Not upheld: Motor insurance, claim handling complaint against Creation Consumer Finance Limited

Decision detail

Summary

Miss L complained that personal items she left in a car seized by police were not returned by Creation Consumer Finance Limited. The car was impounded in December 2024 and subsequently moved to a compound. Miss L attempted to retrieve her belongings but was unable to access them at the police impound due to lacking proper documentation, and later missed an email notification about the car's relocation. When the car was sold at auction, Creation's agent reported finding only rubbish in the vehicle with no personal items recorded. The ombudsman upheld Creation's position, finding insufficient evidence that items were lost due to Creation's act or omission, and noted that Creation had already offered £75 compensation for a separate administrative error.

The Ombudsman's reasoning

The ombudsman found that Creation is not responsible under the hire purchase agreement terms for loss or damage to personal items. There is no clear evidence that items were actually left in the car, and Creation's agent found only rubbish upon inspection. Miss L had opportunities to retrieve items (at the police impound and at the compound) but was unable to do so due to lack of documentation and missing email notification. The ombudsman could not establish that items were lost due to an act or omission by Creation. The ombudsman suggested Miss L pursue alternative avenues such as enquiries with the police or her insurance.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website