BMW FINANCIAL SERVICES / ALPHERA

BMW FINANCIAL SERVICES / ALPHERA

 

Please note all emails / extracts from emails within this document have been redacted to remove any personal or private information.

 

Our story begins in June 2014 when we decided to upgrade our Range Rover.  We had had a Range Rover Sport for a few years and it had served us very well – this one had been bought from Lookers in Bristol and financed through another finance house and there had been no issues.

 

We found the vehicle we wanted and agreed the deal through Credit Plus, the broker, with the vehicle coming from Lookers in Bishops Stortford – the deal was that as the best finance deal was not available to a Limited Company, Credit Plus advised us to put the finance in the name of one of our Directors, the vehicle would initially be registered to him, then after the first payment, to change the registration into the name of the Company.  This was the same principle that we had applied to our previous vehicle so seemed the way forward.  All parties to the agreement were aware of this – namely ourselves, the director whose name it was going into, Credit Plus (the broker) and Lookers.    An email was sent by us to all the aforementioned parties, clearly setting out our understanding of the terms, and no issues were raised by any party.  Finance had been arranged, by Credit Plus, with Alphera Finance (a trading name of BMW Financial Services).

 

The car was delivered and all was well.  We duly changed the registration document around a month after the car was delivered so, this would have been in August 2014.

 

In November 2015, the Director whose name the finance was put into received a random telephone call from a young lady from Alphera Finance.  Her tone and general manner was very accusatory.  She accused us of being in breach of the terms of the agreement and demanded that we changed the name on the registration document to the name of the director and that he had to take out insurance in his name for the vehicle.  We pointed out to her that the registration document does not prove ownership so it is largely irrelevant whose name appears on it and, more importantly, why was this suddenly an issue some 18 months into the agreement when it was all laid out very clearly from the outset.  She just simply didn’t get it, was rather rude and would not listen to anything that we had to say.   We then received a Default Notice and replied with the following email:

 

 Agreement Number xxxxxx

Tuesday, 17 November, 2015 9:32

From: 

xxx

To: 

xx@alphera.co.uk

Cc: 

xx@bmwfin.com xx@bmwfin.com

Dear xxxxxx

We are in receipt of your letter of 10 November, sent to one of our directors, xxxxxxxx.

As per my recent conversation, we do not understand why it has suddenly become an issue, after 16 months, that the vehicle is registered to our company, xx Ltd.  This has always been the case from day one – in fact, we were told by the broker that the finance was not available to the company and for one of the directors to apply for this personally and that it was fine for the vehicle to be registered in the company name.  This is exactly the same as we held the previous vehicle under for the previous 3 years to this one.  All directors of the company live within one mile of each other and all have access to the vehicle.  As clearly stated on all V5 documents “this document is not proof of ownership”

Would you please clarify that this nonesense will desist immediately.
We then received the following email from a different person:

PRIVATE AND CONFIDENTIAL

Thursday, 19 November, 2015 10:50

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From: 

x@alphera.co.uk” <x@alphera.co.uk>

To: 

xx

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Dear xx

 

Thank you for your email. I have tried to contact you to discuss the matter further, unfortunately without success.

 

As we do not currently hold this email address as an authorised means of contact for you or our customer,  I am sorry I am unable to respond in writing at this time. You can add this email address either verbally by calling us on the number below or by a signed letter from the customer.

 

I look forward to hearing from you shortly so that we may respond in full by return.  Should you have any further questions, please call us on 0370 5050 150, selecting option 5, then option 2. Our opening hours are Monday to Friday 8.30am to 6.30pm and Saturday 9.00am to 12.30pm.

 

Our response:

Re: PRIVATE AND CONFIDENTIAL

Thursday, 19 November, 2015 11:13

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From: 

xx@yahoo.co.uk>

To: 

xx@alphera.co.uk” <xx@alphera.co.uk>

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Dear xx

Thank you for your email.  I had a very rushed message from somebody yesterday in which the phone number given was spoken so quickly and by the callers own admission was wrong and I had no idea who it was so I am guessing that was you?

I will get the required authority for you

 

We then sent the requested authority to add this email address to the file.  At this point we also informed the company that we would be withholding all further payments until this matter was resolved.  The next reply we got was:

PRIVATE AND CONFIDENTIAL

Thursday, 19 November, 2015 18:30

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From: 

“xxx@alphera.co.uk” <xxx@alphera.co.uk>

To: 

xxx@yahoo.co.uk

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Agreement Number: xxx

Registration Number: ****

 

 

Dear xx

 

Thank you for the email dated 17 November 2015 regarding the issue with the vehicle being registered to the company. We have now received confirmation in writing that we may provide a response to this email address.

