UPDATE:

Received a notice today from Mortimer on behalf of Crapbot, they have been instructed to discontinue proceedings.

Attached was a copy of the Notice of Discontinuance they sent to the County Cort Business Centre.

Massive thanks to all for advice and a donation will be made.

Thanks

Looks like my statement of facts to FOS needs to be expanded to more than just mis-selling.

Hi Again,

Having read the link you posted and gone over the pre-contract explanation document and agreement as well as the actual agreement sent from Santander nowhere is the GAP or Warranty worded as such. They are mentioned as 'Extras' and 'Motor Insurance on the agreements which I posted above.

They are not split as per the example in the link into there contitutant parts of Amount of Credit, Repayments, Total Amount Payable, APR Rate or Cash Price of Policy.

They have all been lumped under one total sum of 'Amount of Credit £10,296.99, Total amount payable £14974.80 Repayable by 1 of £416.20 followed by 52 payments of £266.20 and one payment of £416.20 payable 54 months from date of agreement.

Thanks

Hi DX,

What practically can i do about this?

I'd love to give the car back to them and walk away from the whole sorry mess.

Obviously FOS complaint is now initiated and they will have the full pack of documentation and history of the case early next week.

Thanks as always.

UPDATE:

Reply form FOS regarding cheques sent as Gesture of Goodwill.

As the offer is a gesture of goodwill then you can accept it at this time. If we deem more should be owed then we will ask them to pay the difference.

However, you can discuss the amount with CarShop before cashing the cheques if you wish, then you are entitled to do so.

Hi Dx,

Sorry, I meant send a copy

Thanks

UPDATE:

Received a reply from a very helpful gentleman at the FOS, he has sent me forms to complete with details of the case. There will be separate cases for the GAP Insurance and the Warranty. Just about to fill in and send the whole package off.

The two cheques received are still with me and I'm waiting for clarification whether to send these to the FOS as part of the evidence.

I have heard nothing from Satander other than acknowledgment of the complaint sent to them as well as CARSHOP. They still keep taking the payments.

I will update on any news.

Hi DX,

Post #33 has the agreement and it also includes the pre-contract page that differs from the agreement received from Santander.

Page 1 & 2 of the PDF are the agreement pages and page 3 is the page from the pre-contract that differs in the apportion of the figures.

Here is the attachment again.

I can scan in the whole lot if you wish.

Thanks

carshop attachment.pdf

I already have a case number from the FOS, they recommended trying to deal with Crapshop first before going back to them if not happy with the outcome. Obviously I'm not happy, this has peed me off big time and I want to take this all the way.

I've not banked the cheque by the way, do you still think this could be done as part payment of the claim.

Thanks again, appreciated.

Do Satander have any obligation to do this, isn't the Warranty and GAP insurance just another product on the Finance agreement.

Any tips on the approach?

Hi DX,

Thanks for the above.

They are not offering a refund of the first 19 months only a pro rata of what is remaining on the term. Cancellation on cashing the cheque as per the second page of the offer letter in post #19. Do you need this in PDF as the other files at #19 are jpg's

The whole £1118.00 plus interest over 54 months of £442.60 is part of the finance agreement that runs for 54 months so I will be paid in total £1560.60 at the end of the agreement.

Their refund offer totals £764.06 meaning I have will paid £796.54 for a product I was duped into having by the end of the agreement. Who do I get this other amount from?

Thanks

I do have separate signed documentation for the GAP and Warranty but as I said this was done as it was explained it was a condition of the finance which we now know is utter rubbish.

It not listed specifically, it is listed in the VAT details as Extras for the GAP and Motor Insurance for the warranty. On the pre contract they were both put together under Motor Insurance.

Here you go.

This is the agreement received back from Santander by post a few days after the sale.

I have just noticed that the pre-contract credit information given on the day of the sale differs in the description on page 2 under VAT Details.

I thought the contents had to be the same?

It did not alter the end payments.

carshop attachment.pdf

Hi DX,

I think I have that worked out just now. I can still scan up later if you wish

Total claimed £1118.00 + Interest on finance for this sum @ 15.53% (17.9APR on agreement) of £442.50 = £1560.60 in total

Their offer of £601.62 + their calculation of interest (which is wrong) of £162.44 = £764.06 in total

As advised I have a cheque for the £601.62 in my hand and the remainder of £162.44 is on its way according to their response.

I want to take this the whole way so suggestions on next steps please seeing as this is their final offer.

Thanks as always

UPDATE:

Reply received in relation to the interest as detailed above. looks like this is now their final offer. Next step advice most welcome.

Dear Mr xxxxxxx

I have considered your request to look at the interest payable on the warranty and GAP product as part of your finance package. I therefore propose to raise a cheque to cover the amount of interest that would be payable on the refunded portion of your products over the full 60 month term. I have calculated this to be £162.44 (£601.62 x 27%).

I have asked the finance team to raise a cheque for this additional amount and send to you and along with the cheuque for £601.62 already sent, this refund is our final offer in relation to your complaint.

I trust this will be satisfactory.

Couple of things; Not sure how interest has been worked out and my total claim is for £1118.00 plus the interest at 17.9% as it was included in the finance agreement.

Hi DX,

Thanks for your reply.

I have just checked my email, I have had a response from the chap who is handling this in response to my query regarding interest and the total sum being part of the finance agreement.

He apologises for delay in replying but he is away from work on holiday and will reply this week when he returns.

As you say this is not acceptable and my further correspondence with them makes this clear. i am not happy with only a partial refund either, I was mis-sold this and I want the whole sum refunded plus the interest on the finance agreement.

Thanks

The letter from them is in post #19

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.

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.

UPDATE:

Response received from the seller offering goodwill gesture on a product I was mis-sold. The cost of the Warrnaty and GAP was added to the finance agreement so interest has been charged on this as well.

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.

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

They have the same records in list form, they sent it with the last offer of a 25% discount.

Nothing in anything supplied about assignment, default mentioned in statements as is a note account passed to 1st Credit. No mention of CABOT

UPDATE:

SAR Request just received back from Vanquis. Pack Contains:

List of transactions and charges

Account Statements

There is no Default Notice

There is no letter of assignment to CABOT

There is no agreement

Letter states if you require copies of calls please provide date and time to assist on locating.

Statements do show last payment made November 2009

although I cannot confirm this as I have no records of my own.

Noting that Claim was made in April 2015 this would suggest not SB'd if provided info correct.