PSA/citreon finance/santander ppi

[pt110856]

hi i sent psa finance t/a citreon finance, a ppi request, with the original agreement and ppi paperwork.

 

i got a reply from santander saying they have no paperwork in my name, dont know what i am on about

and that they only supply car finance, not ppi.

 

any ideas out there, it seems i have got a fight on my hands.

all help would be much appreciated. pt.

[Tetchy]

Have the same problem, Satander took over the car finance part of GE Finance and are denying everything. May be court action to get a result.

[dx100uk]

if you have the agreement surely its gameover.

 

dx

[SeanG79]

Often with PPI on car finance it was the dealer who sold the PPI via a 3rd party provider and it was not handled by the company providing the finance for the vehicle. In those instances you would be referred back the supplying dealer. This may be what happened in your case?

[dx100uk]

section 56 CCA would apply ?

 

dx

[pt110856]

hi dx, yes that is what i thought, surely if a company takes over another they also take over

there responsibilities.

 

another question if you dont mind. ppi

 

i have read that if a claim is more than six years old, these companies do not have to sort it out.

but if a claimant has only just realised that they may have a claim, then they can claim within 3yrs of realising

there was a problem. i ask this as i am doing this with my o/h who has had mental health problems for the last 6-7yrs.

but who is now coming out the other end, and we are trying to sort out his financial mess.

 

all advice in this matter would be greatly appreciated. pt

[SeanG79]

The company taking over would take over the responsibilities yes, but it is my understanding that if the dealer is registered as an Authorised Firm with the Financial Services Authority, the responsibility for dealing with the complaint regarding mis-selling of PPI would rest with the dealer themselves rather than with Citroen Finance/Santander.

 

I base this on what I have been advised the response from Peugeot Finance in similar claims was

 

The complaint is also not the fact that you had PPI, but rather the mis-selling of the PPI, which was done by the dealer and not the bank.

[dx100uk]

hi dx, yes that is what i thought, surely if a company takes over another they also take over

there responsibilities.

 

another question if you dont mind. ppi

 

i have read that if a claim is more than six years old, these companies do not have to sort it out.

but if a claimant has only just realised that they may have a claim, then they can claim within 3yrs of realising

there was a problem. i ask this as i am doing this with my o/h who has had mental health problems for the last 6-7yrs.

but who is now coming out the other end, and we are trying to sort out his financial mess.

 

all advice in this matter would be greatly appreciated. pt

 

Consumer Credit Act Section 56. refers...

— (1) In this Act “antecedent negotiations ” means any negotiations with the debtor or hirer—

(a) conducted by the creditor or owner in relation to the making of any regulated agreement, or

(b) conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or

© conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement and “negotiator ” means the person by whom negotiations are so conducted with the debtor or hirer.

 

there is NO time limit on PPI reclaims

 

dx

[pt110856]

hi dx.

thanks for the info.

 

one more.

 

if the ppi was taken out as a monthly payment to the 3rd party,

 

would the payments stop when i traded the car in for a new one,

or would they claim it all as part of the ppi contract.

 

pt

[dx100uk]

well i would assume when the car was traded in

 

the sum was paid off some how

 

so you still got charged it.

 

dx

[SeanG79]

Consumer Credit Act Section 56. refers...

— (1) In this Act “antecedent negotiations ” means any negotiations with the debtor or hirer—

(a) conducted by the creditor or owner in relation to the making of any regulated agreement, or

(b) conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or

© conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement and “negotiator ” means the person by whom negotiations are so conducted with the debtor or hirer.

 

there is NO time limit on PPI reclaims

 

dx

 

dx, I understand section 56 of the CCA, however how I understand it is that if the dealer sold the PPI, they would be liable for the mis-selling not the bank. There isn't an issue with the PPI as such, PPI as a product is fine if sold correctly, the complaint is that it was mis-sold and this liability will lie with the dealer.

 

All Citroen finance are likely to do is refer back to the dealer.

[sequenci]

dx, I understand section 56 of the CCA, however how I understand it is that if the dealer sold the PPI, they would be liable for the mis-selling not the bank. There isn't an issue with the PPI as such, PPI as a product is fine if sold correctly, the complaint is that it was mis-sold and this liability will lie with the dealer.

 

All Citroen finance are likely to do is refer back to the dealer.

 

Wouldn't the PPI provider need to have a system of checks and balances to ensure that the insurance being provided was required by the customer, and met their needs?

[SeanG79]

Wouldn't the PPI provider need to have a system of checks and balances to ensure that the insurance being provided was required by the customer, and met their needs?

 

I would say yes except for the fact that the dealer would have been registered as a authorised firm with the FSA.

 

To be honest I am basing my comments on various feedback related to Peugeot finance but it should work the same for all banks.

 

Where it differs as far as I am aware is when the dealer was not FSA registered and the banks representatives mis-sold the PPI...

[dx100uk]

its obv from the reply from satans bank that they are not treating the customer as they should

 

to simple turn around and say

 

'we don't sell PPI only car finance'

 

is crass in the extreme.

 

they have sold and refunded 1000's of PPI policies.!!

 

its about time the FSA/FOS did something about this attitude.

 

it solely to frustrate the reclaimer and make them give up.

 

dx

[SeanG79]

its obv from the reply from satans bank that they are not treating the customer as they should

 

to simple turn around and say

 

'we don't sell PPI only car finance'

 

is crass in the extreme.

 

they have sold and refunded 1000's of PPI policies.!!

 

its about time the FSA/FOS did something about this attitude.

 

it solely to frustrate the reclaimer and make them give up.

 

dx

 

I agree completely. They should be at least referring the customer back to the dealer/offering the customer a route forward.

[pt110856]

hi dx. more ppi. british credit trust another arnold clark provider, i wrote to them about a ppi claim.

 

there answer has me baffled.

 

firstly they say that they have no paperwork for my agreement as it has been destroyed after the statutory time limit.

 

but if i was looking for the paperwork for a ppi claim, they can advise that i didn't take out any ppi.

 

how do they know, they have destroyed all paperwork. pt.