 

The terms and conditions of the finance agreement Mr xx signed and agreed is to keep the V5 registration document in his name and the vehicle must be kept in his possession. We were unaware that the V5 was not in his name until we contacted the DVLA to find out who is the registered keeper of the vehicle.

 

A Default Notice was issued on 10 November 2015 which gives him 20 days for him to provide a copy of the V5 in his name in line with the agreed terms and conditions. The Default Notice also gives him detail on his options, sources of free advice and the action we will take if he does not comply with the notice. The expiry date of this notice is 30 November 2015.

 

Should you have any further queries please call us on 0370 5050 125, selecting option 5, then 2. Our opening hours are Monday to Friday 8.30am to 6.30pm and Saturday 9.00am to 12.30pm.

 

To which we responded:

Re: PRIVATE AND CONFIDENTIAL

Thursday, 19 November, 2015 18:57

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From: 

xx@yahoo.co.uk>

To: 

“xx@alphera.co.uk” <xx@alphera.co.uk>

Cc: 

xx@bmw.co.uk xx@bmwfin.com xx@bmw.com

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Dear xx

Thank you for your email.

Can you please send me a copy of the paperwork that states what you claim as the copies that I have, which are the forms sent to us by Credit Plus, do not refer to this anywhere that I can see.

I enclose herewith an email that was sent by us to all parties at the time of purchase which clearly states the circumstances in which the vehicle was being obtained.  No party raised any issue in respect of this as it was what was agreed at the time.

xx is a 25% shareholder and director of xx, which is the name on the V5 and, I reiterate my previous point that the V5 is not proof of ownership.

As you will note, your MD has been CC’d in on this email

I await your further comment

 

We then received this email from yet another different person:

PRIVATE AND CONFIDENTIAL

Monday, 23 November, 2015 15:23

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From: 

“xx@bmwfin.com” <xx@bmwfin.com>

To: 

xx@yahoo.co.uk

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Agreement Number: xxx

Registration Number: ****

 

 

 

Dear xx

 

Thank you for your email.  I have attached a copy of your terms and conditions and would ask that you refer to section 4(e).

 

With regards to the document that you attached to your email, we will investigate this further and come back to you as soon as possible.

 

If you require any further information please call us on 0370 5050 125, selecting option 5, then option 2. Our opening hours are Monday to Friday 8.30am to 6.30pm and Saturday 9.00am to 12.30pm.

Our response:

Re: PRIVATE AND CONFIDENTIAL

Monday, 23 November, 2015 15:48

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From: 

xx@yahoo.co.uk>

To: 

“xx@bmwfin.com” <xx@bmwfin.com>

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Dear xxx

Thank you for your email and the enclosures.  As previously stated, xx is a director and shareholder of xx Ltd so, technically, with the vehicle being registered in the name of the company, which was all agreed at day one with the broker, the vehicle is still under his care and control

We then received a letter from someone who was looking into the matter for us – yet another different person – we called that person and outlined, again, the issue we had and the person asked us to send an authority for them to speak to Lookers the seller of the vehicle.  We provided this straight away as follows:

xxxx

Monday, 30 November, 2015 14:09

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From: 

xx@yahoo.co.uk>

To: 

xx@alphera.co.uk

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Dear xx

Please find enclosed the signed letter of authority to allow you to discuss this matter with Lookers

We then had another letter to which we replied by telephone.  This letter accused us of not responding to the default notice.  The next email from the company, yet another different person (!!) reads as follows (this is as we received it):

Private And Confidential

Monday, 14 December, 2015 16:30

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From: 

“xx@alphera.co.uk” <xx@alphera.co.uk>

To: 

xx@yahoo.co.uk

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Agreement Number: xxx

Registration Number: XXXX

 

Dear xx

 

Thank you for your recent email and your comments have been noted.

 

We sent you the following email on 23rd October 2015 and 19th November 2015 advising xx of the Breach Of the Terms and Conditions. This still remains outstanding along with 1 month arrears 2 weeks after the default has expired.

 

Dear xx,

 

Further to our conversation, the terms and conditions of your finance agreement require you to keep the V5 registration document in your name and to insure the vehicle.

