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Another Voluntary Termination issue

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  • Another Voluntary Termination issue

    Good afternoon, I have been reading many posts on this (& other forums) regarding voluntary Termination, but none seems to address my particular issue. Just need a little advice regarding what monies they can legally pursue me for. (Vehicle has already been collected) Asking for £503.18 which is made up of cost for Value added Products - Admin Fee, Paint protection (applied at time of purchase) & GAP insurance, plus £138.29 for vehicle collection (they're saying I had the choice to return to them & I took the choice to have it collected, so the fee applies) . I only paid 1 direct debit per month & only had '1 agreement' (everything is listed as part of the same contract). Do I have to pay this money? Thank you & happy Christmas.
    Tags: None

  • #2
    I guess I must have done something wrong - posted in the wrong place? as I have no replies.

    Please let me know how to get advice on my issue.

    Comment


    • #3
      Hello

      Collection fees have been discussed all over this forum and the same answer has been given. Short answer is no they can't charge because it imposes additional liability in terms of cost beyond the limited liability under section 100(1).

      As for the GAP insurance, I have argued that the way the agreement is made up doesn't appear to be a separate agreement but a whole single agreement on the premise that there is one single instalment with one single direct debit.

      However, I will admit there is an argument that value added products could be separate agreements (as per their terms) but even if it was, then assuming you only gave notice to terminate the contract, then they had no reason to terminate the contract for the value added products.

      I would suggest you take a look at this thread and particularly the draft example (post #33) which explains the position quite clearly.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #4
        Hi Rob,

        Thank you for your response - Unfortunately I have already paid the GAP insurance as I wasn't 100% sure how I stood legally. I have now paid the value added products also, but will insist I do not owe the collection fee of £138.29 as per the advice given. Thank you for your assistance.
        Last edited by iamcosmo; 19th January 2019, 15:01:PM.

        Comment

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