• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeaglesģ is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

LEGALBEAGAL - Voluntary termination help

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Legalbeagal
    started a topic LEGALBEAGAL - Voluntary termination help

    LEGALBEAGAL - Voluntary termination help

    Hi there,

    i have written to my finance to give notice of voluntary termination via email on the 14/11/18 they didnít reply so I again sent the same email to them which was a template I have copied from this site including the consumer act.

    They have said they have received my email and requested I sign paper work or my own letter to confirm that I give permission for the contract to end and for them to accept voluntary termination.

    From reading other post about this, I have learned that I do not need to sign anything so I have said this many times in my many emails to them and stating I know my rights that I do not need to sign any paper work as I can just give you notice and then thatís my part done.

    They said they will accept the voluntary termination once they have received my signature, then other emails have stated that I need to fill out their paper work.

    Within a few days of them sending this email to me they then said that the voluntary termination can no longer go ahead and they have requested for the car to be collected by the collections team and that the contract has been terminated. I asked what does this mean broken down and why they have decided that now after sending the notice that they are telling me that they have terminated the contract.

    Emails have been going back and forth and they are still wantin me to sign paperwork. But I have also have a letter to say that the collections team want to collect the car.

    Im not willing to give the car over to them as I need to know what terms the contract agreement was ending I.e voluntary termination or voluntary surrender or just plain and simple cancelled.

    I know that voluntary termination and surrender work differently and I will then be liable to pay for collection recovery cost and other cost inccurd.

    They claim in some emails that they have me notice to cancel/termination me the contract agreement and then emails stating that they need my signature to process the voluntary termination. I am not giving them my signature as I know this can be used against me to say I will be liable for extra cost like extra mileage.

    I have told them that there is no car insurance for the car as I have new car, no road tax as I cancelled to direct debit and now itís mor has run out on the 14/12/2018. It is due a service too this month. I also stated that after they had received the email I sent 14/11/18 that I will have to impose a storage fee which I have read I am within my rights to do so as the car cousin be seen as abandoned.

    Im not sure what else I am to do from here.

    I dont want to gvie the car to the collection team as Iím not sure what terms the Finace has ended the contract, so I donít want to end up with added cost. Can they issue to cancel the contract agreement after I have sent a notice of voluntary termination. I have stated to them that I can out a complaint in to their workplace about them pressuring me to sign paperwork that I do not need to sign. They also said that they will seek solicitors within the same email that they told me that the contract is cancelled and the collections team will collect so wait to hear from them, and when I replied that they can gladly involve solicitors they replied back to say that want my signature to go ahead with voluntary termination, so Iím gstting confused with all the different emails.

    Please can you advise what my next steps would be. Thank you
    Tags: None

  • Linamerlina
    replied
    Spam deleted

    Leave a comment:


  • Legalbeagal
    replied
    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.

    Leave a comment:


  • Legalbeagal
    replied
    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

    Leave a comment:


  • R0b
    replied
    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.

    Leave a comment:


  • Legalbeagal
    replied
    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.

    Leave a comment:


  • R0b
    replied
    So what did you reply back with?

    Did you inform them by letter or email or some other form?

    Leave a comment:


  • Legalbeagal
    replied
    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.

    Leave a comment:


  • R0b
    replied
    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.

    Leave a comment:


  • Legalbeagal
    replied
    I still have the car

    Leave a comment:


  • Legalbeagal
    replied
    I do still have the and I havent heard anything from rci asking for the car back Just the solicitors letter from dentons

    Leave a comment:


  • Legalbeagal
    replied
    Here is the letter I'm sending them today which I wanted to send via email Sorry if its quite a long read. It includes all the emails sent between my self and rci


    Co:



    Traderís Name

    Traderís Address Line 1

    Traderís Address Line 2

    Traderís Address Line 3

    Postcode


    Shaunnagreen@hotmail.co.uk



    27/04/19


    Dear Andrew


    Rci finance v shaunna Green


    I am writing to acknowledge receipt of your letter before action dated 01/02/19 and setting out your clientís allegations made in connection with the Nissan qashqi and more specifically, your clientís suggestion that I am liable for the payment of the car. In accordance with the Pre-Action Protocol for Debt Claims (the ďProtocolĒ), I have enclosed the completed Reply Form.