 

You will shortly be issued with a Default Notice which will allow 20 days for you to provide a copy of the V5 in your name and a copy of your insurance certificate. The Default Notice will also detail your options, sources of free advice and the action we will take if you do not comply with the notice.

 

Dear xx

 

Thank you for the email dated 17 November 2015 regarding the issue with the vehicle being registered to the company. We have now received confirmation in writing that we may provide a response to this email address.

 

The terms and conditions of the finance agreement xx signed and agreed is to keep the V5 registration document in his name and the vehicle must be kept in his possession. We were unaware that the V5 was not in his name until we contacted the DVLA to find out who is the registered keeper of the vehicle.

 

A Default Notice was issued on 10 November 2015 which gives him 20 days for him to pay the arrears and provide a copy of the V5 in his name in line with the agreed terms and conditions. The Default Notice also gives him detail on his options, sources of free advice and the action we will take if he does not comply with the notice. The expiry date of this notice is 30 November 2015.

 

Agreement Number: xx

Registration Number: XXXX

 

Dear xx

 

Thank you for your recent email and your comments have been noted.

 

We sent you the following email on 23rd October 2015 and 19th November 2015 advising xx of the Breach Of the Terms and Conditions. This still remains outstanding along with 1 month arrears 2 weeks after the default has expired.

 

Dear xx,

 

Further to our conversation, the terms and conditions of your finance agreement require you to keep the V5 registration document in your name and to insure the vehicle.

 

You will shortly be issued with a Default Notice which will allow 20 days for you to provide a copy of the V5 in your name and a copy of your insurance certificate. The Default Notice will also detail your options, sources of free advice and the action we will take if you do not comply with the notice.

 

Dear xx

 

Thank you for the email dated 17 November 2015 regarding the issue with the vehicle being registered to the company. We have now received confirmation in writing that we may provide a response to this email address.

 

The terms and conditions of the finance agreement xx signed and agreed is to keep the V5 registration document in his name and the vehicle must be kept in his possession. We were unaware that the V5 was not in his name until we contacted the DVLA to find out who is the registered keeper of the vehicle.

 

A Default Notice was issued on 10 November 2015 which gives him 20 days for him to pay the arrears and provide a copy of the V5 in his name in line with the agreed terms and conditions. The Default Notice also gives him detail on his options, sources of free advice and the action we will take if he does not comply with the notice. The expiry date of this notice is 30 November 2015.

 

Can you please advise us that you have now applied to put the V5 into xx name and when the arrears will be cleared given that an additional payment falls due on the 24th December 2015 so we can bring this matter to a conclusion.

Our response (patience is wearing thin by this time):

Re: Private And Confidential – 2003612

Monday, 14 December, 2015 18:28

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From: 

xx@yahoo.co.uk>

To: 

xx@alphera.co.uk” xx@alphera.co.uk>

Cc: 

xx@alphera.com xx@bmwfin.com xx@bmw.co.uk

Bcc: 

xxx

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Dear xx

Thank you for your email which appears to contain the same content twice.

You have totally missed the point that I was making, insofar as the letter received from an unnamed person, which I further note is also undated, clearly states that we have not responded to the Default Notice.  This is completely slanderous as you have received numerous exchanges by both telephone and email.  I enclose a further copy of this letter as, being undated, and from nobody in particular, I doubt that you will easily find it on your system.

I also enclose the letter received from xxx which clearly states that our complaint is under investigation and we will be informed when investigations are complete.  To date, we have received nothing to suggest that investigations are complete so, this matter is still under dispute.

It would appear that this matter is being dealt with by too many different people in too many departments and your communication would appear to be extremely poor – rather a case of the left hand not knowing what the right hand is doing.

Would you please now re-read the email that I sent, yesterday, to your Managing Director, Mr xx, and cc’d to xx@bmwfin.com and respond properly as the phrase “your comments are noted” is totally meaningless and unacceptable.

We would appreciate a proper response as requested in the aforementioned email of yesterday.

The day before the above exchange, we wrote to the UK MD of BMW as we were becoming totally frustrated by this whole situation.  The email we sent was as follows:

Very Poor Customer Service – Agreement xxx

Sunday, 13 December, 2015 20:00

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From: 

xx@yahoo.co.uk>

To: 

xx@bmw.co.uk

Cc: 

xx@bmwfin.com

Bcc: 

xx

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Dear xx

I am very sorry to be contacting you, directly, however we feel the need to as we have suffered from nothing more than shoddy treatment by various members of your staff.

