VT'ing car on 7th, MOT due on 14th?

[PaprikaSkin]

Hi, as the title states I am about to VT my car as it is getting a struggle financially, my only concern is the MOT runs out on the 14th, will I have to pay for one?

I will be paying this months insurance but then a cancellation fee too which won't be cheap so will I have to pay for an MOT too?

[R0b]

Re: VT'ing car on 7th, MOT due on 14th?

Hello, is there any reason why your going to VT on 7th and not now?

Your only obligation is to ensure the car remains in a reasonable condition, if no MOT comes with the car then it may be argued that the car is not in a reasonable condition. But that's not correct as they would have to prove it was beyond wear and tear and not, and I would still expect them to claim for it.

Has the car been regularly serviced?

[PaprikaSkin]

Re: VT'ing car on 7th, MOT due on 14th?

Hi R0b, sorry I forgot to mention a few things, the reason is because that's when I will reach the halfway point as stated on my agreement.
I do plan on writing a draft VT letter and posting here, hopefully someone could give me some pointers as looking through these posts the finance companies can be hard work!

Currently the car is MOT'd but it is due a renewal on the 14th, I have no problems with it passing just it is extra money I could do with keeping.

And yes, just had it in for service.

[seduraed]

Re: VT'ing car on 7th, MOT due on 14th?

have you paid 50%?

[R0b]

Re: VT'ing car on 7th, MOT due on 14th?

You don't need to pay 50% before you Vt, you can do it at anytime during the agreement, your liability is set at 50% so if you terminate earlier then you have to make up the difference. As for the MOT its entirely up to you, if the car has been recently serviced but no MOT then you will need to prove that it was in a reasonable condition. Having no MOT is not the be all end all, its about taking everything into account. It is up to the Lender to prove evidence that it was in an unreasonable condition and an MOT only guarantees that on the day of it being tested that its in a roadworthy condition

[PaprikaSkin]

Re: VT'ing car on 7th, MOT due on 14th?

Hi seduraed, my payment due out of the 7th will take me over the 50%.
And R0b thank you for the reply, do you have any ideas how I could provide proof?

[R0b]

Re: VT'ing car on 7th, MOT due on 14th?

Have a look at the link below under "4. FAQ's - The lender has sent me a bill for damages to the vehicle"

http://www.legalbeagles.info/forums/...on-Your-rights

There is no one set rule, but keeping the car in good condition and taking photographs of the car before it is handed over can help substantiate your claims. If they are to say that the engine or other components are beyond wear and tear because of the MOt then they will need to provide an independent expert report which of course they won't as its going straight to auction and the report itself will sometimes cost more than what they are claiming.

If you aren't going to pay for the MOT then I would suggest to them in your letter of VT that the MOT runs out on 14 this month and urge them to collect before then. At least you put them on notice if they fail to make any arrangements, but there is no issue in writnig to VT now then paying up the remainder in due course.

[PaprikaSkin]

Re: VT'ing car on 7th, MOT due on 14th?

Ok thanks again, I will get writing a draft tonight after work using a template from here and will include about the urgency of time.
I think the closest auction to me is Manchester which I wouldn't mind dropping off to be honest if it means less hassle.

[PaprikaSkin]

Re: VT'ing car on 7th, MOT due on 14th?

Do you think this would be suitable? I took the template and tweaked it a bit.

Dear Sir / Madam,

TERMINATION OF AGREEMENT PURSUANT TO S.99
OF THE CONSUMER CREDIT ACT 1974

Agreement number:
Registration:

I am writing to notify you that I wish to invoke my statutory right under section 99 of the Consumer Credit Act 1974 and hereby give you notice that the agreement is terminated effective immediately from the date of this letter. Please confirm by return acknowledgement of this letter and to make arrangements for collection of the vehicle.

The condition of the car is noted as being in a reasonable condition for its age and photographic evidence has been taken in the event of any future dispute as to the condition of the vehicle. The vehicle’s MOT is due to be renewed on the 14^th of November so I urge collection to be arranged before then. You can contact me on [EMAIL] to arrange a time and date as I know getting this matter resolved quickly is crucial.

You will be aware that the Consumer Credit Act limits my liability to half of the total amount payable under the agreement but excludes any sum payable as a penalty, compensation or damages for a breach of the terms of the agreement. Such terms imposed are inconsistent with my rights under the Act and are therefore deemed void and unenforceable.

Yours faithfully,

[NAME]

[PaprikaSkin]

Re: VT'ing car on 7th, MOT due on 14th?

Hi, I sent the letter off last week and according to royal mail tracker the letter still hasn't been signed for, I'm guessing I will just have to pay for the MOT and send them a new letter of the change (so there is proof)?

[Dog855]

Re: VT'ing car on 7th, MOT due on 14th?

Hi not sure if I'm doing this right ,first time on a forum.I have been reading your posts ,and have vtd my car last week, the car is out of mot and they are saying that I can't hand it back without an mot, having read your posts, this doesn't seem to be the case,I have used your template letter to vt the car, they are saying the information I have is wrong..... it doesn't state anywhere on my agreement that the vehicle has to be handed back with a valid mot.My question is after having left it for a few days do I now contact them saying I will notify dvla that I am changing ownership back to them, and will subsequently be parking the car on a public road, I have had to cancel the insurance but the car is still taxed till the end of the month.I don't seem to be getting anywhere with the call handlers just going round and round in circles, just to add I have not long had the car serviced, and it is in good condition although it does have an engine management light on, having said that I have paid £1100 over the 50% of the agreement, any help would be appreciated .