    You will note from the enclosed Reply Form that I deny any liability in relation to your clientís allegations. My reasons are as follows:


    ē I requested to voluntary terminate the Nissan qashqi on the 14/11/18. Plenty of time to give notice which I know I am within my rights to do so before the agreement would end.


    Here I have the transcripts between my self and rci dating from the 14/11/18


    This reply was sent after I sent the voluntary termination email


    15/11/19


    In order to hand the car back early or Voluntary terminate as per your signed agreement you need to have paid half the financial liability which you have done but you will need to call the Voluntary Termination of agreement team on 0330 331 0228 to do this.
    Kind Regards
    Rukmini Webster


    My reply 15/11/19


    Hello,
    Please can you confirm what happens once I call them and the next steps would be.
    Thank you
    Shaunna green



    Rci reply 15/11/19

    I wouldnít be able to advise on this as I do not know their process.
    Kind Regards
    Rukmini Webster


    My reply 15/11/19

    Can you send me their email address please so I can email them.
    Thanks
    Shaunna green


    Rci reply 15/11/19


    To Voluntary terminate you will need to call them as they will not process your voluntary termination request.
    Kind Regards
    Rukmini Webster


    My reply 4/12/18

    I did send them the Voluntary Termination letter again


    Rci reply 6/13/18


    Thank you for your email.

    Unfortunately your voluntary termination has been sent to us too late as our vehicle recovery team have already been instructed to collect. Please await communication from them.
    Kind regards
    Maisey


    My reply 6/12/18



    I did email over a month ago and heard nothing. The car is ready and waiting to be collected once the black box from the car insurance have removed it.

    Please can you let me know what will happen now as I did request for the car to be returned and put in a voluntary termination on the 14/11/18. I have email of this being sent.



    My reply 6/12/18


    Hello This is the email I sent on the 15/11/18.

    Please find attached the written letter to confirm voluntary termination of contract.
    The car is ready to collect please contact me to arrange a collection. I will notify you of the time and date it will be dropped, once the car is left it will no longer be my responsibility and you will have no need to contact for anything further.

    The car will have all the paperwork inside the car along with 2 keys or I will leave on the nearest Nissan dealership parked ready for you to take.


    Rci reply 6/12/18


    Thank you very much for sending us your voluntary termination form again. Unfortunately we are unable to accept this as we require the form to be hand signed. Please can you hand sign this letter and send it to us again for us to action for you.
    Kind Regards,
    Sarah


    My reply 6/12/18

    I have contacted citizen advice about the signature and I do not need to sign anything as long as I have given you the letter which I have.


    Rci reply 6/12/18


    We do not have a copy of the email sent on the 14/11/2018. On the 15th we have a reply that explains you will need to contact the end of agreement team to start the Voluntary Termination process. Since, we have not heard from you.
    Our vehicle recovery team will be in touch with you soon.
    Kind regards
    Maisey


    My reply 6/12/18


    I can send you the email I sent on the 14/11/18. I have been instructed that to terminate it needs to be done In writing as I did and not call to terminate. So you had a written copy of me terminating the contract. Do you know how long that will be as I will only be corresponding via email


    Rci reply 7/12/18


    Thank you for your email.

    This Agreement is now with our Vehicle Recovery Team, I have copied them into this email.
    Kind regards
    Julie Soydan


    My reply

    Rci reply 9/12/18

    Thank you for your e-mail.

    We would need a hand signed form from you to confirm it is you that would like to Voluntary Terminate.
    If you do not want to sign our paperwork you can send over a letter drafted by you to confirm the Voluntary Termination.
    Many Thanks
    Louise



    My reply 9/12/18

    I do not need to sign anything to say Iím voluntary terminating the agreement. I have given you notice and thatís all I need to do on my behalf. Please can you let me know when you can collect the vehicle as it is waiting to be collected.


