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GAP insurance and VT HP Finance

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  • #31
    Hi R0b

    Thanks for that, I had a good read of the thread and came up with the following response for myself:

    "I am under no obligation to pay any fees for excess mileage or collection of the vehicle. The Consumer Credit Act 1974 explicitly states that, my liability under the agreement is limited to half the total amount payable and any terms under the agreement which imposes additional liability directly or indirectly is strictly prohibited by the Act.

    Regarding the sum for the GAP insurance; I would like to make a formal complaint about this. I was not provided with a personal copy of the agreement. I never saw a copy of any terms and conditions that were allegedly supplement to the agreement, let alone be provided these at the time of signing the agreement.

    Even if, as you suggest, the GAP agreement is deemed a separate agreement, I was never provided with any pre-contractual documentation or terms and conditions relating to the GAP insurance prior to or at the time of signing the hire-purchase agreement. Under section 55 of the CCA 1974, you are required to provide me with pre-contractual documentation (as further described in Consumer Credit (Disclosure of Information) Regulations 2010). Failing to comply with this requirement means that the agreement is improperly executed and may only be enforced by an order of the court (see section 65 of the CCA 1974).

    To clarify, I am willing to make a payment for the reasonable sum of £53.00 relating to the rear bumper chip. I am under no obligation to pay any fees for the collection of the vehicle, and as I was not supplied with sufficient information or terms and conditions regarding the GAP insurance, I will not be making any payments towards that.

    I trust that this response clarifies where I stand and I do not expect there to be any need for further correspondence except where legal proceedings have commenced.


    Yours faithfully".

    My only concern is the wording of the 'not paying GAP insurance' in the last but one paragraph, and that in their last email to me, they stated 'In regards to the Consumer Credit Act, this does not cover the collection fee. As such your outstanding liability is £307.27', so I was just wondering where I stood with that?

    Thank you in advance

    Comment


    • #32
      Let me get back to you once I have had more time to digest.
      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 relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

      Comment


      • #33
        Evening, to follow up from my last post, I have attached an example response to FCA. It is different from the above but by no means perfect so it should give you a starting point if you want to add anything else into the mix.
        Attached Files
        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 relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

        Comment


        • #34
          R0b I really cant thank you enough!!

          Comment

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