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Voluntary termination of my car contract

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  • Voluntary termination of my car contract

    Hi there I am looking for advices regarding where I go from here on this
    on the 24th of April I hand wrote a letter using the template on this site however I never had my reference number but supplied the car reg my wife sent it on the 25th and I cancelled my direct debit that was due on the 29th
    i received a text to say I'd fell behind on my payments and phoned Barclays partner finance today.they said they'd send my out some paperwork but I said I'd already sent a letter.she said they haven't received it and also the tax had ran out and the insurance and I'd have to get them to go ahead.
    i checked Royal Mail tracking and it says letter hasn't been received by them yet?
    the girl on phone said I could email them a copy of my letter but cause the wouldn't receive it till tomorrow I'm technically one month in arrears ?
    what should I do now? Do I get tax? Insurance ? Do I pay the arrears?

    thanks in advance if anyone can help
    Tags: None

  • #2
    Hello

    The CCA requires you to give notice in writing, as you have confirmed that the Royal Mail website shows that the letter has not been received, where does it say the letter currently is?

    Strictly speaking, Barclays are right in that you haven't given notice to them because the letter is supposedly not been delivered and so the contract continues until notice has been given - this is why you should never leave this kind of thing until the last minute. You could have actually sent the letter by normal post and obtained a proof of postage receipt, then you could have argued that the letter would have been received in accordance with normal postal delivery times and then it would be up to Barclays to prove otherwise.

    Ideally, you should have sent an email in the first place and along with the letter as backup. Your notice would have been given on the day of the email being sent or at the latest, the following day if the email was sent after business hours.

    I suggest you send an email as the lady at Barclays suggested, and to avoid any potential default problems on your credit file, pay the arrears but there's no need to tax it since giving your notice to VT means that liability is restricted anyway - Just tell them that there is no longer nay tax on the vehicle and you will be transferred the registered keeper into their name. It's up to them to tax it, not you.

    I would chalk this one up to bad experience but if you wish to defend not paying the one month instalment, then its a risk you take.
    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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    LEGAL DISCLAIMER
    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


    • #3
      How many months were left before the last payment? So you still have the car at your parking? Did they tell you where you can return if you wish to terminate? Mine is left one four weeks to pay the balloon payment and I don’t have money to pay it. I have sent them an email to say that I’m returning the car but no reply either.

      Comment


      • #4
        Hi an update on what's happening.barclays sent me a form to describe the car and one to accept liability for pickup charges. I haven't sent them back and phoned them to tell them I wasn't signing them.do I just sit tight now ?

        Comment


        • #5
          Yes, Invite them to inspect and remove, but don't sign anything for collection costs as these aren't your responsibility.

          Comment


          • #6
            So should I send the v5 away with Barclays as new owner then?

            Comment


            • #7
              It's easier to inform DVLA online by going to https://www.gov.uk/sold-bought-vehicle

              That way you have an electronic record of it.
              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
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              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

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