Volantry Termination problems!

[Pav_978]

So I decided to VT my car with 'the car finance company' after being stuck with the past code system and massive monthly payments.
I spoke to a lady on 22nd sept she said yes I can terminate as I'm over 50% and not in arrears and was sending me a 'pack to sign' which I never actually received. After reading alot of posts i knew i didnt need to sign the pack to vt. So I used you template and sent it recorded deliver they received this on 27th sept.
After no response I emailed to find them adamant I couldn't vt unless I signed the pack and they wasn't prepared to accept my written notice. If stated to them many of times that I know I don't need to sign and that of done everything I need to do. So yesterday the lady emails to tell me if I don't sign they will repossess the car... A) can they do that after iv vt? Even though they are saying they won't accept my written notice. B) can they repossess when I'm 26months into a 48 month contract? I also cancelled all future payments because my understanding was that once they received my VT letter I was no longer liable for the car or payments. Can someone please shed sone light on this or any advice? Iv tried searching the forum but arnt finding any case that's similar to mine?
Thanks in advance.

[Kati]

Re: Volantry Termination problems!

one for you [MENTION=71570]R0b[/MENTION] xx

[R0b]

Re: Volantry Termination problems!

Hello,

Can you copy and paste the email that the employee sent you? Who is the lender in this?

[Pav_978]

Re: Volantry Termination problems!

Good afternoon

Thank your for your email

If you do not sign or accept the liabilities, you payments will still be due, if they are not paid this will be up for repossession and you will be liable for the full finance, if you sign and Voluntary Terminate the contract your liability is £0.00

Kind regards

The company is the car finance company. As far as I'm aware they have gone into administration. I even had my contract out and even there it says written notice.
Thanks for the speedy response.

[R0b]

Re: Volantry Termination problems!

Ah yes, I think someone else had a similar issue with these guys previously. Is the company's full name The Car Finance Company (2007) Ltd ,if so they haven't filed for administration on companies house and are actively trading.

Your starting point is to make a formal complaint against them and start that process off. Perhaps a fairly strongly worded response to them might suffice but they might not react. I wouldn't worry too much about those threats for repossession, let them take it since the agreement is cancelled and I would love to see them take you to court for the remaining balance of the finance.

Let me have a think and I'll provide an example response, though if you want to do it yourself that is fine also.

[Pav_978]

Re: Volantry Termination problems!

That would be great. Thank you so much. I really appreciate that. My husband saud they same about letting them take it but I'll be honest I'm a full time worker with 2 small children and don't want the hassle or stress of that. Just want the whole thing dealt with as quickly as possible.
Really appreciate you advice & fast response.

[ostell]

Re: Volantry Termination problems!

They do need a signature but it doesn't have to be on their form. As they have received the form then you will be hassling to arrange pickup. Be sure to take photographs of the car just in case they claim defects. You don't have to to sign the form when they pick up the car if there are other conditions on it.

[Pav_978]

Re: Volantry Termination problems!

If taken about 50 pictures because iv read people have had problems there aswell. I downloaded the time stamp app too so there all time and dated.

[R0b]

Re: Volantry Termination problems!

Good afternoon

Thank your for your email

If you do not sign or accept the liabilities, you payments will still be due, if they are not paid this will be up for repossession and you will be liable for the full finance, if you sign and Voluntary Terminate the contract your liability is £0.00

Kind regards

The company is the car finance company. As far as I'm aware they have gone into administration. I even had my contract out and even there it says written notice.
Thanks for the speedy response.

Evening,

Here's an example response, perhaps a bit on the strong side but you can adapt it to suit your needs.

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


Dear Sir or Madam,

I am writing further to your email dated [DATE].

I am somewhat surprised by the contents of your email in which you suggest that I must sign your documentation otherwise the rental payments will continue to become payable and if I fail to pay, you will repossess the car.

I refer you to section 99(1) of the Consumer Credit Act 1974 (the ‘Act) which explicitly states that I am lawfully entitled to terminate the agreement provided that notice has been given to [COMPANY]. The right to terminate is not conditional upon signing your paperwork nor does termination of the agreement require your consent; it is an indefeasible right. My duty to give notice to [COMPANY] was discharged when I gave notice on [DATE] explaining that the agreement would be terminated effective from [DATE].

If, however, you believe that this is not the case, please could you direct me to the relevant provision under the Act that permits you to prevent termination of the agreement. As to your claims of taking the vehicle, I refer to the above in that the agreement is no longer in force. You are therefore free to collect the vehicle by contacting me to arrange a time with reasonable notice. For the avoidance of doubt, I have paid [£amount] and thus paid more than half the total amount payable and in which case, no further rental instalments are payable.

Should you continue to pursue me in signing your documentation when I am not legally obliged to do so, I will construe your conduct as harassment and contrary to the Consumer Protection from Unfair Trading Regulations 2013 and I reserve the right to bring a claim against [COMPANY] which is actionable through the civil courts.

Please treat this letter as a formal complaint and I expect a response within 8 weeks, failing which I will follow up the complaint with the Financial Ombudsman Service.

I look forward to hearing from you to arrange a suitable time to collect the vehicle.

Yours faithfully,

[NAME]

[Pav_978]

Re: Volantry Termination problems!

That's great. Thank you so much. I'll look forward to there response. 🖒

[Pav_978]

Re: Volantry Termination problems!

So they sent me an email to say they received my complaint and called this morning. Basically saying it's there terms and conditions I sign the form. I argued with him and he said until i sign i cant VT. He said they will repossess it and I'll be liable for the rest of the finance. What now? He said if the cars in good condition why won't I sign it. 😣

[R0b]

Re: Volantry Termination problems!

Well what you need to do is get that in writing so you can make a formal complaint to the Financial Ombudsman. Rather than getting phone calls from them you really need to be getting it all in writing from this point forward. All well and good having a conversation, but if you have no record of it, then its a he said she said situation.

If you sent the email above, then it clearly sets out that you wish for it to be treated as a formal complaint. I would be inclined to send another email and confirm what was discussed over the phone - I would suggest that you tell them all future correspondence must be in writing and any attempt to make contact otherwise will be considered harassment. You might also want them to confirm that what they said on the phone is their final response so that you can pursue the matter with the FOS.

Or the alternative is to simply send them the template letter that if the car is not collected within 14 days, then you will deem that it is abandoned.

You can't win with stupid and I don't have anything further to add really until they either collect or they provide you with their final decision so you can go to the FOS about it.

Few choices, but up to you which route you want to take.

[Pav_978]

Re: Volantry Termination problems!

Honestly why are they making it so difficult! Iv had my contract out and in there just states written notice which I did. But he's saying untill I accept liability it can't be terminated. It's infuriating.

[R0b]

Re: Volantry Termination problems!

The lender is not the decision maker and as I've said termination is not contingent upon them accepting it, so there's no real need to get yourself in a tizz about it all. It is annoying and frustrating but there are methods out there that you can use to solve the problem as per the above.

[Pav_978]

Re: Volantry Termination problems!

Thank you.