We wished to purchase a new Range Rover back in May 2014 as a replacement for our existing one which we had had for four years under finance with another organisation.  We approached Credit Plus and, subsequently, found the ideal vehicle at Lookers in Bishops Stortford (we have been longstanding customers of Lookers in Bristol so this seemed ideal).  We were advised by Credit Plus that finance was not available to our company, xx Ltd, so to put it through in the personal name of one of our directors (who is also a shareholder) (which is exactly what we had done with the previous vehicle) so, our director, xx was the name on the finance agreement.  We were told, at the time, that the vehicle would have to be registered to xx but we could then change it to the company, not an issue and this is exactly what we had done with the previous vehicle.

Now, some 18 months later, we have been hounded by members of your company stating that we are in breach of the agreement and causing untold unnecessary stress as we should not have changed the name on the registration etc etc.  This was all agreed from day one so it is most bizarre that it has been raised as an issue all these months later.

We received the enclosed letter yesterday which, I have to say, is virtually the final straw.  The letter is from some nameless person and contains totally incorrect information and also incorrect spelling.  It is nothing more than shoddy.  Since we were approached about the apparent issue some weeks ago, there has been numerous exchanges of conversation by both telephone and email (much of which you have been cc’d upon).

If this is the attitude of your organisation – feel free to collect the vehicle at your cost and agree that we are at an impasse which cannot be resolved so we request that this is done with no further payment due from us and no negativity on our director, xx, credit rating.  Quite honestly, we were rather pleased when it was apparent that the finance was provided by BMW as a recognised and so we thought, very reputable, organisation but unfortunately this opinion is now tarnished and we would rather not do any further business with you.  Alternatively, you can request that this hounding of us desists and we continue as we are.

If this matter is not resolved suitably, within 72 hours – so by close of business on Wednesday 16 December – we will have little option but to make this situation very public, a situation which I suspect you would rather avoid.

I look forward to hearing from you

 

Thereafter we heard nothing, apart from receiving a phone call, one Thursday, from someone at Credit Plus who informed us that they had potentially found a way forward, needed to talk to Alphera and would “call back on Tuesday” – I suppose that our error here was not to ask which Tuesday as nothing more was heard from them…………..

As we heard nothing further (apart from standard annual statements) and the matter was an unresolved complaint we then approached the Ombudsman to try to bring to conclusion.  This was in April of 2016 – I will not extend this document by enclosing every exchange with the Ombudsman, merely including their final response within the chronology.

In July of 2016, the director whose name the agreement was in, wanted to change his personal car.  Imagine the disgust and dismay when it was discovered that there was an adverse entry on his personal credit file in relation to this agreement, despite it being under dispute so no such action should have been taken.  So, again we took up matters with BMW.  Many, many exchanges with BMW ensued, and we were heartened when a new MD took up the mantle.  We had some very positive responses directly from him and, eventually, the adverse entry was removed and our director was able to purchase his new vehicle – ironically a Range Rover, financed by Alphera!!!!  Alphera did, however, insist that he signed a document to state that he was the registered owner, keeper and insurer of the vehicle which he duly did.

Sometime during the period from April to July, we did receive a call from Credit Plus – ironically it was on a Tuesday – had a conversation with the guy who promised to sort this matter out – had another call from him a week or so later with nothing resolved and then never heard from them again!

Also during this period, we made a suggestion to BMW (having found someone sensible (the MD) to deal with), and included this with our submission to the Ombudsman, that the agreement should be cancelled, the vehicle returned and that we merely paid for “fair use” to which we applied the HMRC mileage rate etc.  This would have resulted in BMW having the asset (which remains in excellent condition and with low mileage) back and us being reimbursed the difference between physical payments made and our calculation of fair use of the vehicle so that we could get another vehicle without the hassle that this was causing as, with all the trouble, caused by BMW / Alphera relationships between the family (all directors and shareholders) were becoming fraught, to say the least, and one of the directors had been made ill by the stress of it all.  This was also taking up far too much time to deal with, so other business matters were not being able to be dealt with in the same timely manner as they had been previously.

The Ombudsman upheld the complaint and issued decision accordingly towards the middle of September 2016 – rather than post the whole report, please follow the link to it – http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=128664

This said, we could not agree to the order made as it would leave us in a disadvantaged position – i.e. with no vehicle.

