Carcraft issues - **resolved**

[Big Malc]

I will let you know the outcome whatever it may be......

[MARTIN3030]

As part of effort to split the posts into some organised fashion have moved here and re-titled.

Given that Brian and Malcs postings are so interwoven,have left them together.

Edited June 4, 2011 by MARTIN3030

[lalsy]

Sorry i haven't got back to you sooner Brian.We cancelled the direct debit and took car back and just left it there with the documents.Creation and Carcraft are not upholding our complaint so it has now been referred to the financial Ombudsman but I'm not holding my breath lol so we expect to go to court eventually.Surprise surprise !!! my daughter went and got car in the same month,same year and same place as you, am wondering if it was the same salesmen who dealt with us both who I know have since been sacked ( wonder why ) ?,and yes the option to trade the car back in after first year was done verbally on 4 separate occasions,each time my daughter had someone with her who could verify .Carcraft even tried to tell us that ours was the only complaint at the Sheffield branch.Looks like it!!!!

[MARTIN3030]

I have been researching some stats from the FOS from available data.

So between 1st.July 2010 and 31st.December 2010

New complaints logged by the FOS from people with Creation Finance issues=64

Of these 34 were for banking and credit problems

30 were for General Insurance related issues.

 

I have the figures for complaints from the same period in which the FOS upheld in favour of the complainant.

 

Overall 41% of these were upheld in favour of the claimant

The proportion of complaints upheld in favour of the complainant in respect of Banking and credit issues was 52%.

So on those figures slightly more than half of all complaints in respect of Banking and Credit complaints went in favour of the complainant.

The First half of 2011 figures are expected soon.

[SCARS]

If you signed credit agreement on the premises you dont have 14 days to cancel

 

Since February 2011 all HP agreements now have a 14day withdrawal period, this is part of the European Laws, Blackhorse implemented late last year all other companies switched over as of Feb 2011. This is only a right to cancel the credit agreement, not the purchase of the car - just to be clear.

 

Google Consumer Credit Directive changes 2011:

Cooling off period

You can withdraw from a credit card or loan agreement within 14 days of signing up to it. You must, however, repay the credit and pay interest for each day the credit was drawn down.

Edited June 16, 2011 by SCARS

[TerryKira36]

Hi, Reference Carcraft. I took out a £99 per month deal with them last year after being called by their salesman. Went down and was told that because I had previously bought a car from them, I could take any car at £99 per month for twelve months and then either hand the car back, part ex at £99 for a year again or pay £528 per month for four years.....option C not being an option!

This information was repeated by the finance manager in the presence of my colleague, we shook hands on the deal and he ringed my paperwork and said come back a month before the 22nd May 2011 and either hand back or part ex.

Three weeks ago went back to hand the car back and this is not available, part ex is not available and the only option that is, is £528 per month. This complaint has been rejected by Carcraft Compliance Unit and is currently being investigated by Creation Complaints.

Anyone going through this?, I'm trying to work my way through this minefield and would like to hear if anyone else is in the same/similar boat.

 

Thankyou.

 

Hi Brian,

We fell for the same patter in August 2010,

 

we were contacted by phone offering this deal, which had to be taken up that weekend. As with yourself 3 options:

1) after 12 month at £99 swap the car for another @ £99 for another 12 month period,

2) If we wanted to keep the car take over the finances (Not really an option @ over £400/month),

3) hand car back at the end of 12 month and be clear of any financial liability.

Again the finance is by Creation.

 

Went back last week to be told scheme no-longer available as the finance company had pulled out of the deal.

 

The two options we were given were to px for another vehicle but not £99/month or take over the finance @ approx £450/month;

so we stated that we wanted to take option 3 and return the car.

 

we were told we can not do this and needed to get intouch with their Customer service dept which I did.

 

They denied miss selling and said a formal complaint would have to be started.

 

As we do not want to have breach of contract issues we need to try and get a resolution before the end of August.

 

Can we some how help each other?

[Brian9193]

Hi, To save me getting writers cramp, could you give me a call on [edit] ...........we can help each other!

