Big Motoring World/BMW PCP Finance/Warranties 2000 - Range rover Evoque timing chain fail at 76k

[Hotdog77]

No!  I did not send a letter of claim.

Noted the spreadsheet, with thanks

 

[dx100uk]

6 hours ago, Hotdog77 said:

In the email that I sent, I did give 14 day notification to pay up or court. Should I still stand my that date?

then if you intend to do court you must send a formal letter of claim by royal mail, and NOT BLUFF.

be ready to file on MCOL day 15 if your defendants don't comply

dx

 

[theoldrouge]

First point I said send LETTERS not emails 
you will not be sending a letter of claim 
If all else fails you inform them that they have 14 days to pay otherwise you will be making an application to the court for permission to enforce the judgment of the Ombudsman 
However I would first advise that you in this case email the CEO of Creation asking whether he is aware that his company has not complied with a final decision of the FOS
In addition email the Creation FCA compliance officer with the same question 
Although the court application sounds simple it is anything but so try and avoid if at all possible 
and yes after the final payment cancel your DD

[Hotdog77]

@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?

[theoldrouge]

No 14 days only 
But in the meantime get on and email as advised CEO plus Compliance Officer 
 

You also need to start researching Form N322A and it’s implications 
 

https://www.gov.uk/government/publications/form-n322a-application-to-enforce-an-award

[Hotdog77]

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'?

[dx100uk]

On 03/10/2023 at 18:37, theoldrouge said:

However I would first advise that you in this case email the CEO of Creation asking whether he is aware that his company has not complied with a final decision of the FOS

let him find out the rest of the story for himself .

dx

 

[Hotdog77]

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?

[Hotdog77]

@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?

 

[theoldrouge]

As thought this is down to total incompetence rather than deliberate avoidance 
Yes contact Paribas customer relations again and tell them what you told Creation’s Section 75 dept

As your contract is complete, the car, it’s repair, is of no further interest to you, it’s a matter between them and the dealership and as your contract is complete they have no problem whatsoever calculating the compensation due as awarded by the FOS.

If necessary email the whole story to the CEO

His useless staff/colleagues need a good prod to get them moving 

[Hotdog77]

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? 

[dx100uk]

warranties are useless and should be reclaimed anyway.

so to date you've not told us nor included this warranty payment in anything you've mentioned to us or them or the FOS???

[Hotdog77]

 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.

[dx100uk]

sorry ok so it need unravelling.

 

15 hours ago, Hotdog77 said:

when calculating the 8% reimbursement, is the warranty payment to be added to the PCP's monthly payment?

yes treat it as one IMHO.

[theoldrouge]

Totally agree with @dx100ukinclude the warranty payments 
it didn’t actually help you did it whilst you were without the car

[Hotdog77]

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

[dx100uk]

53 minutes ago, Hotdog77 said:

but I was wondering if I could beg and plead with him to reconsider the £3k compensation

seriously doubt it .

if you've not kept nor provided any evidence upon bus fair costs nor ever written and asked for a courtesy car , you can't back peddle

[theoldrouge]

No the ombudsman’s decision was final
and been accepted 
but he may help to get Creation moving 

[Hotdog77]

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

[dx100uk]

oh well got there in the end

dx

[theoldrouge]

As we have said for sometime total incompetence 
but all you require now is your payment 
no further excuse for delay 

[Hotdog77]

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?

[dx100uk]

no you fill in section 9 of the V5C - (V5c/3)  and send the wHOLE V5C to the DVLA

tear the GREEN SLIP (V5C/2) out 

send THAT part ONLY to the dealership with anything else you think you need too.

 

 

 

[Hotdog77]

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?

[dx100uk]

cant be the finance co.! must surely be the dealership you purchased it from.

as even if this sorry story had never happened, you'd still return it to whence you got it as agreement ended .