Vehicle Contract Hire early termination

[davidebt]

Hi, just over 12 months ago I entered a vehicle contract hire agreement (service included) for a three year term with 3 payments up font followed by 35 payments. In early June of this year I was diagnosed with and inoperable and incurable Lung Cancer and was forced to give up self employment.
Being concerned that I would not be able to keep up payments on the vehicle, I contacted the Finance Company at the earliest convenience to establish how I should proceed.

The person I spoke to was very sympathetic and told me to send proof of my diagnosis and they would arrange early voluntary termination of the contract. I offered other options such as perhaps shifting the contract to a cheaper or older vehicle but was advised that it was not necessary as "I had enough on my plate to worry about". The person I spoke to (name withheld) sent me a blank email for me to to respond to which I did straight away with a copy of my Hospital Diagnosis Report and thanking them for their sympathy with early termination of the contract. I immediately received an automated response telling me how important my email was and that I would receive a reply within 3 working days. I received no reply.

A week later sent a follow up email stating that I had not received a response to my first email and confirming that I had booked the vehicle in for its 12 months service as per contract and that I would be making my final payment on 15th August, and also that the vehicle would be available for collection at a date as advised by them after 3rd August. Again I received an automated response advising me how important my email was and that I would receive a reply within 3 working days. I received no response.!

Today I made a telephone call to the Finance Company asking to speak with the person who I had been dealing with. I was advised that he was at his desk but on another call but my message would be passed on and he would call me straight back. I have received no call.

The conclusion I have arrived at as a result of the Finance Company's failure to respond is that I believe the person I spoke with had "overstepped his authority" by agreeing an early termination and that they are now trying to avoid any contact with me as this would be seen as acknowledging their agreement to early termination for medical reasons, and then perhaps taking me to court for ceasing payments.

Any advice on how to proceed from here would be extremely welcome. I know that under the Consumer Credit Act that I have the right to Voluntarily Terminate my Hire Agreement after I have paid more than 50% of the sum owed but this still leave me with waiting and making a further 6 payments before I get to this stage and I also understand that VT's are full of other problems such as normal wear and tear etc.


Any help or advice would be gratefully received.

David

[_______]

I can't give an answer about your legal standing given these details, but it sounds the agreement you made with the company that is the most generous to you was made over the phone. Without hard evidence of this conversation it may be impossible to get the company to admit that they made this agreement.

However, it's possible the company recorded your call (even if only for "training and quality purposes") and still holds a copy of that recording. If they do, they have an obligation to provide you with the recording under the GDPR if you file a subject access request with them, asking for all personal data they hold about you including phone recordings.

If the conversation established a sufficiently well-defined agreement to a voluntary termination, the recording should significantly improve your chances of holding them to their word.