 

Best regards, Brian.

[Brian9193]

Hi, Our situations are much the same, don't worry too much about breach of contract.......I've done that!........keep in touch with Creation and explain the situation. I now pay them £150 per month whilst my case is being investigated by the Financial Ombudsman. Go through the charade that is Carcraft Customer Complaints and when they have rejected your claim (which they will), take it up with the FOS.

Carcraft are currently being investigated by Trading Standards.......says it all really.

Please reply and we CAN help each other.

 

Best regards, Brian.

[Big Malc]

Update (sort of)

 

My sister in law was given the expected fob off from Carcraft which responded to none of the points raised but instead basically said "A contract's a contract!" - which is interesting, as a verbal contract is also a contract, so I'm looking forward to them hanging themselves by their own bent words.

 

She has been contacted by Trading Standards - hopefully anyone who has been ripped off by this sham of a company will also get in touch with Trading Standards also. With a bit of luck they can be shut down and a more reputable car firm can take their place.

 

Pigs might also one day fly.

[lalsy]

Am wondering how you guys are doing with your complaints,mine is progressing nicely .The mediator is upholding our complaint but if Carcraft and Creation disagree then it goes to the Ombudsman which I am sure will take forever as they have a backlog of cases. Apparently we are not the only ones who have been duped in Sheffield. Please let me know how your complaints are progressing and I will keep you up to date with mine.

[Brian9193]

Hi, Glad to hear of your progress, mine is with the FOS and should be going live Sept/Oct time. I have, after much negotiation, got Creation on side (who aren't actually at fault) and now pay them an agreed payment which suits me as opposed to the full amount. I have contact now with another dissatisfied customer and his case is identical to mine in all but having an independent witness.

I am becoming increasingly confident of sorting out this mess, with the assistance of fair minded, neutral people. If anyone happens to read this and is in the same boat, get in touch and gain strength through numbers.

Hope you win, keep in touch.

 

Brian.

[TerryKira36]

Hi Guys,

 

I appear to be way behind you all, being only a week into an official dispute with CC. Even after having spoken with and written to their Compliance Dept, I'm still unsure if they understand fully the dispute I have with them.

 

A couple of leads that I have found that might be of help are:

 

Look at the Consumer Credit Act 2006 Section 140. Search for Consumer Credit Act 2006 Section 140 "pi brief update"in your browser, it gives a good explanation of three important changes to the 1974 act.

 

Check your house contents and other insurance policies for Legal Cost Insurance, this can provide legal advice and possibly legal representation should all other routes fail.

 

I hope things continue to go well for everyone; I'll keep the thread updated as to my progress. You never know Big Malc, we might just see those Pigs Fly if we stick together.

Regards

TerryKira36

Edited August 7, 2011 by TerryKira36

[Gaf]

Hi Mate,

 

I've been through the exact same as you.

 

I complained to Creation and Carcraft, they both gave me the boot. Although i don't blame creation for the problem I've had.

 

So I got a top lawyer involved, was not cheap, didn't get any where. But she did help to get my side of the argument into a concise order.

 

Then i went to financial ombudsman, I started the case with the FO in January, then on the 18.11.2011 i had a call from car craft, asking for the car back, their reason being that the case has gone in my favour.

 

So I called the FO, who advised me not to return the car till everything is in righting. The FO has managed to get the extra money above £99 back for me. he judged the hiked price was not justified.

 

If you need more info, get in touch and i will try and help.

 

Hope this is of help.

 

what is it carcraft say? Drive happy? what a joke!

 

Cheers

Gaf

[Gaf]

By the way, i'm in Sheffield too.

 

I advice go down the ombudsman route its the only way, also keep up the payments other wise CC will ruin your credit score.

[TerryKira36]

Hi Gaf

 

Looks like I will be following the same route as yourself. Solicitor route has not got anywhere, so I now have to go to FOS. Would like to know the steps you followed. Very pleased to hear that you got a favourable result.

