LEGALBEAGAL - Voluntary termination help

[R0b]

Well I have to say that based on what has been supplied, RCI don't seem to have any leg to stand on - a right royal cock up I would say.

I'm not entirely sure if this is simply a hollow threat but if they do issue legal proceedings, then you may certainly want to consider bringing a counterclaim against RCI for repudiatory breach. The damages sought would probably have to be the amount equalling the option to purchase price or the transfer of ownership of the car from RCI to you. That would be the effect if the contract had run its full course and you would have benefited from it. It would mean you'd need to pay a fee to bring a counterclaim but that's a cost you need to weigh up.

If you are going to respond to Dentons then I would suggest take the next few days or so to think about what you want to say. There's no need to rush as you have 30 days from the date of the letter to reply. thinking right off the bat you may want to consider asking for the following information:

a. Make it clear you are denying liability

b. Detailed description of the breach of agreement alleged.

c. You've received the HP agreement but you should also ask for any further evidence that they are seeking to rely on or if it is simply the HP agreement.

d. Set out a sub-heading in the letter identified as "Counterclaim". You can then explain your position and if they intend on issuing legal proceedings, that's what you expect to happen, or they can come to the table and agree a settlement without the need to incur further costs.

e. Reserve your position as to any other causes of action you may have against RCI as a result of this.

I have an example template response where further information is needed (click here) but in your case it probably needs to be tweaked because it is rather generic and would need to reflect your current position. It's a starting point anyway, but I would suggest that perhaps you post up a draft version on here before sending it off so one of us can take a look and see if you are along the right lines. If I have time this week, I'll try and post an example of what you might want to say but again you have all the knowledge and information so you'd need to double check its accurate and correct.

Can I ask about the subject access request, and giving them my driving licence number and utility bill. I'm not sure why I have to send this.

Under the GDPR data controllers have a duty to verify you and make sure you it is you they are speaking to. If you don't send any form of identification, it's most likely that they will respond to you (possibly a week or more down the line) and tell you that you need to provide a form of identification. You've then wasted time and delayed your request. So the purpose of sending it upfront is to anticipate what they are likely to ask.

[Amethyst]

Default notice and transactions

[Legalbeagal]

I've found another letter from them and it does sat that it is a default notice. I'm sorry I didn't realise it said this on the top

[Legalbeagal]

Documents

( yes they were massive, so check your pic size settings on your phone, or do screenshots of the photo after taking it )

On the agreement, yes the £1000 deposit is accounted for xxx ( the 47 monthly payments plus bigger 1st payment plus deposit add up to nigh on £10,000 then theres the £5k odd final payment ) the £7881 50% is correct and your £1k deposit is included in the calc so it's £6881 of installment payments needed to hit the 50%.

Thank you for posting this for me. I have paid £8,920.02 with £6,656.70 remaining left to pay

[Legalbeagal]

I do have more what they sent, a detail of the sums which I have paid. I can send them to be posted if you would like to take a look.

The first 2 pages are from the solicitors and the rest is the agreement tgat I signed as well as the list of sums I have paid

[Legalbeagal]

*Denton a not demons

[Legalbeagal]

Yes it is from demons, I also noticed that they didn't give a reason as to how I have breached the agreement. I haven't recived a default notice and they just told me in an email that it has now been terminated.

I'm not going to cave in to them, I will fight this as I don't see that I am in the wrong. I have done my part and it's them that are dragging their feet and not complying with what I have requested.

I think I will go with your first suggest and see how that plays out and if they are not accepting that then I will move on to the second suggestion. I do really appreciate all the advice you have given me so far and I will look into getting legal advice my self.

Can I ask about the subject access request, and giving them my driving licence number and utility bill. I'm not sure why I have to send this.

Thank you

[R0b]

Is that all they have sent with the letter before action, just the HP agreement?

[Amethyst]

Documents

( yes they were massive, so check your pic size settings on your phone, or do screenshots of the photo after taking it )

On the agreement, yes the £1000 deposit is accounted for xxx ( the 47 monthly payments plus bigger 1st payment plus deposit add up to nigh on £10,000 then theres the £5k odd final payment ) the £7881 50% is correct and your £1k deposit is included in the calc so it's £6881 of installment payments needed to hit the 50%.

[R0b]

So that's the letter before action, presumably by Dentons?

I notice they have said that you are in breach of the terms of the agreement but have not stated how or why you have breached the agreement. Can you confirm whether you have been sent a default notice letter prior to the collection team saying it had been terminated? Or did they just tell you that the agreement was now terminated?

Based on what you've mentioned in this thread, I cannot see how they can claim that the agreement was terminated by them, unless you aren't telling us something that likely changes the landscape.

As far as I can see, there are at least 2 lines of defence which I have already mentioned: (1) RCI are in repudiatory breach for refusing the notice of termination and (2) even if the repudiatory breach argument fails, you terminated the agreement in accordance with S.99 which only requires notice in writing. There is nothing in that provision that suggests it is subject to any further conditions, either to sign their documentation or that it has to be signed and in writing (unlike other legislation such as the s.136 of the Law of Property Act 1925).

So the question for you then is whether you cave in and give up to their demands, or you are prepared to defend yourself. It would also be prudent to say that given the sums that they are seeking from you, I would suggest you also look at getting some independent legal advice or if you have any legal expenses insurance you may also want to look at claiming on that.

If you want to go it alone, then your next step would be to respond to that letter preferably sooner than later but in the first instance you might want to look at the two above options.

I can help as much as I can but ultimately it is your case and situation so only you can decide what route you wish to take.

In the meantime, I would also suggest you fire off a subject access request immediately to RCI. If you can remember, you should specifically ask for call recordings too of any recent calls you have made to them and set out the dates and times in your letter. There's an example GDPR request letter you can find by clicking here. To avoid any delays you should send a copy of your driving licence and utility bill enclosed with the letter or email.

RCI's privacy policy on its website is out of date but I did find an email here that you could send your request to: renaultfinance-customerservices@rcibanque.com

Make sure to put in the subject line something appropriate such as Subject Access Request.

[Amethyst]

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?

[Legalbeagal]

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

[Legalbeagal]

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

[Legalbeagal]

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.

[R0b]

Can you not save it as a PDF and then use the attachment button?