Another Voluntary Termination Question; Confused.

[caffeinated]

I've been lurking on this forum for about a week now, and decided to sign up and post because I've reached a point where I really am not sure how to proceed.

I used a template I found on here to write to Ford Credit; I'm about 48% through my payments and am aware I will be liable for the 2% up to 50% - to me it's a small price to pay to finally sever ties with the disgusting 'business' that is my local Ford Dealer.

Anyway, I called this morning and they confirmed that my letter had been received, but it will not be processed for at least two weeks. Where does this leave me? Can I cancel my direct debits? Won't they then charge me? I need a car to get to and from work and I have savings to purchase a car outright but I can't afford the running of two vehicles and then whatever Ford try and hit me with fee-wise.

Is there anything I can do to speed up the process or do I just need to grit my teeth and carry on as normal until they call?

Many thanks

[caffeinated]

anyone?

[Kati]

R0b ??

[R0b]

Hello

The law requires you to give notice of termination. That termination will take effect on the date specified that the agreement will end, so assuming you haven't amended the template, the agreement ends immediately as soon as the notice has been received by Ford. Contrary to what Ford says (or any other lender to that matter), it is irrelevant whether Ford chooses to process this 2 weeks, 6 weeks or 2 months later, that does not affect the date of termination on the notice.

If you have confirmation that they have received it i.e. proof of postage receipt or signed delivery signature (not just their word for it) then you should be safe to cancel the direct debit. They might try to charge you but I think they will find it difficult to argue or prove that the date of termination is when they process it and not receipt. The law is well established on this point and it's just something you probably expect from their first line support who are not legally trained and make themselves look stupid.

In terms of speeding up the process, you could write to Ford and say that they need to collect the car by X date because you already have another one lined up but cannot purchase it until they've collected the other one. Again, contrary to what Ford might tell you, your obligations are not to continue maintaining or paying for the tax and insurance, but to ensure the car is reasonable taken care of. In other words, not to cause or allow damage to the car through negligence.

If Ford refuse and are difficult, there is a template letter about giving notice to sell the car if it is not collected. Once that period of time expires, you have the legal right to dispose of it without any liability to yourself and that is your legal defence. Alternatively, if you have a driveway, you could cancel the tax and insurance and leave it on your drive for the time being, assuming you have other methods of parking your new car?

Voluntary termination is not for the faint hearted and many lenders do make life difficult for you in various ways, but the decision is ultimately up to you as to whether you are prepared to wait or stand your ground and take the risk.

My experience of Ford on here is that any alleged damage costs or debt that is not paid will then be sold on to a company called Link Financial who so far, have not issued any legal proceedings to recover the disputed amounts and are more of an annoyance than anything else. Worst case, you prepare yourself to go court and defend yourself over it.

[caffeinated]

I'm willing to stand my ground and fight my corner, but I don't think I could handle going to court, that's definitely something I would prefer to avoid.

I didn't send special delivery unfortunately, so I am guessing that I cannot take their word over the phone?

Ugh, I just want out, this is causing me so much mental distress

[R0b]

The wording around VT is to simply give notice, which can mean by letter or email and I always suggest sending by email because you have a record and hard for lenders to dispute it was never received whereas they can always say the letter never got to them.

You will no doubt learn that over time, relying on verbal conversations is unlikely to cut the mustard. You need hard evidence in the event that Ford choose to call your bluff and prove you gave notice. That evidence can only come by way of a subject access request for the recorded call, which is probably only retained for a short period of time.

I would suggest you contact Ford by email and confirm when you sent your notice to VT and enclose a further copy for any avoidance of doubt (so that the latest date of termination would be today if before 4pm or tomorrow if sent after.) and then seek to request collection of the car within the next 14 days.

However, if it is causing you a great deal of stress then I would suggest you pay them everything they ask for.

[caffeinated]

Do you have an email address for Ford perchance? I can only find a form on their website.

I'm willing to fight them on the charges that I am not liable to pay, I just want the car gone.

[R0b]

https://www.ford.co.uk/finance/suppo...ints-procedure

There is an email address in the above link.

[caffeinated]

Thank you kindly. Wish me luck I guess...

We've had the absolute worst experience with our Ford Dealer essentially lying and and taking advantage of us to the point I'm completely done with the whole company now.

[caffeinated]

I got an autoresponder from them that just says "thank you for your email"

Is that enough to confirm they have receive? I sent a digital copy of my letter within the body of the email and attached the image showing my original letter.

Thanks in advance

[caffeinated]

R0b or anyone? I want to cancel my direct debit.

[R0b]

It's an auto reply, that will be deemed accepted as acknowledgment.

Up to you if you want to cancel you direct debit or not.

[caffeinated]

R0b thank you for your patience, I appreciate people probably ask very similar questions quite frequently. I have no problem paying what I am legally obligated to pay, but I'm not a very bright person which often means I need to be crystal clear on more complicated issues before I proceed. For me, I worry that they'd come after me for unpaid direct debits; I'm not completely clear if that's something they can legally do and I'd be legally obligated to comply with; despite the fact they have acknowledged the VT, and once the DD is cancelled, I would no longer use the car.

[R0b]

It is common for some lenders (or those call centre advisors they represent) to suggest that you need to keep up and maintain your repayments until the car is collected. Whilst I can't promise you that it won't happen, what I can say is that line of argument from lenders is a load of nonsense and it is used as an intimidation tactic which in my view is entirely wrong and I think everyone should complain to the FCA directly until they get so sick of it and take action against these lenders.

Pretty much 99% of the time time when you challenge them on this point and you make a formal complaint, they generally back down and accept that you are not required to do that.

Like I said before though, VT is made extremely difficult by lenders and if you aren't clued up on your rights, then they will take advantage of you. If you haven't already, I would suggest you read the link below because it answers pretty much all your questions and what to expect.

http://legalbeagles.info/forums/foru...on-your-rights

[caffeinated]

R0b Thank you. I will go through things until I feel it's sunk in. Again, I really appreciate you taking the time to respond.