BMW / Alphera then sent us the following email:

Mr xxxxx

xx@bmwfin.com

xx@mail.com

Nov 29, 2016 4:24:32 PM

Dear xx

I hope you are well. Following correspondence between yourself and xxx I have continued to monitor the progress of your complaint with the Financial Ombudsman Service. We received the provisional ruling from the Ombudsman on 09 August 2016 allowing both yourself and Alphera Financial Services 30 days to make any further points or provide any further information. Subsequently, the Ombudsman issued their final ruling on 22 September 2016. A copy is attached for ease of reference. As per the ruling, you were required to confirm whether or not you accept or reject the decision before 24 October 2016. As the Ombudsman has not heard from you within this time the decision has been treated as being rejected. We haven’t received payments against this agreement since December 2015 and as you haven’t accepted the Ombudsman’s decision we will have to begin collections activity to recover our vehicle. This means that a default notice will be issued and could adversely affect xx credit file should it not be remedied. If you would like to accept the decision made by the Financial Ombudsman please let me know so that I can make arrangements for this to be processed. If we do not hear from you, our collections department will make contact to discuss the collections process. If you have any questions or would like to discuss further please do not hesitate to contact me.

Our response:

Re: xxxxx

  • 12/5/16 at 8:33 PM More Information

From:xxx

To:xx@bmwfin.com

 

Dear xx

 

Thank you for your email.  Unfortunately, it went into my “spam” box so I have only just seen it.  Mr xx is away on holiday at the moment, returning late on December 11th so I will speak with him on his return and let you know his final decision as soon as possible thereafter.  We did respond to the ombudsman, asking for a further 7 days as we were awaiting advice, however they deemed this to be a non response

 

I will revert to you as soon as I can after Mr xx returns from his holiday

 

And our further response:

 

Re: xxxxx

  • 12/17/16 at 9:58 AM More Information

From:

xxxx

  • To:

xxxx@bmwfin.com

  • Cc:

xxxx@bmwfin.com

DOC xxx21.7.16  XLS xxxx

 

WITHOUT PREJUDICE

 

Dear xxx

 

We have now discussed this and, we accept certain aspects of the Ombudsman’s report, insofar as the fact that the matter was very transparent from the outset, but had any party disagreed with any of our requirements, we would not have entered into the agreement.  We therefore believe, as intimated by the Ombudsman, that we were missold the finance agreement.

 

The fact that your representative (Credit Plus) actually recommended this method of acquiring the vehicle confirms your initial agreement.  All parties – Lookers, Credit Plus and yourselves – had ample opportunity to discuss, and / or reject our terms of engagement, but this did not happen until some 18 months into the contract when we received the random call from one of your staff which started this whole issue.  Had we not received this call, especially in the dictatorial manner in which it was made, and subsequent correspondence accusing us of not responding, and causing great distress (particularly to Mrs xxx) this whole debarcle would never have arisen and we would not have had to take the actions that we did to attempt to reach conclusion.

 

The Ombudsman stated that we should be left in the position that we were at in the beginning, however, the decision does not fully reflect this as, if you have the vehicle back then we will be without a vehicle which is not the position we were in at the beginning – we had another Range Rover Sport.  We appreciate that the decision states that we should be refunded the deposit and be paid £1,000 in compensation but this does not put us back to where we were.  In simple terms, we will have no car and will have paid out several thousand pounds for nothing.  I enclose the calculation which I sent to the Ombudsman during the many discussions which shows the position, and the suggestion that the agreement was cancelled and we merely paid for fair use of the car, which I calculated using the HMRC fixed profit car scheme rates.  The car remains in excellent condition.  Furthermore, you have financed another vehicle for Mr xx recently, and your representative asked him to sign a declaration confirming that the vehicle would remain in his name and be insured by him – I enclose a copy of this in the event that you were not aware of it.

 

During discussions, you made the suggestion of changing the agreement into a different name but, this was the whole point of the exercise at the beginning, finance was not available to the company xxx Ltd.  We did make the suggestion during discussions of possibly changing the agreement into the name of my company, xxx Ltd but the Ombudsman did not know if this was possible so could not order this.

 

We would still like to work with you to find a mutually convenient outcome to this that allows us to either continue with some sort of agreement and keep the car or be reimbursed as per our suggestion in the enclosed calculation so that we can obtain another vehicle so we are willing to discuss any other options you may have.

