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LEGALBEAGAL - Voluntary termination help

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  • #46
    I still have the car

    Comment


    • #47
      So I don't think you need to copy in all of those emails into your reply as it is unnecessary and those emails could be disclosed at a later date. You can refer to them in your response.

      What date did Dentons give you to comply with or respond to them?

      I'll have a think and see if I can rework this as an example but I suppose it depends on what you want to do. Do you want to claim repudiatory breach against RCI and seek damages against them and state you are entitled to the car or the option to purchase price? This could put them on the backfoot and reconsider their position. They may well agree to settle provided they walk away with collection of the car.

      Do yiou want to simply argue that the agreement was already terminated and so RCI could not have terminated the agreement?

      Need to know your position before you can work out how to respond.

      Check out some useful guides below

      A guide to voluntary termination
      Seting aside a CCJ
      Completing an N180 Form (Courtesy of Jaguarsuk)

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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. 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


      • #48
        They gave me 30 days form the 1st February, I replied back to them on the 27th of February I sent the letter by recorded post so I knew they had received it,which it says it has been received by them.and I haven't heard back from them. I have moved address and provided my new address for them to respond to me.

        I think I'm going to do the repudiatory breach, and see what they have to say, if they want to settle then depending on what they offer, see if its worth giving them the car back. And also argue that I had voluntary terminated the agreement before they declared to me that they had canceled it. If I put the request in to voluntary terminate then by law are they not able to claim to terminate my contract as the contract was already terminated.

        Comment


        • #49
          So what did you reply back with?

          Did you inform them by letter or email or some other form?
          Check out some useful guides below

          A guide to voluntary termination
          Seting aside a CCJ
          Completing an N180 Form (Courtesy of Jaguarsuk)

          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          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


          • #50
            I sent them the reply form they sent me along with a short reply to say that I need their email address to send evidence to go on my part of the case. I sent it by recorded delivery and have my receipt as record of proof it got delivered to them so I know they have received it.

            I also sent them the total amount that the car has made up in storage fees so they have that for their records.

            Comment


            • #51
              You might want to contact Dentons by telephone and (1) verify they have your up to date address (if not already confirmed), (2) ask for an email address to respond directly to, (3) what, if anything have they done since your response to them and (4) inform them that you are preparing a detailed response to their LBA which they should receive early next week.

              Once you get an email address you should follow up with the above on what was discussed as verification and evidence. It should give you some leeway to prepare what you want to say. In the meantime, you'll be able to put something effective together and I'll see if I can give you some example language.
              Check out some useful guides below

              A guide to voluntary termination
              Seting aside a CCJ
              Completing an N180 Form (Courtesy of Jaguarsuk)

              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              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


              • #52
                I did ring dentons to speak to the solicitor who is dealing with the case and explaimed to them what my defence is. He said that rci are seeking for the outstanding balance left on the finance. I told him that I will not be paying them a penny and there are storage fees adding up each day as this goes on longer. I asked for a reply date and said he would get back to me once he has spoken with rci. He had the cheek to ask if I wanted to set up a payment plan with him that day to start paying them back even though he had received my reply form stating that I would not be paying it back and that I would be arguing against the claim. Isn't there a 7 or 14 day period that they have to reply back to me surely they can't just leave it to when ever they feel like it.

                I did send him some of the emails I had received from rci to support my claim with evidence.

                Im hoping that he sees that they have made an error by terminating my contract so making any grounds they are requesting ie money for the car or damages or milage is in fact void as they have terminated the contract They have nothing to refer to as the contract agreement tsht I signed at the beginning of agreement is no longer valid any more so therefore they have no case

                Comment


                • #53
                  Just thought I'd post to give an update with my situation. I did call the solicitor a few weeks after sending him the emails from my self and rci and I have heard nothing it's been nearly 6 weeks. Is this normal for them to just leave it so long? I did ask is there a time frame they can give me for a reply and got back that the case is in hold and they are reviewing it. What happens if they don't reply for months. What will happen to the car, so who will own the car. Will it not be seen as they have abandoned the car. The doesn't have mot or car tax and it doesn't now start as the battery has gone due to it being sat there.

                  Any help please.

                  Comment


                  • #54
                    Spam deleted

                    Comment

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