What to do with VT paperwork pack sent by RCI

[Natty86]

Hello,

i sent my VT letter last week to RCI who rang and confirmed it’s receipt on v/Mail the day after it was signed for and told me they were sending a pack out. Manheim rang the next day and I have just arranged to have car collected on Monday.

I’ve today received the “pack” which I clearly do not want to sign as I’m within my rights not to and don’t want to sign myself into something I regret but what do I need to do?

Do I send them an email and copy letter stating I am not signing the paperwork and giving them mileage and that I believe car to be in reasonable condition or do I just not reply as car is already being collected on Monday - despite letter saying this wouldn’t happen.

My mileage is well below so my limit by around 9000 so I’m guessing my mileage won’t be important to them.

R0b any advice would be great

[R0b]

Hi Natty,

There is no obligation to sign it and their letter is quite clearly misleading. I would be inclined to respond to them and refuse to sign (if thats you what you want) stating that there is nothing requiring you to continue your obligations now that the agreement has ended. I have an example letter knocking around somewhere but I won't be able to post up until later this evening, if you can wait.

[Natty86]

R0b that would be a great help if you could I’m in 2 minds whether to respond at all as guessing if I don’t respond the car will still be collected since Manheim have arranged the collection but don’t want RCI to claim I owe them a months finance as I haven’t signed their paperwork etc

When Manheim attend I take it I am simply signing their paperwork to confirm they have collected the car?

[R0b]

It's entirely up to you, if you have cancelled your direct debit and they can't take any payment then the onus is on them to take action against you. However, you should be cautious that they could try to force you into paying by recording late payments / defaults on your credit report. As for the letter, I couldn't find the example I previously used but I've knocked up something quick below as an example of what you might say.

Dear Sir or Madam,

Thank you for your letter dated [insert date] confirming your acknowledgement of my notice to terminate the agreement voluntarily. I would, however, like to address some of the points raised in your letter.

Under the sub-heading "What happens next?" you state that I am required to continue my monthly payments until you are in receipt of the signed slip acknowledging all liability in respect of the car. I would like to point out that my right to terminate the agreement is contained in section 99(1) of the Consumer Credit Act 1974 (the "Act"). This right is not only unilateral but also unconditional, and to suggest that this right cannot be exercised until the slip has been returned is not only a misrepresentation of the law but also misleading action contrary to the Consumer Protection from Unfair Trading Regulations 2013.

Since you have acknowledged receipt of my letter, I consider that the agreement is now terminated and I am under no further obligation to maintain any payments nor am legally obliged under the Act to do so. In any event, I do not accept the proposed wording set out in the slip. For these reasons, I am not willing to sign and return the slip back to you.

Your letter also refers my obligation to look after the car until it has been collected, though your letter indicates that this will not take place until after you have received the slip. Given that I will not by signing it, I would be grateful if you could confirm whether your position remains the same. That is to say, that you will not be collecting the vehicle. If that is the case, I must inform you that I am not prepared to take care of the vehicle indefinitely. Now that the agreement has terminated, my responsibility to keep the car taxed and insured is extinguished an such responsibility falls to you as the owner and I have also notified the DVLA that you are the registered keeper.

Nonetheless, I am prepared to keep the vehicle taxed and insured for a further [14/21] days to allow you to make arrangements for collection. If, however, you choose not to collect the vehicle within the time mentioned above, I will have no other choice but to send you a notice under section 12 of the Torts (Interference with goods) Act 1977. The notice enables me to sell the vehicle less any administrative costs and without liability due as a result of you failing to collect the vehicle.

I trust that this action is not necessary and look forward to hearing from you in due course. If you need to contact me to arrange a suitable time to collect the vehicle, then please call me on [number].

Yours faithfully,

Your Name