 

We then heard nothing further until 21 February 2017 when the director, whose name the agreement is in received a telephone call from an organisation trying to make arrangements to recover the vehicle.  He entered into no discussion with them and then we called them back to inform them that the account was in dispute.  The agent duly informed us that he would cancel the collection and revert back to Alphera / BMW.  We then contacted Alphera / BMW who maintained that they had sent us a letter and and an email – neither of which we had received.  As we pointed out, we have ALWAYS responded to any correspondence be it good, bad or indifferent.  A thought then occurred so we asked the question – to which address did the letter go to?  Surprise surprise they sent the letter to the address that the director moved from in August 2014.  They further maintained that this was the only address they had to which they were very soon told not to be so ridiculous as they had been informed of two changes of address and, indeed, had written to both addresses!!  This was also covered in the emails we sent to the MD during that same afternoon:

 

Fw: Re: xxx

  • 2/21/17 at 5:12 PM More Information

From:

xxx

  • To:

xxx@bmwfin.com  xxx@bmwfin.com

 

Hi xx

 

Further to the below, I have just spoken with xx – apparently we were sent a letter (default notice) and an email on 9 January.  We have received neither – as I said to her, whether correspondence has been right, wrong or indifferent, we have always responded as you can see from the file so why would we suddenly stop responding now??  xx double checked the correspondence address and told me that the latest address on your files is xxxx……………………………….I am now fuming as xxx moved from this address the best part of three years ago and you have had 2 different addresses since then and, indeed, have managed to send letters to both.  No wonder this debarcle continues

 

Your input and thoughts please!

 

 

Sent: Tuesday, February 21, 2017 at 4:33 PM
From: xx@mail.com>
To: xx@bmwfin.com
Subject: Fw: Re: xx

Dear xx

 

I am sorry to have to contact you again but this situation continues.

 

My father-in-law, xx, received a random telephone call earlier this afternoon, from some person stating that they needed to come and collect a vehicle.  Unfortunately, he was busy at the time, they caught him on the hop and he didn’t get a name of the caller or the name of the company.  He gave me the number – xx – so I called them back and it sounded like “Anglio Vehicle Recovery” but there was no answer.  Eventually there was an answerphone so I left a message for someone to call me.

 

I have then tried to get through to xx as the last communication we had was the standard “thank you for contacting customer services” acknowledgement to my below email.  Neither I, nor xx, has had any communication since then in respect of this matter by email, in writing or telephone call.  This call this afternoon has alarmed xxx greatly who already suffers from stress and anxiety over this matter as we have highlighted throughout which is why I have been dealing with it on his behalf.

 

I eventually managed to get through to xx in your collections department – both xx and xx (who dealt with the original complaint, some 18 months ago) were unavailable and xx could not follow what was going on.  xx did keep double checking which car I was talking about.  xx seemed to think that an agreement had been terminated but she did sound rather vague and said that either xx or xx would need to have a look at this and call me.

 

It would seem that there is confusion here as xx has changed his car recently so the agreement for his other Range Rover was indeed terminated (xx) so we are wondering if the caller was referring to that car – you have recently financed another car for him – xx (xx).  Not that any of these vehicles need collecting as xx was traded in for xx!!

 

We have been trying to reach an amicable solution here to this problem and have made a reasonable suggestion as below.  We have had no further correspondence so as far as we are concerned the account is still in dispute and under investigation.

 

We want to resolve this and have, as you know, been trying to do so since November 2015.

 

Are you able to intervene please so that we can reach an amicable way forward

 

 

We then receive a further email from BMW

 

Mr xx

  • 3/1/17 at 11:16 AM More Information

From:

xx@bmwfin.com

 

 

Thank you for taking the time to speak with me on 21 February.

 

I have tried to contact you on 2 occasions since this date and have left messages for you to return my calls, however I have not yet been able to speak with you.

 

To confirm, I have investigated your concerns relating to the default notice and that this was sent to a previous address and therefore not received.

 

As I have been unable to speak with you, I have checked our systems and I can see that address details were recently updated on Mr xx’s latest agreements, so I have updated our records accordingly.

 

Now that we have the most accurate address records I have arranged for a new default notice to be issued in order to be sure that our customer receives this and is given the relevant time to remedy.

 

Should Mr xx not satisfy the default notice we will continue action to recover the vehicle.

 

As per my previous correspondence we put our offer to you and the ombudsman, and the ombudsman issued a ruling that this offer was fair. On this basis it remains unchanged.

