Car Finance Question - What would you do next?

Car Finance Question - What would you do next?

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Discussion

Bowler

Original Poster:

910 posts

226 months

Tuesday 20th December 2011
quotequote all
I’ve posted here as I’m looking for opinions both positive and negative about this:

Nearly 4 years ago, my wife bought a new car from a main dealer (which for reasons below, I’m not going to name), financed through the manufacturers own finance company

With all the recent press adverts about PPI and miss-selling Etc, she believes that she had been unduly pressured into talking out PPI so a few weeks ago, we wrote direct to the financier asking for their advice about how to take this forward. To cut to the chase we have recently received a letter from the main dealer’s parent company (the people that sold the finance) basically rejecting the claim etc etc

In the pack of info sent, to support the rejection, they enclosed a “Needs & Assessment” form, that my wife had signed with the finance application.

The signature on this Needs document is clearly not my wife’s. It’s good attempt but definitely not hers....

I’ve quizzed her about what she was asked and what she signed, but she's adamant that she did not complete or sign the form concerned. We have all the papers from the original purchase, but “our copy” of this document is not amongst them

What would you do next?
• Take this up with the people that sold the finance?
• Go direct to the Ombudsman?
• Let it drop?


?


LHD

17,002 posts

202 months

Tuesday 20th December 2011
quotequote all
Option A then B.

If it's not her signature then they're deep in the st.

mobile chicane22

308 posts

203 months

Tuesday 20th December 2011
quotequote all
LHD said:
Option A then B.

If it's not her signature then they're deep in the st.
+1

Keep ALL corespondence from now on and record any phone or face to face conversations making sure that the other party knows that they are being recorded before the fact

daveyboy996

5 posts

163 months

Tuesday 20th December 2011
quotequote all
LHD said:
Option A then B.

If it's not her signature then they're deep in the st.
This.

Ombudsman wont be interested until youve exhausted the finance companies complaints procedure.

Phil Dicky

7,193 posts

278 months

Tuesday 20th December 2011
quotequote all
LHD said:
Option A then B.

If it's not her signature then they're deep in the st.
Jesus if thats not your wifes signature they are in real real deep st...I'd have a trot to my local solicitor

acricha3

119 posts

221 months

Tuesday 20th December 2011
quotequote all
Take it up with the finance company first (formal complaint in writing with supporting copies of evidence). Dont be afraid to point out that if true its fraud on their part (or whoever forged the signature) and that you are prepared to take it to the ombudsman if necessary (or even further). Be aware that you may have to "prove" its not her signature (maybe a handwriting expert could help?). That being said Im not sure how bad the copy is. Tell them that when they sent you their copy of the form that it is the first time you have seen this!

If you go straight to the FSA (I think they would be the appropriate ombudsman) then they have to give the finance company 8 weeks (I believe its 8) to sort out the complaint themselves. The FSA can only take action if the company either a. doesnt solve (or attempt to solve) the complaint within 8 weeks of recieving the complaint or b its an unsatisfactory resolution.

That being said there is no harm whilst you are giving the finance company time to solve it themselves in ringing the FSA and asking for their opinion. I had a situation recently with an insurance company (they were making it difficult in a new for old clause over a stolen motorbike) and whilst I pursued the official complaint with the insurer I rang the FSA. They actually sent a letter to the insurer letting them know that whilst they were not taking any official action yet they were aware of this complaint. Strangely soon after recieving the letter the insurer paid out ..........

Oh and ring the FSA, dont send emails to them as they dont seem to respond (and you actually get someone pretty quick who appears to have a brain (always a bonus in these type of things!))

Whatever you do keep multiple copies of all correspondance (letters seem to work better then emails here) both theirs and yours in a folder. Makes it a damn site easier if you need to refer to it (saves my usual trick of having to rifle through loose paper on my desk :-D)

daveyboy996

5 posts

163 months

Tuesday 20th December 2011
quotequote all
Something also worth a quick check - the form they are claiming was signed - is there a date somewhere on the form indicating when the form was introduced? (normally a month/year)

Maybe a long shot, but if it does have a date, and it is after the date it was allegely signed, this could be the proof you need.

Presuming Ed

1,615 posts

223 months

Tuesday 20th December 2011
quotequote all
I'd put this straight into the hands of one of those no in no fee solicitors that specialise in claiming back PPI. The finance company are unlikely to fight it and you should recieve a cheque for a couple of grand with minimal effort. You could chase this yourself and employ your own solicitor but this could take time and money with no guarantee of success.

Bowler

Original Poster:

910 posts

226 months

Tuesday 20th December 2011
quotequote all
Thanks for the advice, so far.

It looks like someone is going to get there arse kicked as the copies sent to us are clear and everyone who we have shown the signatures to (on the various copies) have said "they are not the same"


Presuming Ed said:
I'd put this straight into the hands of one of those no in no fee solicitors that specialise in claiming back PPI. The finance company are unlikely to fight it and you should recieve a cheque for a couple of grand with minimal effort. You could chase this yourself and employ your own solicitor but this could take time and money with no guarantee of success.
Originally we decided to not involve one of the "no fee" people as I think thay are all leaches living off the back of the general public's insecurities and that "you need a solicitor". Good point about using these guys if costs are likely to rise though, but ultimately, the original amount involved (inc the interest) is less than a grand...



Edited by Bowler on Tuesday 20th December 23:51

blearyeyedboy

6,649 posts

194 months

Tuesday 20th December 2011
quotequote all
Read this:

http://www.moneysavingexpert.com/reclaim/ppi-loan-...

And think long and hard before using PPI claim firms- very often they charge people for the same basic letter-writing you could do yourself.

If you think they've forged a signature, I'd think about asking at your local police station.

icepop

1,177 posts

222 months

Wednesday 21st December 2011
quotequote all
What are you doing man, if it's not your wifes signature, and someone has forged it, then, beeping hell, take them to the cleaners.

If you are hesitating, and saying, as an option, "let it drop", then maybe you should think again as to whether it is your wifes real signature !!!!!

I'd be straight into the nearest solicitors........unless I had any doubts.

Edited by icepop on Wednesday 21st December 00:35