Vauxhall Finance/GMAC (UK) plc regarding PPI

[topoftherock]

Hi guys,

I would like your help/advice in relation to a letter from a car dealer regarding PPI on my father’s Hire Purchase (Vauxhall van ) from 1990 to 1996.

(FYI-we still have a letter with the agreement number/number plate).              

 

Here is the info from the letter

 

“Firstly, I apologise for the delay in responding to your letters. It has taken time to investigate the matter as fully as we can.

 

The purchase was over 25 years ago and, unsurprisingly, we no longer have paperwork from transactions that long ago.

However, we are confident that the appropriate professionalism was shown by our sales staff at the time and have no reason to doubt this.

We have taken legal advice on the matter as well.

 

Given that the alleged sale was so long ago, it would appear that you are statute barred from bringing any claim against us as it has not been presented within the prescribed period of 6 years in according with the limitation act 1980.

You also requested a DSAR.

After checking all our systems, we can confirm we do not hold any information relating to you”.            

 

My first question about this information is, can I do anything to get more information  from them?

Is their information about the law  correct?

 

Moreover, I have checked the meaning of  the following information 

“We have taken legal advice on the matter as well. Given that the alleged sale was so long ago, it would appear that you are statute barred from bringing any claim against us as it has not been presented within the prescribed period of 6 years in according with the limitation act 1980”, 

 

I’m confused with their reference to “statute barred” and the 6-year timeframe in accordance with the limitation act 1980.

I’ve had a look online, and it seems this is in reference to outstanding debt?.

 

In my father’s case, he paid off the HP in 1996.

Or am I missing something? Here?

 

Kind regards P.S Note that the letter states

 

“APPEAR that you are statute barred”.

 

Are they covering  themselves by using “appear” as opposed to using a word/phrase more concrete?

[dx100uk]

1st name names.

 

2nd SB runs from when you discovered, or reasonably should have, the mistake.

so not SB'd

 

their legal advice is somewhat lacking however...

they as a financier would never have been regulated at that time anyway.

so your target will be the insurance underwriters I suspect, as they would have been regulated under GISC/API..but if you'll get anywhere as you've missed the 29th deadline with them is another matter.

[topoftherock]

Thanks for the reply.

 

What do you mean by “1st name names”?

I actually wrote to the local dealer and Vauxhall Finance/GMAC (UK) plc (I.e their  name is on our letter from the 90s). 

 

Here is their reply:

we acknowledge receipt of recent correspondence  from you dated 19 August 2019.

Unfortunately, we are unable to provide you with the information that  you have requested.

 

Our data retention policy states that we are only required to keep records for 6 years after the closure of any agreement.

Due to the age of your agreement, this cannot be located within Vauxhall Finance’s internal records.

 

If you have any questions regarding the letter please do not hesitate to contact us on 0000000....              

 

  In regard to the underwriter, I’m not sure who Vauxhall Finance’s  underwriter was from 1990-1996.

However, I found an online article from 1999  (https://www.motortrader.com/general-news/gmac-offers-deals-to-used-car-traders-29-03-1999) which shows that Pinnacle was their  underwriter in 1996.

 

So I actually wrote a letter to them as well, but still awaiting a reply regarding my complaint  (although they have acknowledged my complaint ).

[dx100uk]

ah pinnacle

good well you've put a claim in so lets see what they say then.

 

 

[topoftherock]

Hi dx, in effect, I have written letters to 3 organisations regarding my father’s Hire Purchase PPI complaint/enquiry  I.e local dealer, Vauxhall finance/GMAC UK plc and Pinnacle/Cardif pinnacle.

 

Do you know if pinnacle was the underwriter for Vauxhall Finance between 1990 to 1996?

 

I asked on the MSE forum and also looked online, but couldn’t find anything. (Except that 1999 article that I mentioned).

 

So I just wrote to pinnacle and thought I had nothing to lose.

[dx100uk]

good idea..

 

from my research too it appears Cardiff/pinnacle were the underwriters for old GMAC agreements.

[topoftherock]

Hi dx, great! Well as you say, let’s wait and see what Pinnacle say. At this stage, do you think  it’s worth writing back to the local dealer and Vauxhall finance/GMAC? 

[dx100uk]

they were not regulated.

[topoftherock]

Ah ok, so because there weren’t regulated, it’s impossible  to get compensation then?  (I.e if PPI was added and was mis-sold?) 

[dx100uk]

from them yes

but the PPI underwriters were regulated

[topoftherock]

Ah right, so there may be a chance we could get something from Pinnacle  then. Do you think Pinnacle would have the original hire purchase agreement then? 

[dx100uk]

you are not after that

they will have details they got paid PPI though I bet..

[topoftherock]

But Wouldn’t the original hire purchase agreement show if PPI was included? 

[dx100uk]

yes

[topoftherock]

So, isn’t that something that I need then? Because without that, how would I know about the PPI? 

[dx100uk]

well to date you haven't got it and have been chasing irrelevant ghosts getting you nowhere when they aren't a target that would refund you anyway as they were not required to be nor were they regulated at the time of sale..

 

if an insurance company underwrote a ppi policy, sold on their behalf for a backhander to the finance co. they would have required those details from the finance co. so ……...

[topoftherock]

Ah right ok, I think I get your point. So let’s wait and see what Pinnacle say then. Thanks again. 

 

Dx, I’ve done a similar thing with my father’s Barclaycard claim

 

I.e I wrote to Barclaycard (they said they can’t find any information)

, but I also wrote to 2 of Barclaycard’s underwriters during the time  my father had the card I.e Monument Insurance and AXA (I’m still awaiting a PPI reply from both; however, both have acknowledged my letter) 

 

. Would the same apply here? 

[dx100uk]

You never know.

1st time i think ive heard of monument insurance

[topoftherock]

Well, monument insurance was previously Barclays Insurance Dublin (DAC). Does that name ring a bell? 

[topoftherock]

In regard to AXA , I understand that CFIG/Consolidated Finance Insurance Group and Financial Insurance company were other  Barclaycard underwriters (that   are now AXA’s responsibility).