    Rci reply 10/12/18

    Unfortunately, we would require the Voluntary termination slip to be signed in order to terminate your agreement. This is due to this being a change to your contract. If you do not wish to sign our slip, please email a hand signed letter requesting that we terminate your agreement. You would still be liable for any excess mileage or damage charges if you email in your own letter.
    As long as your hand signed signature matches our agreement documents, we will be able to accept this.
    Kindest Regards,


    My reply 10/12/18

    Once again I will say I do not need to sign anything. I have given you the notice of voluntary termination and I will not be liable for excess mileage or damage charges either. I understand that I have the right to do this at any time before the final payment is due, under s.99(1) of the consumer credit act. I also understand that my liability following termination will be calculated in accordance with s.100 of that acts.

    I am under no obligation to pay any fees for the 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.


    Rci reply 10/12/18

    Thank you for your email to our Voluntary Termination team.
    Unfortunately your Agreement has now been terminated. The job has now been passed to Crystal collection.
    Their contact number is 01277202010. You will need to call them to arrange collection of the vehicle.
    Kind regards,
    Zain


    My reply 10/12/18

    Can you explain what term you mean by terminated please and not voluntary termination what I have provided in previous emails.

    My reply again 10/12/18

    Hello, please can you confirm that you have accepted the voluntary termination. I sent the first email on the 15/11/18 then heard nothing back. Now you are saying itís being recovered? Where is the letter or email to state this. I gave notice to voluntary terminate on the 15/11/18 and havenít been given anything to say to are now in the recovery process other than an email to say that my account has been passed to the recovery team. No explanation or formal letter to say this was happening and you only told me this after me giving you notice for the second time.

    You have 14 days from this email to collect the car as stated in my other email, the car no longer has insurance or car tax and the mot is due to run out on the 11/12/18. Failure to collect within the time I have given, 14 days I will put a £30 per day charge in place until the car is collected. I am within my rights to do this as it will be storage fees for the car still being in my possession.

    Please send me via email your confirmation of voluntary termination as I gave you notice nearly a month ago. Once I have confirmation of the voluntary termination then I will give the address that the car can be collected from.

    Rci reply 11/12/18

    Thank you for your email below, I can see an email was sent to you on the 15th November 2018 to get in contact with the Voluntary Termination team.
    Unfortunately your Agreement was terminated as we never received any correspondence from yourself.
    If you have any further questions, please feel free to contact us on - 0333 2000 002, we are open Monday - Friday 8.30am - 6pm.
    Kind Regards,
    Zain

    My reply 11/12/18

    I did email to give you notice and it was on the 15/11/18. If the contract is terminated like you say please break down what that means and entails as I wish to voluntary terminate and I am within my rights to do this. Once it is served to you via mail or email then that is all I need to do on my behalf. No need for me to call and terminate as you need it in writing which I did send it on the 15/11/18 and I know you had received it as you replied to the email I sent to you. So in my behalf I have fulfilled my part and given notice. You canít say now that you have terminated the contract, once I have handed you the voluntary termination letter. It was served to you before you declared to me you have terminated the contract. As written in my other emails.

    You now have 13 days to arrange collection and after these 13 days I will impose a £30 per day holding fee for storage of the car.

    I will give out the details of the collection address once I have received confirmation that the contract was voluntary terminated as I requested.

    My reply 11/12/18

    Please find attached screen shots of emails I have exchanged and they state that I need to sign paperwork for the voluntary termination to go through. I know my rights and I know that I do not need to sign any paperwork. I just need to give you notice which I did on the 14/11/18 or the 15/11/18.

    Please can you explain to me how and when you declared that you have terminated the contract? If you have agreed to accept the voluntary termination once I have given you my signature. You cannot declare that you have cancelled the contract. I suggest you look up the act I have given you and understand that once I have given you notice I do not need to sign any paper work and that you cannot after me giving this notice, say to me that now you have cancelled the agreement when you have acknowledge that you will accept voluntary termination once I sign paperwork, which again I know my rights and I do not need to sign any paperwork

    rci reply 11/12/18

    Thank you for your email below.
    We have taken a look at the screenshots you have sent and can see the advisors have all stated we require a letter with your signature confirming you would like to voluntary terminate.

