Dog855

[Dog855]

Hi I need help with a car I have vtd, I'm just going round and round in circles with call handlers, I have used your template letter to vt the car but it has no mot on it so they say I can't vt it, although nowhere is this stated on my agreement. I'm wondering now having read other threads do I tell them I'm changing ownership back to them and park car on the road, I have cancelled the insurance, but still taxed, any advice would be greatly appreciated.

[EXC]

Re: Dog855

Hiya

I'll give [MENTION=71570]R0b[/MENTION] a shout for you.

[R0b]

Re: Dog855

Hi I need help with a car I have vtd, I'm just going round and round in circles with call handlers, I have used your template letter to vt the car but it has no mot on it so they say I can't vt it, although nowhere is this stated on my agreement. I'm wondering now having read other threads do I tell them I'm changing ownership back to them and park car on the road, I have cancelled the insurance, but still taxed, any advice would be greatly appreciated.

Hello

There is an obligation for you to keep the car in a reasonable condition whilst under your control. An MOT does not necessarily mean that the car is in a bad condition because MOT's only guarantee that they are roadworthy on the day it is taken. The lender will need to prove that as a result of no MOT, the car is not returned in a reasonable condition. This could be by way of the MOT failing the test and the necessary repairs having to be done to make it pass, they could reclaim those costs from you.

You can write to them and give them a time and date to collect the car if they don't return it then you will leave it on the a public road (if its on your drive because you no longer give permission for it to be there). Any losses suffered by them will be at their own cost. You may also want to weave in about there being no requirement for the car to be MOT'd too thats fine, but it doesn't negate the fact that they have to come and collect it.

A more aggressive approach is through the wrongful interference of goods act which gives them a number of days to collect the car otherwise it is deemed as abandoned and you have a legal right to sell it. The requirements are extremely strict so failure on your part to comply means you will be liable. An example of the letter that some posters have sent on here is below

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Dear Sir

NOTICE OF INTENTION TO SELL UNDER THE TORTS (INTERFERENCE WITH GOODS) ACT 1977

Agreement number:
Vehicle Registration:

I writing in in relation with the above matter and in connection with giving notice to voluntarily terminate my hire purchase agreement. Your vehicle is currently parked on my drive and despite a number of requests to arrange collection, you have so far refused to do anything about it. Your vehicle is no longer authorised to remain on my property and continued refusal to remove it will constitute trespass. You will be aware that upon giving my notice to terminate, a reasonable was given time to collect the vehicle however you have so far refused to do so. Although there is a dispute as regards to the condition of the vehicle, this does not negate your obligation to remove it from my property.

In accordance with section 12 of the above Act, this letter is intended to give notice that unless the vehicle is collected by [28 DAYS FROM DATE OF LETTER] December 2016, the vehicle will be deemed as abandoned and arrangements shall be made for it to be sold at the nearest auction, and I will not be liable for any losses suffered by you as a result of the disposal. Furthermore, I am rightfully entitled to deduct any costs associated with the sale of the vehicle including storage costs, and in which case, a charge of £10 per day shall be levied (beginning on the day after the date of this letter) until the vehicle is sold. Once the vehicle has been sold, I will contact you further to arrange for the remaining proceeds to be transferred to a bank account of your choosing.

In the meantime, if you would like to collect the vehicle then it is available for collection from my address at the head of this letter and I would suggest that you contact me on [NUMBER] to arrange a suitable time.

I look forward to hearing from you by [DATE].