Voluntary Termination advice

[R0b]

Re: Voluntary Termination advice

Sounds like a good idea, but what will happen after the week if they don't turn up to collect? You will need to make sure to spell it out to them that they will need to arrange for their own insurance cover, just so there is no misunderstanding!

You've given them a reasonable amount of time and being even more reasonable by storing it for a further week so if they don't do anything then it's their own fault. Just be clear and spell everything out to them, perhaps mark the email subject line as urgent too.

[Leetommy14]

Re: Voluntary Termination advice

Okeedoke, glad to hear that's all above board! Just the nerve wracking part where I wait for them to decide to wrack up fees for me to contest now!

Thanks again Rob

[Leetommy14]

Re: Voluntary Termination advice

Does this sound OK [MENTION=71570]R0b[/MENTION] ?

Dear Mr Smith,*


Following on from my previous email sent on the 20th of September. I have allowed seven days and have yet to receive a response regarding the collection of the vehicle.*


I am contacting you to inform you that as of today I will be terminating the insurance for the car. I am not obliged to keep the car insured as the agreement was cancelled with immediate effect when I sent you my original correspondence. I am willing to store the car in a locked garage for a further seven days to allow you sufficient time to arrange collection without risk of damage that may arise from it being on a public road. After this time the car will moved from the property where it will be stored and the V5 sent to the DVLA to inform them of the change of ownership.*


Please also note that since the agreement has been cancelled, my direct debit is no longer in place. I don't expect a payment to be attempted to be taken.*


I look forward to hearing back from you.*


Kind regards


What do you think? Bases covered?

[R0b]

Re: Voluntary Termination advice

I would suggest removing the last line about direct debit, no need to mention if it is already cancelled.

Ordinarily I would allow 14 days with the car taxed and insured before threatening to cancel it though if you are prepared to keep it on private land in a garage for a further 7 days then I would think that is sufficient.

The only thing I would add is for them to contact you to arrange collection i.e.

'Unless I hear back from you before X date to arrange a suitable time to collect the car, I will remove it from storage and park it on a public road outside my address. I will not be responsible for any liability incurred as a result of the vehicle being clamped, removed, damaged or otherwise due to the car having no valid tax or insurance, since you have been given 14 days (which I consider a reasonably sufficient period of time) to arrange collection and you failed to do so.'

[Leetommy14]

Re: Voluntary Termination advice

The only reason I need to cancel it is I'm purchasing another vehicle this evening and need to transfer to insurance to the new one.

Great advice as ever, I'll get that amended and sent! If you're ever in Sheffield I need to buy you a pint!

[R0b]

Re: Voluntary Termination advice

Its unlikely to happen these days, but I may hold you to it

[Leetommy14]

Re: Voluntary Termination advice

Hi again [MENTION=71570]R0b[/MENTION]

I contacted the finance company last Friday as I'd still heard nothing back regarding a pick up. He assured me I would be contacted on Monday, which hasn't happened. I have written an email and was hoping you wouldn't mind giving it a once over? As follows -

Dear Mr Smith,


Following on from our previous correspondence, I am writing to inform you that I will be removing the vehicle from storage and moving it to a public road. The vehicle will be available for you to arrange collection from (address). You can call me on (mobile) to arrange a date and time.*


As a courtesy I kept the vehicle in a secure garage for a period of 14 days after the termination of my agreement. After receiving no communication with regards to a pick up, I contacted you to confirm a date. I was assured a call back on the 2nd of October. This did not happen, we are now on the 5th, still with no contact from yourselves.*


I will be sending the V5 to the DVLA today to inform them of the change of ownership as I am no longer willing to accept any liability for a vehicle that I do not own. All liability for any damages incurred from the vehicle being on a public road will now be with yourselves.*


I look forward to hearing from you and getting this matter resolved in a timely manner.*


Regards*

I added the points on the previous call and promise of a pick up date so as to make a record of it as this was in a phone call. Not strictly required for the letter, but I figured if they don't dispute this in a reply I can hold some weight if I need it in future.

What do you think?

Cheers again

[R0b]

Re: Voluntary Termination advice

Looks fine to me as a whole.

You might want to consider including the length of time between termination of the agreement today's date e.g. You terminated the agreement on X and, X days later, the vehicle still remains in my possession. This is despite the fact that I have made several attempts to contact you and arrange a time to remove the vehicle ... This position is no longer tenable as I have now obtained another vehicle which is being prevented from being securely stored as a result of your failure to collect the vehicle.

I'd also say that you will notify the DVLA that they are the registered keeper. Personally I wouldn't send it off by post there can be issues with that being lost. You can do it online instead by going to https://www.gov.uk/sold-bought-vehicle

It is a good idea to include what was said onthe call and you are right, if they don't dispute now it will add some weight at a later date to show that you have been reasonable throughout and it is the lender that has lacked the communication and failed to collect its own car despite giving assurances that a call would be made on 2 October.