    We have received a letter from yourself however this is dated after the termination. The voluntary termination is now null and void.
    If you have any further questions, please feel free to contact us on - 0333 2000 002, we are open Monday - Friday 8.30am - 6pm.
    Kind Regards,
    Zain

    My reply 11/12/18

    How is it null? In the emails sent to me you asked for my signature which I am within my rights to not sign the agreement. I have gotten legal advice and they have notified me that I do not need to sign anything to given you notice of voluntary termination.

    You have basically said you will accept the voluntary termination on the request on my signature, I know that you will use tactical words to try to get me to sign paperwork that I do not need to sign. I also know that by you doing this to enforce me to sign when I know I do not need to that I am within my rights to put forward a complaint which I will be doing so as you are not allowed to enforce me to sign any paperwork. I suggest once again you look up the consumer credit act 1974 read through what my rights are and understand what I understand.

    I gave you my notice of voluntary termination on the 14/11/18 stating you had 14 days to address my voluntary termination letter and correspond to my self with confirmation that it has been voluntary terminated. The charges for the car to be stored will go up once the 13 days have passed and will increase to £150 which the storage facility has in place failure to collect after 14 days.

    Once you have read through the consumer credit act you will have a better understanding of the voluntary termination I have given you and with the reply in emails you have given me, you have acknowledged my voluntary termination letter and in return are asking for my signature which I do not have to give to you. That is my legal right. Again please look this up and you will find that I am correct and that no paperwork needs to be signed to give you notice.

    Explain how the voluntary termination is void? I have served it to you and you canning make it void, you do not have the power to do so. Please show me evidence that you can void it and null it. And please me proof that I have to sign paperwork for you to allow voluntary termination.

    As stated before you will find evidence that I am within my rights to serve you voluntary termination, upon me serving you this, you cannot then claim to cancel my contract after I have sent you the letter to terminate first.

    Rci reply 12/12/18

    Thank you for your email.
    Unfortunately, as you will be aware, we have served a termination notice due to non-payment, which is why details of the case have been passed on to our recovery agents.

    As you will also be aware, although we received an e-mail from you on 15th November regarding your intentions to exercise your right to voluntarily terminate the Agreement- in line with Section 99 of the Consumer Credit Act- you were asked to contact our Voluntary Termination team so that you could be given all of the information required in order to start the process. We heard nothing further in relation to this matter and, at time of writing, we are still yet to receive hand-signed confirmation of your intention to voluntarily terminate. We are unable to accept e-signature to commence this process.

    With regard to the return of the vehicle at this stage; because you have paid over a third of the total amount payable under the terms of the Agreement, our agents are unable to collect the vehicle without your hand-signed consent [a voluntary surrender form]. If you're unable to agree to sign this form, our agents will close the case, notify us and we will then refer the matter to our Solicitors in order to initiate legal proceedings. This may result in additional charges being added to the outstanding balance at a later stage.

    For the purposes of clarity, please note that we do not- nor have we- agreed to reimburse you for any 'storage costs' which you claim are due from us prior to the return of our vehicle.

    In spite of the above, we do remain committed to trying to resolve this matter amicably and we are keen to ensure that you have all of the information required to make an informed choice regarding this matter. Please don't hesitate to contact us- by return or by telephone on 0333 2000 002- if you wish to discuss this matter further. You may also wish to seek independent advice regarding your rights, if you have not already done so.
    We look forward to hearing from you.
    Kind Regards,
    Zain

    My reply 12/12/18

    In emails that were sent to me you ask for my signature to accept the voluntary termination. I do not need to sign any papers and I have in fact paid more than 50% outstanding is around £6000. The total cost of the car was £14000 so I have indeed paid over 50% so I am within my rights to hand you notice of voluntary termination. You are only claiming to not say that after I gave you this notice that you are now terminating the contract.

    I have no worries with you contacting your solicitors as I have seeked legal advice my self and have been advised not to sign any paperwork and it is my right to not sign any paper work.

    I didnít say you have agreed to pay the cost of the storage fees. Iím simply letting you know after now 12 days there will be a cost of storage fees that will be accumulating to store the car as I have gave you notice to voluntary terminate.

