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Author Legal Advice...
PhilC
Member

Registered: 21st Jan 06
Location: Lancs, UK
User status: Offline
30th Apr 09 at 11:04   View User's Profile U2U Member Reply With Quote

Sorry for the long story, but...

Just over 2 years ago, I bought a Fabia from the Skoda dealer in Liverpool and took out their own finance deal. All good at the time...

Last month, I traded it in at Liverpool Seat, with 4 payments left.

As part of the trade in, Liverpool Seat agreed to pay off the remaining months.

As it was very close to the end of March, and I had a payment coming out at the start of April, I asked at Seat to make sure there would be no issues with the April payment.

I was assured that once the car was handed over to Seat, it would be there responsibility and all taken care of.

(Should have cancelled direct debit here!!)

Saturday 4th April - DD taken from my account of £209.11. Leaving just £11 in my account.
Rang Seat to speak to the guy who told me it would all be taken care of.
He tells me that they have cleared the remaining payments, and that he would contact Volkswagon Financial Services directly on Monday morning.

Monday 6th April - I rang VWFS myself, to inform them of the error, and was told that they had received payment from Seat, but it wasn't processed in time. They appologised for taking the money, and told me that the money would be refunded into my account within 7-10 working days.
I then rang Seat, and informed the same guy of what was said. He told me he has just got of the phone with them himself, and that he was told the same as me.

Thursday 16th April (8 working days later) - I rang VWFS just to make sure that it had all been processed and that my refund would be back in my account any day. I was told that on the notes in my file, it states that I was told there would be no refund because it had been refused. The woman at customer servcies seemed verfy confused by it and couldn't understand why no refund had been issued because it was clear extra payments had been taken. She told me she would have to start the refund process again, and this will take a further 7-10 working days. I told her that this isn't soon enough as I was expecting further bills in the following days. She agreed to send my refund using a telegraphic transfer, which should result in my money being refunded that same day.

Friday 17th April - The money never showed up. I called VWFS again to ask what was happening. I was told that the person I had spoken to the day previous had forgotton to do it, and that it would be done that day, and either in my account that afternoon, or Saturday morning.

Saturday 18th April - No money, VWFS offices closed until Monday.

Monday 19th April (Morning) - I called VWFS again to ask where my refund was and was first told that it had been processed on Friday, and should be with me by the afternoon.

Monday 19th April (Afternoon) - I called back in the afternoon, still with no refund, to ask why it still wasn't there. I was then told that it had been processed THAT morning, and that the refund would be in my account that afternoon.

Monday 19th April (Evening) - Finally got the refund back.

Now, issues list...

£25 bank charge for no money to pay mobile phone bill,
£45 bank charge for being overdrawn. 9 days at £5 per day,
Letters from the council about non payment of council tax,
Had to cancel a dentist appointment because I had no money to pay for it,
Had to take a day of annual leave because I had no diesel to get there,
Had to ask my parents for cash to buy food and diesel,
And had no money to buy my sister a birthday present.

I've spent the last week chasing both Seat and VWFS for the £70 bank charges back, and both are telling me that they acted in good faith, deny responsibilty, and claim the other party is liable for the charges.

Any idea what to do here? I just want back the money that is mine.

(Possibly posting the story on a car site with 20,000 members might help my cause...)
daymoon
Premium Member

Registered: 1st Aug 08
Location: Selby, North Yorkshire
User status: Offline
30th Apr 09 at 11:10   View Garage View User's Profile U2U Member Reply With Quote

i'd write a letter (including most of you original post) adn ask for money as it was VWFS who didn't refund you in time... and they didn't process Seat Payment in time.
Neo
Member

Registered: 20th Feb 07
Location: Essex
User status: Offline
30th Apr 09 at 11:14   View User's Profile U2U Member Reply With Quote

What the man with the hyundai said
FruitBooTeR
Member

Registered: 18th Jan 07
Location: Wolverhampton Drives: S15
User status: Offline
30th Apr 09 at 11:20   View User's Profile U2U Member Reply With Quote

Yeh as above... nice long letter

But get contact details of someone higher up at both firms as they would be more likely to take action.
PhilC
Member

Registered: 21st Jan 06
Location: Lancs, UK
User status: Offline
30th Apr 09 at 11:26   View User's Profile U2U Member Reply With Quote

I've asked to speak to management at both sides.

