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LEGALBEAGAL - Voluntary termination help

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  • #16
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    • #17
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      • #18
        You might get more response if YOU transcribe those emails into a sensible single entry. I know I couldn't be bothered to read them in that format.

        Comment


        • #19
          Have you made a formal complaint yet?

          Also in one of their emails, they claim to have served notice of termination due to non-payment.

          Do you have a copy of that notice you can upload? I presume it's a letter but if you haven't received it, you should request a copy of that notice of termination.

          Once we have all of the facts, we can work out what next steps to take but on the face of it, I think RCI are in the wrong here. Their customer service advisors are wrong and like you've already mentioned, there is no legal requirement to follow any voluntary termination process other than to notify them in writing that you are giving notice to terminate.

          Sounds to me by both refusing to carry out the VT process (and possibly failing to give the proper notice of termination), that is a fundamental breach of your rights which is a breach that goes to the root of the contract, entitling you to terminate the agreement and seek damages, or in this case you could argue that you could retain the car as that would have put you in the position had the breach not occurred and the contract concluded.

          Question is up to you as to whether you want to argue that position or simply argue that you VT'd and let their solicitors get involved. If you want to argue a fundamental breach then you have to accept their breach and tell them in writing to this effect. But as above, I suggest you get your facts and evidence straight before choosing your options.
          Check out some useful guides below

          A guide to voluntary termination
          Seting aside a CCJ
          Completing an N180 Form

          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          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. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. 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 and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

          Comment


          • #20
            Thank you Rob for getting back to me and taking the time to look through the emails. Firstly sorry in the delay in replying.

            I have not yet put in a complaint as of yet but I will be this coming week.

            No they haven't served me a letter, not that I have received. I will request one to be sent and post it for you to take a look at please.

            Over the Christmas period crystal collections contacted me to say they wanted to recover the car on behalf RCI I told the I wasn't prepared to hand the car back to them until it is made clear with RCI that the contract has ended through voluntary termination. They have sent me another email after I was contacted by Crystal collections that I will just need to sign the paper work once again/give them my signiture to continue with the voluntary termination. I haven't replied back to them as they know that I will not sign anything.

            I think I'll go with what you have asvised and get all the facts then make a decision based upon on everything put in front of us to go ahead with a decision.

            Thank you

            Comment


            • #21
              Would you mind posting up the last email sent by RCI explaining that you have to sign the paperwork?

              I'm thinking that they have now twice stipulated that they are refusing to process the voluntary termination and in my view, I think this is a ripe time not to put in a complaint just yet but to write to them and explain that they have on two occasions refused to process the voluntary termination, which is a fundamental right set out in Section 99 of the CCA.

              Their refusal amounts to a repudiatory breach and you are choosing to accept that breach and terminate the agreement. The effect of repudiatory breach is that you are discharged from all obligations and liabilities under the agreement and you should be entitled to damages. What those damages are could be a moot point but in my mind, they would have to be damages to compensate you as if the contract had been performed i.e. you made all the instalments and then paid the option to purchase price to secure the car.

              That could put you in a stronger position and in theory you could hold on to the car until they've paid you or agreed to transfer ownership (which I doubt they would accept). You fallback is always going to be arguing that the agreement terminated in any event if no repudiatory breach took place.

              It is up to you which route you want to go down, whether that's simply getting rid of the car or taking it further by claiming repudiatory breach. I suggest you do some googling on repudiatory breach to get a better understanding of it before making any decision.

              P.s. I'm with RCI and I am expecting to VT in the next 18 months for various reasons but I really hope they try the same thing with me as I'd be more than happy to take them to court over it!
              Check out some useful guides below

              A guide to voluntary termination
              Seting aside a CCJ
              Completing an N180 Form

              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              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. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. 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 and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

              Comment


              • #22
                Hello Rob

                This is the email they last sent to me on the 20th December.


                Good morning,



                Thank you for your email below. We apologies for the delay in response.



                We require a signed slip or document from yourself to confirm you wish to return the vehicle. The reason for this is when uplifting the vehicle from the yourself, you have given us authority to do this.



                Therefore the signature ensures as this request has come from you and protects the business to ensure at a later date should there be any issues.



                If you have any further question or queries please contact Dentons after the new year on 03302220050. Your Agreement has now been passed to our solicitors.
                I have looked into repudiatory breach and I am writing up an email to send to them. Once I hear back from them I will post on here their reply.

                Hope all goes well with your voluntary termination in 18 months time. I have now also declared the car sorn as I do have the log book and its in my name

                Comment


                • #23
                  What a poor response.

