Urgent help needed!!! Terminating a HP agreement

[Guest]

Hi, I know this has been mention several times but I don't seem to be able to find the answer to my question.
A few days ago I sent a letter to voluntary terminate a HP agreement with car finance. I gave them the 14 days noticed it is required but have not heard from them.
I sent it recorded delivery.
The thing is the 14 days come to an end on the 28th of this month.the MOT is due the 9th May, insurance will be due to renew the 11th May...
I don't want to have to pay for this things...specially the insurance as I will then have to pay a penalty fee for cancelling.
Am i responsible for these one the agreement is ended?
I still have the car parked outside my house and have not driven it since I sent the letter.
Can someone help?
Many thanks!!

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

Did you send the letter recorded ?

If so you need to remind them that the agreement is now terminated and you will be making no further payments, also that you are no longer responsible for the safe keeping of their vehicle.

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

HI Andy!
Yes I sent it recorded. They have however not acknowledged it. I used the template I found here.
So you are saying I give them a call and let them know I am not responsible for the car from the 28th onwards?
I have never defaulted and have now cancelled my direct debits to them as the next one wont be due until the middle of May which by them the contract has ended?
The car is totally leagl at the moment but it wont be at the begining of May. If they still have not collected the car or asked me to return it somewhere local...do I have to pay for an MOT, tax disc and still keep paying for the insurance?
What if they deny having received the letter?
Thanks again!!

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

HI Andy!
Yes I sent it recorded. They have however not acknowledged it. I used the template I found here.
So you are saying I give them a call and let them know I am not responsible for the car from the 28th onwards?
I have never defaulted and have now cancelled my direct debits to them as the next one wont be due until the middle of May which by them the contract has ended?
The car is totally leagl at the moment but it wont be at the begining of May. If they still have not collected the car or asked me to return it somewhere local...do I have to pay for an MOT, tax disc and still keep paying for the insurance?
What if they deny having received the letter?
Thanks again!!

You should have a tracking reference

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

i do and it has been delivered. But how about the other issues....Do I have to pay for all those things until I no longer have the car? or I don't have to as the contract will end on the 28th April 2014?
I foolishly thought this would have been sorted out by now and now I am worried.

Many thanks again

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

The normal rules will apply as long as you are the registered keeper of the car. If there is any added expense then they should be made aware that they will be getting billed, I usually recommend you mention that there will be an additional storage charge of a bout £20 per day, do they have an e-mail address ? it can speed matters up as the postal service is so so and it also provides a record.

They rarely make this easy, have a look on the VT thread on here there has been a similar case just recently.

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

Thanks Andy! I will give them a call this evening and will also email them saying what you just said. One more question? I expect I will still have the car after the 28th. I will have to keep it legal and charge them accordingly. How likely are they to pay me back for those added charges?
I will still be owing them some money as I have not paid the half mark yet. Maybe I can request they take that off the remaining amount I owe them? Do I have the right to do so?
This money I owe them will become an unsecure debt so I will have to arrange small payments at a later date as only one income (hubby had a stroke hence not being able to keep up the repayments and doing a VT)
Many thanks again!!!
I will follow the other thread too. Thanks

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

Thanks Andy! I will give them a call this evening and will also email them saying what you just said. One more question? I expect I will still have the car after the 28th. I will have to keep it legal and charge them accordingly. How likely are they to pay me back for those added charges?
I will still be owing them some money as I have not paid the half mark yet. Maybe I can request they take that off the remaining amount I owe them? Do I have the right to do so?
This money I owe them will become an unsecure debt so I will have to arrange small payments at a later date as only one income (hubby had a stroke hence not being able to keep up the repayments and doing a VT)
Many thanks again!!!
I will follow the other thread too. Thanks

You will need to alter your mindset I am afraid, you will have to tell them what you are going to do, not ask(having a blunt day today, apologies).

You will be deduction any costs from the sum calculated under section 100 of the act. Remember this a statutory right you are exercising , it is not up to them to decide if they act or not.

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

Fantastic Andy! Thank you for your help!! will keep you and all updated!!

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

ok, A question has been asked to me....I sent the letter on the 14th April giving 14 days notice which will bring us to the 28th. However Easter was in the middle....does the 28th still count as the end of contract? Also I know the letter was delivered on the 16th April so they have had time to acknowledge it but as you know, they haven't?

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

ok, A question has been asked to me....I sent the letter on the 14th April giving 14 days notice which will bring us to the 28th. However Easter was in the middle....does the 28th still count as the end of contract? Also I know the letter was delivered on the 16th April so they have had time to acknowledge it but as you know, they haven't?

There is always a degree of horse trading, who asked the question ? The point is that the last payment on the account has been made and the agreement is terminated, so all we are talking about is the collection of the vehicle, if they are saying that they need a couple of more days in order to arrange collection, it is probably fair enough, but the agreement will be terminated after your notice period.

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

OK, So i have received a letter from them this morning acknowledging my letter of VT. They are saying that I am liable to pay the following:

1)cost of repairs if any
2) Missing V5 logbook £100
3) No current MOT £75
4) Non runner transportation cost £115
5) all monies due to bring account to half the total the ammount

They are also saying someone will come and inspect and collect the car. This is fine. But they are now saying they will start proceedings within 7 days of the date of the letter. That brings us to the 30th April. Tax disc rounds out then. MOT is due on the 6th or 9th May, cannot remember now exactly.
So again I guess my question is. Am I really liable to pay £75 for MOT if car has not been collected by the date the MOT is due? INsurance again needs to be renewed the 11th May.
How do I respond to this letter?

Thanks

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

The CCA says reasonable care of goods, this is all that is required of you .
So, the MOT will not be due until after the termination so you are not liable, it would be expected that the vehicle would be running and you will have to evaluate whether the cost of facilitating this exceeds the cost of what they are asking to recover.

It should be noted that none of these charges can halt the termination, all costs are payable after the termination and when the car has gone back, although they will undoubtedly try and tell you otherwise.

I think I wrote a letter on the other thread regarding the liabilities under section 100 and quoted various authorities, not that they do not know already of course, but they usually need to be reminded that you know.

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

Sorry as far as a response goes you say that the agreement will be terminated under section 99 of the Consumer credit act in accordance with my notification received by you on the xx/xx/xxxx.

At this time the will be no requirement for any MOT on the vehicle and the tax will st be upto date, I will not therefore be liable for these under the requirements of section 100.

IF there any legitimate sums due once the termination is complete these will be addressed in due course.

[Guest]

Re: Urgent help needed!!! Terminating a HP agreement

Thank you Andy! I have spoken to them this morning. I was pleasantly surprised I have to say. They said the Tax wont be a problem as the car is going to be towed.
They have given me a number for the people that come and inspect the car and take it so I can phone them directly and arrange a date.
They have also said I will received a letter from another company regarding the monies I still owe to arrange payments. I guess that will be a debt collection agency and I believe the people that come and collect the car are an auction company. They are called Manheim. Any reviews on them?
They suggested taking photos before the come an collect but should not that be done on the day? Also Is that totally necessary id they sign a form saying they are happy and believe the car is in perfect condition (because it really is)?

Many thanks!