voluntary termination consumer credit act - Please help

[03murrayj]

My partner got a vehicle through finance, it was a Hire purchase loan or c

she has had the vehicle for 1.5 years and the finance was for 3 years.

she has around £2000 left on the loan - now over the 50% marker

recently the engine exploded and police and fire brigade had to be called out due to oil being everywhere in the road.

i was reading the the contract and states that under the consumer credit act 99, she can return the vehicle half way through your contract providing you took reasonable care of the vehicle. The car was well maintained and MOT showed no advisory's. apparently this is some what a engine fault by Toyota Possibly but are currently awaiting to hear back from them.

finance are refusing the vehicle back stating we would have to pay all costs for engine.


currently

1. finance company refusing to take car back under consumer credit act section 99 wondering if the company is saying "complaint" rather then dealing with it as per consumer credit act to try and dodge the question.

the finance company keep beating around the bush advising she owns the veh but when challenged stating they own vehicle until last payment they back down and then say its general wear and tear. my partner has only done 7850 miles when she got the car and the clock is at around 52000 so the car is hardly old

2. Once they officially reject and send a formal reply apparently then ombusman can get involved http://www.financial-ombudsman.org.uk/

3. Awaiting to hear from toyota engineer however was advised over the phone by there head office that it was not a car under this list of fault/recall engines.
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Finance company have advised they have sent a final letter stating the closure to the "complaint" and the reasons why. they advised what was written over the phone but are yet to receive the letter. when we have got this letter we are then allowed to get ombudsman involved

however i was advised to send the S99 leter ASAP

we have now sent a letter stating

1 November 2017

Dear Sir/Madam
Voluntary termination of agreement
Account No: **********************
Car make/model/registration no: Toyota/Aygo/************
I am writing to notify you that I am exercising my right to terminate the above agreement under Section 99 of the Consumer Credit Act 1974.
I understand that I will owe you for the amount calculated under the formula in Section 100 of the Consumer Credit Act 1974.
Please send me details of how the vehicle can be returned to you.
Please confirm receipt of this request by Email to me on *********@yahoo.com.
I look forward to hearing from you.
Yours faithfully
************##



however i have seen a better template on this lovely forum i have now come across that i wish i sent that instead.

please can anyone help with the situation

[03murrayj]

Re: voluntary termination consumer credit act - Please help

they have also replied regarding my complaint stating

the complaint has come back from the finance stating


in reply to your complaint


(finance company) we are unable to uphold the your decision due to all the reasons below
investigation which was carried out, a significant factor when considering a claim or complaint of faulty goods regarding how long the goods have been in the customers possession,(finance company) liability is the finance provider & the motor dealer has liability of the supply of the goods or faulty at the time of sale or near after. you purchased the used motor vehicle on march 2016 therefor you had use of this vehicle for aprox 1 year 7 months. you have in that time covered approx 11000 mile and passed it last test MOT history shows it passed its last test with no advisory's . bearing in mind the length of time you have owned this vehicle and the mileage covered and the fault now identified this would mean it would have failed its last MOT. I can only summaries that the vehicle engine fault would fall under the categories of the way the car was driven, maintenance and general wear and tear or a combination of all three.


we can not offer any financial assistance with this.




the MOT was from a very well known garage and the car has infact only done 7850 miles


would you still advise to stick to the S99 CCA ?