Voluntary Termination help

[sall1990]

Hi all,

I recently sent away my voluntary termination letter to my finance company, and after sending it by recorded delivery I was unsure if I was supposed to include a signature and date in ink at the bottom - it was typed up, and I thought that my name being in print at the bottom would suffice as a digital signature (signed off yours faithfully, followed by my name). The letter was dated at the top.

I've just received a letter from the finance company today to say that because I haven't signed the letter nor dated it at the bottom, that it won't be accepted. Is this correct?

Unsure if I should reprint, sign, and send away the document again.

Any advice would be appreciated.

Thanks.

[R0b]

Would you mind posting up the letter, redacting your personal information? The short answer to your question is no.

The CCA does not specifically state that the notice must be signed in any particular form, which in this case the finance co. seems to be alleging that there is a requirement for you to provide a wet signature. What they are saying That isn't consistent with the CCA and so if they refuse to accept the terminatio, that could amount to a repudiatory breach on their part.

For namesake, you could reprint and sign and send it off, but you are not legally required to. If the result of re-sending your letter means you incur a further instalment charge then you might want to reconsider your position and maintain that the original notice was sufficient.

[sall1990]

Hi Rob,

Thanks for your reply - I've attached a copy of the letter that was sent to them, with my information being omitted. They also state that because I haven't stated 'voluntary termination' on the letter that I need to specify if it is voluntary termination or surrender - I'm unsure as to why this is because it specifically states both the words terminate/termination clearly throughout document (almost certain I got the template from on this website, with some adjustments due to the T&C's on my contract).

I was planning on phoning them this afternoon once I'm finished work to tell them that a written signature wasn't mentioned as being part of the conditions, and that my termination stands from the date it was received. Just wanted to know where I stood with the whole signature issue.

Thanks

[R0b]

Thanks for that, what I meant was their response to that letter.

P.s.I hope you didn't send the first page off to them as that is for guidance purposes meant for you only! They don't need to see that the guidance notes

Also, your name is at the bottom of the document, I suggest you edit your post and remove the document as I've seen it now, but if you can provide a copy of their reply that would be helpful.

The letter doesn't need to specify that the words voluntary termination, they are simply playing for time. The fact that it refers to Section 99 of the CCA 1974 would be a clear indication that you are exercising your VT right. Section 99 does not apply to voluntary surrender in any way shape or form - cheeky buggers.

As I mentioned in my last post, Section 99(1) is the relevant provision and does not say that it needs to be signed, only requirement is for it to be in writing. If you are going to call them, follow up with an email setting out what was discussed on the call and who you spoke to and at what time - evidential purposes.

[sall1990]

Bugger, I thought I had edited all my information out - I've since removed it, don't sell my details on

No, I only sent the second page, specifically made sure I only printed the second page.

Will upload their reply once I've finished work and am home.

I thought the whole writing voluntary termination on the letter was them trying to play for time, my assumption before this post was that section 99 is specifically indicating your wishes to VT and nowhere did it refer to a VS - thanks for clearing that up.

[sall1990]

Hi Rob,

I've attached a copy of the letter I've received today - It clearly states that the letter I've sent is insufficient because I haven't signed in pen, dated it, or how I wish to proceed.

Am I correct in saying that because I stated in my letter that I wanted to terminate my HP agreement with immediate effect, the letter was in dated at the top, and that S99 of the CCA 1974 is a clear indication that I was to voluntary terminate my agreement, that I have no need to send a further letter and that I can call them up to state these facts?

Thanks.

[R0b]

Standard letter which they appear to be using delay tactics. Theres no good reason why your letter isnt valid so I would just stick to your guns if i were you.

I think I've an example response to that lying around somewhere I'll try to hunt it out and post it up, probably later today at some point.

[sall1990]

I got it sorted last night - gave them a call and just told them that I wasn’t required to provide a signature as it wasn’t specified in S99/T&C’s, and that the letter was specific to voluntary termination because I had mentioned S99... they soon changed their tune, verified the letter over the phone, asked me a few questions about the condition of the car and then said they would pass on my details to a collection company