Another VT

[gwocni]

Hi Guy's and hello. This is my first post and I feel sure that I will get some help here. It is another Voluntary Termination query regarding my daughter's Audi A3.
We used templates from the forum to activate the VT when half of the money had been paid. The car "inspector" came and passed the car except for some very small wheel damage. (I don't believe that this was my daughters fault but an ingress of water that caused the damage)
However the car was duly removed and a letter in the form of a bill was received. My daughter replied using one of the templates off the forum. Audi refuted this letter to them saying that clause 11 is worded to ensure liability for excess mileage occurs prior to termination and that they now requiring payment.
A further letter states that she must bring her account up to date to avoid a default notice being issued?
I cannot find a suitable template to reply atm and wondered if you could point me in the right direction.
My daughter is a police officer and feels that she cannot afford any judgements against her but would rather pay. Of course I am trying not to have her incur this payment.
I can supply letters if required but would rather not post them until redacted to ensure anonymity.

Thanks
David.

[Amethyst]

What is clause 11 ?

( moving your thread to the car finance forum for you )

[R0b]

Hi David,

Will need to see the correspondence that was sent to your daughter by Audi.

A recent court case on excess mileage has confirmed that these charges are not recoverable and that the excess mileage crystallised on termination, not as Audi suggests, that it accrues for each mile that your daughter exceeds.

Also, I think any default applied to your daughter's credit file would be unlawful and would give rise to a claim for breach of data protection and/or negligent misstatement for a reference given to the credit agencies. It is a fact that the agreement has been terminated and logically, you cannot apply a default to an agreement that no longer exists.

It sounds like standard wording, but until I see it, I can't really comment. Your daughter also has to decide whether to pay up or fight it but run the risk that they might apply a default and in which case will probably have to issue a claim against Audi for it to be removed.

[gwocni]

Hi Rob and thanks.
Can I email the letters to you?

[gwocni]

What is clause 11 ?

( moving your thread to the car finance forum for you )

Are you referring to me Amethyst?

[gwocni]

PM'd Rob.

[R0b]

If you PM Amethyst she can redact and upload the documents for you.

[gwocni]

PM'd Amethyst. Thanks.