    I did email your self to serve you the notice so I have sown my part to give notice and it can be done by email which I have done.

    Rci reply 20/12/18

    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.
    Kind Regards,
    Zain


    I didn't reply after this email and then I received a letter from your self about this matter.


    As you can see from above its very misleading and they clearly don't know what's the law on voluntary terminating, I'm no expert but I do know my legal rights.


    If you look at the paperwork sent by your self. My agreement clearly states that if I have paid 50%of the total amount which I have, it is nearly £9,000 then I am within my rights to give voluntary termination via email. I have done my part and I'm not entirely clear on what they are claiming I have done?


    Without prejudice to the above denial, you have supplied me with no documentation or information relating to your clientís claim. I therefore require further information from your client (as per below) and with such, I am not in a position to provide a full response to the allegations made against me within the time limits set out in the Protocol.


    The following information is required:


    ē What grounds are they claiming I have committed any wrong doing?



    Until your client has complied with my request for further information, I would therefore suggest that any action your client is considering be deferred. Upon receipt of the said information, I anticipate that a full response will be provided within 30 days (I refer you to the Protocol under the heading What happens if I fill in and return the Reply Form in time? at page 9 which explicitly states creditors should allow a further 30 days before commencing legal proceedings). Please therefore confirm that your client will not to take any further action until it has provided the necessary information and/or documentation and until you are in receipt of my full response.


    If, however, your client pursues its claim notwithstanding its failure to supply the further information as requested, I reserve the right to draw this letter to the attention of the court and seek an adverse costs order as a result of non-compliance with the Protocol as well as any other order the court deems appropriate.


    <Finally, I would like to add that pursuant to paragraph 3.3 of the Protocol, I request that all future correspondence be sent to the following email address: insert email address. If this position should change, I will let you know.>


    I look forward to hearing from you.


    Yours faithfully,


    Enc. Reply Form


    There are some parts that I have left from the original template as I'm not sure what I should put Any suggestions please, thanks

    Leave a comment:


  • R0b
    replied
    Thanks for the update.

    Dentons should already have the correspondence between you and RCI, or they should (as responsible lawyers) ask RCI to provide the correspondence you refer to.

    Given that it has been 4 weeks, it would be sensible to contact Dentons again and remind them that you asked for an email address to provide copies of the correspondence but they have not got back to you, and you would appreciate a response from them. Worth pointing out it's been 4 weeks since you sent the request so that they can't deny being aware.

    Do you still have the car? Have they asked for it back?

    If you haven't written the letter to go with your reply, did you just send the reply form back? I'm a little confused as there seems to be something missing from your post.

    Rights and liabilities under a contract depends on who terminates the agreement. If RCI terminated first, your liability will be much more than if you terminated under the voluntary termination process.

    Leave a comment:


  • Legalbeagal
    replied
    Hi just an update, not really much to post but I have sent them the reply form back saying I'm not going to pay any money to them I have asked for them to provide an email laddress so I can forward them the emails smet between my slef and rci finance I sent this on the 1st of this month so today it has been 4 weeks today. Do I just sit and wait for them to reply back or how long do I give them to reply before me calling them or sending a letter, I'm not really sure what to do now other than wait.

    I did write a letter to go with the reply form which was on my other phone that I can't recover so i think I'll hand write it from the template and send it to them, does this seem like the right thing to do?

    Also in the letter they sent to me they state that the contract is terminated, so if they have ended the agreement then isn't there nothing left to claim from me

    I have read up on this online and it seems to be that if the contract agreement has been terminated or eneded then I have no legal obligation to them and that the ownership of the car lies with the registered owner, which is me? I'm not sure how true this is but it is a wonder, that if the agreement has been terminated then they have nothing to stand on the agreement has ended and therefore there is no agreement to refer to as to what they say I owe them

    Leave a comment:


  • Amethyst
    replied
    bump so you can find it

    Leave a comment:

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

Announcement

Collapse
No announcement yet.

Court Claim ?

Guides and Letters



Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


Loading...
Working...
X