breach of contract for whatever reasons therefore I am liable to pay the balloon payment...look I don't know. Never taken out car finance before and sure won't after this experience. I just want to know what to do, without any repercussions on myself. Apologies if this has been confusing. Untitled presentation.pdf Fos ruling: Creation should compensate her for this. So, Creation should: Arrange for the failed timing chain to be repaired, at no cost to Ms ; Refund the payments Ms has made from February 2022 until when the repaired car is returned to her, to compensate her for the period she didn’t have use of the car; Reimburse the £950 Ms paid for the second independent engineer’s report; Reimburse Ms with the costs of insuring the second car, from its purchase in March 2022 until the repaired car is returned to her; Apply 8% simple yearly interest on the refunds, calculated from the date Ms made the payment to the date of the refund † ; Remove any adverse entries relating to the above payments being refunded on Ms credit file; and Pay Ms an additional £300 to compensate her for the trouble and inconvenience caused by being supplied with a car that wasn’t of a satisfactory quality. ?

Apologies, I was trying to get everything in at once. Letter received from Section 75 I am writing to confirm we have received the acceptance of the Finance Ombudsman Service ruling. This has been passed to the dealership on 11th August 2023, they will be in contact with you in due course to make arrangement for the necessary repair to be carried out. Once this has been action the remainder of the ruling will be actioned. End of agreement In approximately five weeks, my finance agreement will come to an end, despite the fact that there have been long-standing issues with the vehicle's engine. Still, I should have been contacted by the finance company to determine if I wanted to retain the car or return it to them once the period was over. Despite none of the aforementioned occurring yet, would you be so kind as to point me in the right direction with regards to an appropriate letter template to affirm the conclusion of the agreement? I am endeavoring to return the car and also cancel the Direct Debit without having to make a final balloon payment, oh and also request the FOS ruling to be actioned with immediate effect or I will proceed to court.