[Leetommy14]

Re: Voluntary Termination advice

Excellent, I'll get than done today. I'll let you know what excuse they come up with for not bothering to do a single thing!

[Leetommy14]

Re: Voluntary Termination advice

Hello [MENTION=71570]R0b[/MENTION]

I sent that email Sunday, still no reply. I have, however, received letters about being in arrears demanding payments. I'm of course going to call the credit control team, but do you think it would be wise to send the agent I'm dealing with another email to express my dissatisfaction? Possibly even a formal complaint? He assured me on a phone call that no direct debit would be taken.

Cheers

Lee

[Leetommy14]

Re: Voluntary Termination advice

Hi again [MENTION=71570]R0b[/MENTION]

I hope you don't mind me pestering you for advice again. I can understand if you don't want to assist any further! If you're willing though, I was hoping you might offer some advice. The inspectors came this morning. Very professional and independent, so no issues with them. I have, however, got issues with the fees, which I was expecting. If it's ok with you I'm just going to list them and offer my counter arguments to see if you agree..

Corrosion (bubbling paint) on two alloys - £55 each.
Already present when purchasing and a well documented issue with BMW alloys. Cannot be held responsible if already present, and additionally would this fall under wear and tear?
Two of back seats soiled, valet required - £55 each (!)
Isn't this subjective? And even if not, a full car valet can be done for approximately £50, not £55 per seat
Missing key - £141.75
Only one key was provided at point of sale
Cut in wheel wall - £136.73
Again, I'm not sure how they can judge the severity of this, but even if accurate, the purchase and fitting of one standard tyre (not run flat) doesn't even come close. You can purchase basics from Halfords (which is what are currently on the vehicle) for a little over £40.
Missing service stamp - £170
The service book has a stamp missing, however I have the receipts showing a service was performed, with date and milage on. Can I be charged £170 for a company forgetting to stamp the boom? Even with this aside, the dash shows 450 miles before a service is due, so how can I be liable for that amount of money? The car itself is showing that a service isn't due yet, proof enough that I have taken reasonable care?

There are two larger scratches which I was expecting a fee for. I think they're over priced. These total £113. For a six year old car I will probably attempt to argue these as fair wear and tear. These are, however, the only fees that I think would be fair of them to attempt to claim. The rest are just laughable!

Total - £771.52

To summarise, nearly every one of these charges, in my eyes at least, is ridiculous. Where do you think I stand on disagreeing with these, and how should I go about it? I should add that I refused to sign the report.

I really appreciate your help Rob, and if necessary I am willing to pay for your assistance!

Many thanks in advance

Lee

[ostell]

Re: Voluntary Termination advice

So tell them all the items that were damaged/missing when the vehicle was purchased (could they prove otherwise) and you cannot be held liable for improvements to thos conditions.

[Phaeton]

Re: Voluntary Termination advice

Missing service stamp - £170
The service book has a stamp missing, however I have the receipts showing a service was performed, with date and milage on. Can I be charged £170 for a company forgetting to stamp the boom? Even with this aside, the dash shows 450 miles before a service is due, so how can I be liable for that amount of money? The car itself is showing that a service isn't due yet, proof enough that I have taken reasonable care?

Can you not take the paperwork to the garage that did the service & ask them to stamp the book?

[Leetommy14]

Re: Voluntary Termination advice

Thanks for the replies guys. Yes, I definitely could ring the garage and see if they can help.

I knew they were going to try to scrape some fees off me, but was amazed at what they came up with!

[R0b]

Re: Voluntary Termination advice

Responses in red below

Corrosion (bubbling paint) on two alloys - £55 each.
If these are well documented and you have evidence of this then that could be sufficient. Yes you can't be held responsible for something not in your possession - up to them to prove otherwise.

Two of back seats soiled, valet required - £55 each (!)
Quite pricey, I'd question why they are charging individually for each alleged soiling and which seems to be on the high side. Depending on how bad, may come within reasonable wear and tear.

Missing key - £141.75
up to them to prove that you received two keys, do you have any documentation when you collected that the car included one key?

Cut in wheel wall - £136.73
You only need to ensure the car is put in a reasonable condition, so if a compatible tyre less than the cost of this is available, then they should base it on that cost. The courts expect them to mitigate their costs, not increase it.

Missing service stamp - £170
As already suggested, contact the garage to see if you can get something in writing to show it was serviced, though if you have proof already then that should be sufficient to rebut any argument. Again, the onus is on them to prove the car by reason of a missing service meant you were negligent in taking reasonable care of the care. Personally I don't think a missing service means you were negligent, if there was at least some service history e.g. you had it serviced bar for one year.

If you compare your fees/charges against the Cap HPI Conditions in the guide, it would seem on the face of it your car being 6 years old would fall into the average category. Also note the point on there about replacement tyres.