Volantry Termination problems!

[Pav_978]

Re: Volantry Termination problems!

Can you point me in the direction of the template for abandoned car?

[R0b]

Re: Volantry Termination problems!

http://www.legalbeagles.info/forums/...tter-Templates

Its the last letter, you will need to adapt to suit your situation. You might want to be more generous and allow up to 28 days for them to collect which shows more than enough reasonable time before you dispose of it.

[Pav_978]

Re: Volantry Termination problems!

Good afternoon...

Thank you for your response.

In relation to your question about my final response. The email was not the official final response, however with everything we have discussed the final response will be sent via letter disclosing the resolution to your complaint. My resolution to your complaint was and explanation to why we need your signature and to confirm you allow us to collect the vehicle. The letter you sent does not confirm you accept your responsibilities and liabilities if any. As it stands your agreement is in arrears and subject to not receiving a signed letter by yourself we are able to hold you liable for them arrears.

I apologise that you feel this is taking longer than necessary. However, If the letter you sent on the 21/09 had been signed by yourself accepting liabilities (if any) collection of the vehicle would have been carried out. As explained, the signature is required and as we did not have this, the Voluntary Termination (VT) letter was required and to be signed by yourself.

As noted in my last email, I have confirmed The Car Finance Company’s stance and our resolution to your complaint is a signature on a letter confirming you accept your liabilities. As it stands your agreement remains live and any further payments due will be applied to your agreement if you do not get the signed letter back to us. If you wish to proceed with the VT, you will need to get that across to The Car Finance Company so we can proceed with the Termination.

In light of what you have just stated about the vehicle being parked on private property, subject to terms and conditions, I have to inform you, that the vehicle whilst in your possession, has to remain Insured, Taxed and MOT’d, as I can only assume, as it is parked on private property it is not insured taxed and/or does not have a valid MOT. If this is the case there could be a potential fee of £250.00, this is confirmed on the VT letter I have sent you.

In light of the above mentioned, I can confirm that the complaint file has been closed. A formal final response will be sent in due course. This will disclose your complaint about not wanting to sign the VT letter and confirming the business’s stance regarding your complaint.

Kind regards

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So this is there reply... feel like I'm fighting a losing battle. Any advice would be great. Thank you.

[R0b]

Re: Volantry Termination problems!

Like I’ve said, ping pong correspondence here and it’s up to you as to how you want to play it out. I can’t remember if you asked them to highlight where in the CCA that VT is subject to the terms of the agreement or contingent upon their acceptance.

If it were me, I would keep the response short, and tell them that it does not change your position in relation to selling the vehicle should they not collect it by the stipulated time.

They’ve suggested your agreement remains alive which is pretty ridiculous and they would definitely look silly in court but at the same time reading between the lines they might apply adverse entries to your credit file if you don’t continue to pay up or sign the agreement. If that’s the case I think you will have good grounds for being a claim for breach of data protection but that’s up to you. You could wait for them to send the final decision and go to the FOS and see what they say.

Not much more I can say on the matter. The ball is in your court.

[Pav_978]

Re: Volantry Termination problems!

I never told them about selling the car. I asked if it was there final decision and went on to say the car is parked on my drive while I'm not liable anymore. It is taxes mot'd and insured. I feel like cancelling them all if this is what there going to be like. I did mention in my email I would take it to the FOS but that seems to have made no difference to the response at all. Thanks for the speedy reply. I really appreciate all your advice.