I'm waiting for a call back from the guy at Seat this morning, and VWFS refused to let me speak to anyone else as I'd just be told the same thing.
Toby
Premium Member

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Registered: 29th Nov 05
User status: Offline
30th Apr 09 at 11:26   View Garage View User's Profile U2U Member Reply With Quote

make sure you list times - dates - peoples names. And do a letter similar to the post with it all in chronological order.
Highlight the rerror of the woman forgetting to do the refund and that it circles around her forgetting to do the refund.
As for having to have a day of work etc i think its a bit much to try and claim compensation for but it might help your case getting the bank charges back. Also tackle the bank abbout the banck charges as you may get refunded an amount as i did last year as it only costs them like £2.50 admin not £25
PhilC
Member

Registered: 21st Jan 06
Location: Lancs, UK
User status: Offline
30th Apr 09 at 11:45   View User's Profile U2U Member Reply With Quote

Absolutely agree with the day off work etc. I'm not trying to claim back financially for that. I just highlighted inconvienace (SP) they caused me.
willay
Moderator
Organiser: South East, National Events
Premium Member


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Registered: 10th Nov 02
Location: Roydon, Essex
User status: Offline
30th Apr 09 at 11:55   View Garage View User's Profile U2U Member Reply With Quote

does no one have savings these days to rely on?
PhilC
Member

Registered: 21st Jan 06
Location: Lancs, UK
User status: Offline
30th Apr 09 at 11:58   View User's Profile U2U Member Reply With Quote

Just bought a house in december willay, so no.
willay
Moderator
Organiser: South East, National Events
Premium Member


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Registered: 10th Nov 02
Location: Roydon, Essex
User status: Offline
30th Apr 09 at 12:00   View Garage View User's Profile U2U Member Reply With Quote

ahhh that old chestnut! abit worrying that a 200 quid error can fuck you over so badly. No real margin for error.
PhilC
Member

Registered: 21st Jan 06
Location: Lancs, UK
User status: Offline
30th Apr 09 at 12:03   View User's Profile U2U Member Reply With Quote

Yeah pretty much...

Used every penny we had for a deposit...

Starting to clear overdrafts now.
Half Pint
Member

Registered: 25th Mar 02
User status: Offline
30th Apr 09 at 12:12   View User's Profile U2U Member Reply With Quote

ring the bank and explian the issue... they should use their discresion to wipe off the charges.... why on earth didn't you ring the bank and arrange a temp overdraft?
ajscorsa
Member

Registered: 30th Apr 02
Location: Perceton, North Ayrshire
User status: Offline
30th Apr 09 at 14:06   View User's Profile U2U Member Reply With Quote

he’s just said he’s paying for overdrafts so I’m assuming there at there limit.

scary that £200 caused you that much hassle. i mean what you gonna do if shit hits the fan one month and repairs cost more than £200? your essentially fucked.

Or are you over exaggerating to make your inconveniences look worse
luciaadr
Member

Registered: 11th Aug 04
Location: Bexleyheath, Greater London
User status: Offline
30th Apr 09 at 15:47   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by PhilC

Had to take a day of annual leave because I had no diesel to get there,



Don't want to imagine what my boss woud say if i came out with that, bloody hell...

Seriously, get a couple of hundred quid saved and don't touch it, or sell a playstation or something.

On a more helpful note, attack the fees on 3 fronts, firstly with SEAT, VWFS, and then with your bank explaining how bad with money you are. how you were messed around by the car companies. One of them (probably the bank) will refund you in the end.
PhilC
Member

Registered: 21st Jan 06
Location: Lancs, UK
User status: Offline
30th Apr 09 at 16:04   View User's Profile U2U Member Reply With Quote

OK, as the majority of you have just decided to attack me on my finances, I'll explain that in more detail.

I have all my household bills come out of another account in the first week of the month. I'd left myself £220 to last the month, and that was only to cover day to day living and mobile phone bill. This should have been plenty.

I bought a house in December, and maxed out the overdraft as it had a much better rate than putting down less deposit, and taking a higher mortgage.

I bet there are hundreds of members on here who don't have a spare 200 in their accounts, and would have the same kinda issues I had.
Sam
Moderator
Premium Member


Registered: 24th Dec 99
Location: West Midlands
User status: Offline
30th Apr 09 at 17:59   View User's Profile U2U Member Reply With Quote

Speak to the bank, they should be able to reverse the DD payment as it's not your error and will be covered by the DD guarantee (and ask them to remove the charges).
PhilC
Member

Registered: 21st Jan 06
Location: Lancs, UK
User status: Offline
30th Apr 09 at 19:11   View User's Profile U2U Member Reply With Quote

I've written the letter, will post tomorrow.

Thanks everyone for the constructive comments.

 
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