 

Well done

 

TerryKira36

[Big Malc]

We have also just gone down the FOS route, the letter was sent off today. Just re-read the 'final response' letter and the arrogance of these companies is breathtaking.

[Gaf]

Hi Gaf

 

Looks like I will be following the same route as yourself. Solicitor route has not got anywhere, so I now have to go to FOS. Would like to know the steps you followed. Very pleased to hear that you got a favourable result.

 

Well done

 

TerryKira36

 

Hi Terry,

 

The steps I followed, I got all the paper work together, along with a detailed covering letter for the FOS. Then leave it to them getting back to you. They do keep you updated along the process, also their good at replying to emails.

 

I had a chat with the person looking at my dispute on Tuesday, I got the impression, FOS are dealing with a lot of car craft complaints, relating directly to the ''£99'' deal.

 

I've not had a final settlement yet. Once I do, i'll update the forum, i might even scan some of the documents, so everyone can see what happens next.

 

Thank you.

Gaf

[Brian9193]

Could I just update everyone on my situation,

 

having started my battle against Carcraft in April 2011,

 

I have finally completed the battle.

 

In November of last year the FOS decided in my favour and ordered Carcraft to take back the car,

settle the finance and reimburse me for all payments made over £99 per month from April 2011 to the decision being made in my favour.

 

This has been the most stresssful time of my life and at times it was hard to keep going,

 

I did and I'm glad I did,

 

to anyone in the same/similar situation, don't give up and fight your corner, these people can be beaten and should be taken to task.

[dx100uk]

thats good news brian

 

well done.

 

i'm gonna slightly change the title for now

let us know when you do get the money back.

 

dx

 

 

dx

[sailor sam]

It would be good top get a response from Linzi (Carcraft Customer Service rep) on this.

[Brian9193]

Hi all,

Just to confirm,

all monies owed were finally paid this week (cheque cleared yesterday).

 

Car was taken back, finance settled and arrears paid to me,

my credit history was also compromised (previously unblemished) and this has now been restored to my previous status.

 

It has taken twenty one months to complete and has been a nightmare,

but I will be writing to the FOS shortly to thank them for their time and efforts on my behalf,

I dread to think of the cost of legal assistance and although the process was long winded,

it was made longer by Carcrafts wish to seek a final decision from the ombudsman after the adjudicator had ruled in my favour.

 

If I can offer any help or assistance to anyone who is in this unfortunate position,

 

I would be happy to do so.........there is help if you seek it and you are not alone.

[dw190]

Hi all,

Just to confirm,

all monies owed were finally paid this week (cheque cleared yesterday).

 

Car was taken back, finance settled and arrears paid to me,

my credit history was also compromised (previously unblemished) and this has now been restored to my previous status.

 

It has taken twenty one months to complete and has been a nightmare,

but I will be writing to the FOS shortly to thank them for their time and efforts on my behalf,

I dread to think of the cost of legal assistance and although the process was long winded,

it was made longer by Carcrafts wish to seek a final decision from the ombudsman after the adjudicator had ruled in my favour.

 

If I can offer any help or assistance to anyone who is in this unfortunate position,

 

I would be happy to do so.........there is help if you seek it and you are not alone.

 

While you have had monies repaid, have they compensated you in any way or paid interest on the monies you were paying to the finance co.

[Brian9193]

Hi, Sorry about that, I was paid eight percent simple interest on all payments over the original £99 per month from May 2011 to November 2012, hope this info helps.

[dw190]

Hi, Sorry about that, I was paid eight percent simple interest on all payments over the original £99 per month from May 2011 to November 2012, hope this info helps.

 

So although it was a hassle, it was a good return. The best you get from banks is less than a fifth of that.

[Brian9193]

To be honest, hassle doesn't even begin to cover the whole experience, it was twenty one months of not knowing whether I would be saddled with a debt of twenty grand plus for a car worth less than five grand. I feel my character and resolve have come through the toughest of tests, all of which could have been avoided with the verbal agreement honoured. There are harsh lessons in life, I've learned mine and will never be in this position again.