                  You don't need a slip and you don't need to give them authority to come and collect their own vehicle if you are electing to terminate the agreement under S.99 which again requires no signature or document or slip to be signed and returned. You have already made your intentions clear that you wish to VT and that is sufficient.

                  If you are going to assert repudiatory breach, then you'll need to make it clear that their refusal to process the VT amounts to a repudiatory breach and that there is no legal requirement for you to sign or return anything to RCI other than to give notice. They haven't provided a sufficient explanation as to why a wet signature is required (particularly if you are sending emails from the email account they have on the system which ought to be sufficient to verify you).

                  In order to claim repudiatory breach you would need to accept their breach and notify them that you are treating the agreement as terminated. Before that step, you could offer them an opportunity to confirm that they will process the VT within the next 7 days, otherwise you will write to them to confirm acceptance of their breach and electing to treat the contract as discharged.

                  Your letter I presume is clearly addressed with the correct address that matches their systems, there is nothing to suggest that you are not who you are. Secondly, a signature is not the only thing required in order to verify someone, there are other means too such as telephone call, email address confirmation, payment details, amount paid each month etc.

                  Good luck.
                  Check out some useful guides below

                  A guide to voluntary termination
                  Seting aside a CCJ
                  Completing an N180 Form

                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  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. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. 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 and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

                  Comment


                  • #24
                    Hi rob
                    Just an update on what they have sent me via post

                    Comment


                    • #25
                      Sorry I'm having issues uploading the pictures. I will tey to make the resolution smaller

                      Comment


                      • #26
                        Can you not save it as a PDF and then use the attachment button?
                        Check out some useful guides below

                        A guide to voluntary termination
                        Seting aside a CCJ
                        Completing an N180 Form

                        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        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. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. 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 and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

                        Comment


                        • #27
                          I can't seem to upload the pictures I want to as I have recently changed mobile phones it won't let me upload them. I'll write what they have written.

                          This letter is being sent to you by us on behalf of our client, RCI Financial services limited, in accordance with the pre-actiin protocol for debt claims contained in the cival procedure rules. We refer you to paragraph of the protocol and paragraphs 13 and 16 of the practice direction on pre-actiin conduct and protocols in the cpr regarding the courts power to impose sanctions for failing to comply with the provision of protocol.

                          You are in breach of the terms of your above agreement with our client that you have failed to pay the sums due under the agreement and failed to return our above vehicle to them The agreement has been terminated You no longer have any right right to possess or use the vehicle and the amount that you must pay under the agreement £6,837.00 (the debt) no further interest
                          Will be applied to the debt. Other chargers may, however be incurred by you A Copy of an upto date statement of account, which explains how the debit is made up, is enclosed.

                          We are also including, in annex 1 to This letter adn information sheet adn reply form You have 30 days from the date at the top of this letter to fill and return the reply form to us If you don't it oxhdk rexutk in court proceedings being issued against you for payment of the debt and return of our above vehicle Upon return of the vehicle to our client it will be sold for the best price reasonably obtainable and the net sale proceeds will be deducted from the debt You will remain liable to pay any part of the debt which remains due under the agreement

                          If you wish pay the debt of if you wish to discuss payment options please complete the enclosed reply form and return to us


                          Yku may wish to take independent legal advice, in which case you should contact your local citizen advice bureau or contact one of the other free advice agencies listed in the formation sheet

                          Ignoring this letter may lead to court proceedings being issued against you and may increase your liability for cost.

                          Comment


                          • #28
                            Total cash price of good £12,495
                            Less cash deposit £1,000
                            Amount of credit £11,495

                            Plus
                            Interest charges £2969.02
                            Finance fee £149
                            Option to purchase fee £149

                            Total charge for credit £3,267.02
                            Total amount payable £15,762.02

                            Comment


                            • #29
                              Also in my contract it states I have the right to terminate as long as I have paid £7881.01. If you have already paid at least this amount plus any over due instalments and have taken reasonable care of the good, you will not have to any more

                              I can't understand that they haven't seen this in the contract. I also did some adding up and the amount shown above for the totam amount payable isn't right as they haven't took the £1000 deposit I paid making it £14,762.02.

                              I have paid over half what I needed to and they confirmed that in own of the first emails they sent then said in later email that I had only paid a third

                              Comment


                              • #30
                                Can you post the agreement up ? ( if you've got a new phone and pictures won't upload, you might need to take the photo, then screenshot the photo before uploading to make it small enough - otherwise, if you can, feel free to email it to admin@legalbeagles.info and I'll post it up for you )
                                Do you know the interest rate? and what period/term of the agreement?
                                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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