Car Loan PPI Paid but not on agreement

[Bugsy]

I purchased a car back in 2007 and had finance arranged through the dealer with Blue Motor Loans. My agreement is linked below.

For nearly four years I have been charged PPI each month until I cancelled it early this year. However on reviewing the agreement there is no mention of PPI. It has the loan and GAP insurance which I agreed to but no mention of PPI. The payment of some £30 for PPI on top of the amounts stated in the agreement have been taken by Blue Motor Loans each month.

A few questions if any one can enlighten me please

1) Should this should be covered by S18 multiple agreements? .

2) Would this actually make the whole agreement unenforceable as there are no prescribed terms for PPI even though I have been charged for it?

3) I have sent Blue Motor a claim for PPI repayment but they say that it is not their responsibility but the dealer who sold the car. Who should the claim be sent to, the finance company who collected the payments each month or the dealer who sold the car?

Thanks,


http://i579.photobucket.com/albums/s...Blue/Blue1.jpg
http://i579.photobucket.com/albums/s...Blue/Blue2.jpg
http://i579.photobucket.com/albums/s...Blue/Blue3.jpg

[Paul.]

Re: Car Loan PPI Paid but not on agreement

liability falls on the Creditor, the person providing the credit

[Bugsy]

Re: Car Loan PPI Paid but not on agreement

Thanks Paul,

What do you think about the fact that PPI is not mentioned on the agreement at all?

[Paul.]

Re: Car Loan PPI Paid but not on agreement

Thanks Paul,

What do you think about the fact that PPI is not mentioned on the agreement at all?

What is the EXACT date the agreement was signed?

[Bugsy]

Re: Car Loan PPI Paid but not on agreement

4th May 2007

[Paul.]

Re: Car Loan PPI Paid but not on agreement

then the agreement will be subject to the Courts discretion im afraid.

Chances are the court would discharge the PPI but not the loan

[Bugsy]

Re: Car Loan PPI Paid but not on agreement

Thanks for that Paul. Do I stand a chance of a PPI reclaim though?

[Paul.]

Re: Car Loan PPI Paid but not on agreement

i cannot answer that question without knowing all of the facts of the case.

Its like asking how long is a piece of string really. Each case must turn on its own merits

Also you may be able to raise further issues over the agreement as if the PPI is lacking from the agreement then either the credit or the charge for credit may be misstated and you may not have been provided the information parliament thought sooo important that pre 2007 agreements would have been unenforceable for such a minor breach.

So there may be a few remedies open to you, but it would need proper investigation and i cannot read the agreement you have posted

[di30]

Re: Car Loan PPI Paid but not on agreement

Hi there

As Paul Says, we need to know more details in regards of the PPI reclaiming.
But if you do have a case you pursue the business who set up and sold your account, in your case the dealer, head office or complaints dept.

May I ask what reasons you have for being mis sold the PPI?

Cheers.

[Bugsy]

Re: Car Loan PPI Paid but not on agreement

Hi Di,
Apart from the fact that the salesman at the time insisted that in order to get the loan I had to take the PPI there is no mention of PPI on the agreement at all. Yet they have been taking PPI payments in excess of the payment mentioned in the agreement for approx 4 years. I will post up a better copy of the agreement when I get home as I am at work at present.

[di30]

Re: Car Loan PPI Paid but not on agreement

Hiya

You have a case here and infact it should be a straight forward reclaim.

I would complete the reclaim questionnaire below, it was issued by the Financial ombudsman service (FOS) to save time, so if your complaint was rejected by a final decision you maybe able to complain to the FOS.

When you complete the form, I would also send them copies of any relevant paperwork you have, the copy of the agreement where NO PPI was shown and yet the evidence on your statements on where the PPI has been taken out.
You need to send this to the dealer, head office or complaints dept.

Realistically this is straight forward in my opinion and they should upheld at first instance.
Do keep copies though of the questionnaire in case you need to refer back to it again or make that complaint to the FOS.

http://www.financial-ombudsman.org.u...stionnaire.doc

[Paul.]

Re: Car Loan PPI Paid but not on agreement

only problem with FOS is they only allow 8% interest

If the action is founded in the Unfair relationship provisions of the CCA 1974 you can recover not only the premiums but also Compound interest at the contractual rate which doubles your claim

the case authority is Sempra Metals on this subject

FOS is an easier route but it depends on the remedy you seek

[Bugsy]

Re: Car Loan PPI Paid but not on agreement

Hi Di,


You say send to the dealer but Paul has said it is the finance company that I should claim against. Can you clarify please as I don't want to send to the wrong people. Blue Motor Loans took the payments but Stoneacre Car dealership sold the car.
Thanks.

[Paul.]

Re: Car Loan PPI Paid but not on agreement

the lender is the person whom you attack in this case, the dealer acted as their agent under the CCA 1974

[di30]

Re: Car Loan PPI Paid but not on agreement

Oh sorry, missed posting back the other day, I would go along with Paul on this one and pursue the lender.