PCP Voluntary Termination - Worried about inspection

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Hi there
I wonder if anyone could provide any advice. This forums seems like a great place for information on these concerns so I thought I'd post.

I have voluntarily terminated my agreement and the collection company is due next Wednesday. The finance company have already tried to charge me for collecting which thankfully I have managed to get them to waiver.

The clause in my agreement is the usual 'as long as the car is handed back in reasonable condition then there will be no extra charges'

They are stating that I will be subject to pro rata excess mileage charges which i also plan to dispute if they try to charge for. I am just slightly over my allowance as it stands.

The thing which is of most concern is that the collection company (auction group) collecting the car will expect me to sign to agree to the charges and condition on the day of collection. They have advised that if I refused to sign if I do not agree with the condition then there will be cancellation costs.
This does not sound right to me and I will be very hesitant to sign anything. Where do I stand as regards this is this sounds very assertive and in a way is backing me into a corner surely?

My second worry is that they will also expect me to sign off for excessive mileage charges however I do not want to sign for this as I plan to dispute this.

If anyone has been in this situation or could please advise I would be massively grateful.

[R0b]

Re: PCP Voluntary Termination - Worried about inspection

Nobody can force you to sign any paperwork. If they insist, then ask them to point out what section of the Consumer Credit Act says you are legally required to sign their paperwork, because it doesn't. So on that basis they can't refuse to collect the car and hold you liable for cancellation fees because you refused - all smoke and mirrors really.

If the agent from the auction refuses to collect the car, I would just say that's fine, and you will write to the lender giving them 14 days to arrange collection or you will consider the car as being abandoned and you'll sell it yourself. You have a legal right to do so under section 12 of the Torts (Interference with Goods) Act 1977 (see below).

If the bailee -

(a) has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his intention to sell the goods under this subsection, or

(b) has failed to trace or communicate with the bailor with a view to giving him such a notice, after having taken reasonable steps for the purpose,

and is reasonably satisfied that the bailor owns the goods, he shall be entitled, as against the bailor, to sell the goods.

You are now a bailee (lender being the bailor) because the goods are not yours and you are holding them involuntary after termination of the agreement. So there are ways to force the lender to collect and there has been some success in using this route, presumably because they don't want you selling the car as you can deduct any costs involved in selling it.

Just make sure to take photos inside and out, I'd recommend timestamping them with an app on your phone so no dispute as to when they were taken. Take copies of all servicing receipts, MOT's, repairs etc. as proof the car has been looked after and returned reasonably.

[Ads22]

Re: PCP Voluntary Termination - Worried about inspection

Nobody can force you to sign any paperwork. If they insist, then ask them to point out what section of the Consumer Credit Act says you are legally required to sign their paperwork, because it doesn't. So on that basis they can't refuse to collect the car and hold you liable for cancellation fees because you refused - all smoke and mirrors really.

If the agent from the auction refuses to collect the car, I would just say that's fine, and you will write to the lender giving them 14 days to arrange collection or you will consider the car as being abandoned and you'll sell it yourself. You have a legal right to do so under section 12 of the Torts (Interference with Goods) Act 1977 (see below).



You are now a bailee (lender being the bailor) because the goods are not yours and you are holding them involuntary after termination of the agreement. So there are ways to force the lender to collect and there has been some success in using this route, presumably because they don't want you selling the car as you can deduct any costs involved in selling it.

Just make sure to take photos inside and out, I'd recommend timestamping them with an app on your phone so no dispute as to when they were taken. Take copies of all servicing receipts, MOT's, repairs etc. as proof the car has been looked after and returned reasonably.

So I have every right to refuse to sign and to not pay the cancellation fee? Ultimately at the end of the day I do not want debt collectors at my doorstep. Id imagine they try this tatic to scare you into signing?

If there is any item on the car that refuse to accept as above fair wear and tear what would the best course of action be? Can I request evidence of the repairs or evidence that those items will affect the vehicles value at auction? The fair wear and tear term seems very flimsy to me and id expect the finance company will rinse me for all I got. Can they also get you to sign for excess mileage on the day of collection.

[R0b]

Re: PCP Voluntary Termination - Worried about inspection

There's nothing in the CCA that suggests you owe anything more than 50% of the monthly instalments, and making sure you take reasonable care of the car. Debt collectors will not turn up on your door, I think you mean bailiffs but they will have to have taken you to court and then failed to pay if you lost before any bailiffs would be instructed.

Reasonable wear and tear is subjective and a number of factors taken into account. Auction is not the best place to sell a car but is the fastest, so arguably if the lender sod it privately they would stand a better chance of getting a higher value, hence the sale of the car is not an indicator of its condition.

Excess mileage, no they can't though they may pressure you into signing or if not they won't collect and threaten to charge a cancellation fee. All smoke and mirrors