 

If you have any questions or would like to discuss further please do not hesitate to contact me.

 

 

To which we responded:

 

Re: xxx

  • 3/1/17 at 4:52 PM More Information

From:

xxx

  • To:

xx@bmwfin.com

  • Cc:

xx@bmwfin.com

 

 

Dear xxx

 

Thank you for your email.

 

I returned far too late to call you back yesterday and then received your email in advance of my planned call to you today.

 

Please confirm which address you now hold for Mr xx.

 

I cannot believe that you refer to his address being “recently updated” – this is no more than incredible.  He moved from xx in August 2014, and then moved again in December 2014.  You were notified of both changes of address, immediately as they occurred and have, indeed, written to him at both addresses so I fail to comprehend how your system can suddenly revert back to an address which is so out of date.

 

This is yet another examply of nothing more than tardiness and we are going to now take this whole story to the media – several publications have already expressed an interest in this story – moving goalposts, shoddy treatment of customers, the untold stress you have caused, etc, the list goes on………….

 

 

The response we received:

 

Mr xx

  • 3/3/17 at 4:54 PM More Information

From:

xx@bmwfin.com

 

 

Thank you for your email.

 

Unfortunately as you do not have authorisation to discuss the most recent agreements I am unable to confirm the address details.

 

The above agreement was terminated and in order for it to continue or for us to issue a new default notice, it had to be reloaded on to our systems. This is done using the original proposal details which explains how it was set up with an old address. I apologise that on this occasion we did not pick up the address change.

 

In order to ensure our customer receives the notice and has sufficient time to remedy this, we have now updated our records and re-issued a default notice. Should you not wish to accept the offers we have proposed or alternatively remedy the default notice, recovery action will continue.

 

If you need anything further please do not hesitate to contact me.

 

 

 

Words fail us and the whole debarcle continues – this email just highlights excuses, further inefficiencies, shoddy behaviour and, it has to be said, sloping shoulders

 

That is the story so far – updates may be added………………………………………….

Update added 13 March 2017………………..

A further default notice was sent to the correct address dated 1 March, showing the correct amounts outstanding etc.  Imagine our delight when this was superceded by a further letter dated 7 March showing the final balance outstanding balance due at just over £4,800 – at last we thought, common sense has been applied!  We replied to this letter by email as follows:

XXXXXXX – XXXXXXXX
  • 3/9/17 at 4:52 PM More Information
    To:
    xxxxxx@alphera.co.uk
    From:
    xxxxx
FAO xxxxx
Dear xxxxx
Thank you for your letter of 7 March detailing the final balance on the account of £4,832.97
Would it be possible please to reach agreement to pay this off over a period of 8 months at £605 per month, the first payment being paid by the end of April and then monthly thereafter as I am not in a position to pay this as a lump sum right at this moment – it may well be that I can increase payments and clear it sooner than the expiry of 8 months but I do not want to make a promise that I cannot keep!
I trust that this will be acceptable to you and that, once this is paid, there will be nothing more to pay and the vehicle will be legally mine.  Please confirm this for me.

And today we received their response………..

xxxxxx – xxxxxxx
  • 3/13/17 at 1:48 PM More Information
    From:
    xxxxxx@bmwfin.com
PDF Default Notice

Dear xxxx

 

Thank you for your email dated 10 March 2017 – Due to the complaint registered against this agreement it has been passed to me to respond.

 

As per my latest correspondence to xxxx on 03 March 2017, the above agreement is no longer active and the letter you have received dated 7 March can be disregarded.

 

Please see attached default notice sent on 01 March 2017. This confirms the up to date balance details. Should this default notice not be remedied, recovery action will continue.

 ABSOLUTELY INCREDIBLE – AFTER ALL THIS RIDICULOUS NONSENSE YET ANOTHER “MISTAKE” AND IF WE WERE GAMBLERS OUR MONEY SAYS THAT THIS WOULD BE PUT DOWN TO YET ANOTHER “SYSTEM ERROR” HOW CAN AN ORGANISATION SUCH AS THIS NOT BE ACCOUNTABLE FOR WHAT AMOUNTS TO NOTHING MORE THAN STUPIDITY TIME AND TIME AGAIN?  HOW CAN THE AGREEMENT BE NO LONGER ACTIVE WHEN THE COMPLAINT IS STILL LIVE AND WE HAVE NOT YET RESPONDED TO THE DEFAULT NOTICE……………………….