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Volkswagen Financial Services

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  • Volkswagen Financial Services

    I wonder if anyone can help me with this.

    Early in 2007, I took out a Personal Contract Plan with VFS and took into my possession an Audi A4 Avant. This was being paid for by the car allowance I was getting from my then employers. The monthly payment was £545 for 3 years.

    Unfortunately, as everyone here knows, toward the end of last year I found myself unemployed. Despite this, I managed to keep the payments up on the PCP until April this year when it became no longer possible to keep up the payments.

    I kept VFS up to date with everything as it went along, but finally was forced to surrender the vehicle as there was no way I could continue the payments. They were, and still are, aware that I am currently still unemployed. I surrendered possession to them in May 2008.

    I heard nothing more about this until I received a letter from VFS yesterday. It said:

    Further to out previous letter relating to your repudiation of the above Above agreement, we now write to advise details of your quantified liability, which is £10,153.76

    Total Amount Payable £30,853.48
    Less Amount Paid £5.546.60
    Total £25,306.88
    Plus Costs of Recovering Vehicle £100.00
    Plus Selling Expenses £146.88
    Less Sale Proceeds £15,400.00
    Total Liability £10,153.76

    We now request full payment of the liability within 7 days, failing which we will instruct our legal agents to collect the outstanding debt on our behalf



    Now, obviously, I don't have that kind of money to pay them off in 7 days. If I did then I wouldn't have surrendered the vehicle in the first place - and they know that. I have not contacted VFS yet as I only saw this letter this morning (was out all day yesterday). Also, I am unsure what they mean by previous letter (unless they are referring to the one back in April that acknowledged that I wished to surrender the vehicle).

    I would like advice on how to approach this please. I am on a DMP and am considering passing this over to them to deal with. But the point is that VFS are demanding £10K off me within 7 days when they already know that I couldn't afford to pay the original £545 per month as I am currently unemployed.

    Can anyone advise on what the best course of action would be with this, what powers they have to reclaim the monies they claim is owed and what I can do.

    The staggering part is how little they sold the vehicle for (probably in an auction) compared to it's original value. But then I suppose that's the credit crunch for you !

    Thanks all

  • #2
    Re: Volkswagen Financial Services

    Have you got copies of the original agreement?

    Have you got copies of your letters to them and their response regarding surrendering the vehicle.

    Comment


    • #3
      Re: Volkswagen Financial Services

      Hi babe.

      Yes you need to deal with it like the other debts in your DMP - proportional offer of repayment.

      Either make the offer yourself or do it via the DMP company (personally I would do it myself so I know exactly whats happening).

      If they take you to court then it will most likely end up with a charge on the house and an order for installments. Its quite standard for them to ask for it all within X days then shove it to their debt collecting dept who iwll deal with the repayment arrangements.

      As your income is likely to go up soon with these jobs your initial offer of repayment should state that and that you will review it periodically with a view to increasing payments.

      You could DPA them to find out exactly how much the car sold for etc but i would suspect it to be right.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Volkswagen Financial Services

        If you want to explore the enforceability of the agreement (which i would expect to be sound tbh) to use as a lever to get installments agreed scan it up and read The Office of Fair Trading: Volkswagen Financial Services (UK) Limited (from 2002).
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Volkswagen Financial Services

          Hi Jester

          I do feel for you, this is a nightmare.

          I have had a bad run in with VWFS about 5 years ago, long before sites like LB were arround. They repossessed my VW GOLF, they are horrid to deal with. It cost me in the end a small fortune and a judgement to go with it and my solicitor costs.

          I had contact both with their solicitors and with their MD Mr Marcus, and the Finance Director all were really quite useless. I fought a long hard battle.

          I used the reconcilatory process through the Finance Leasing Association, I do not recomend that route, they stitched me up like a kipper. The judgement through this route can only be appealed through the higher courts, which is weird and only on points of law.

          Basically, how they took my car was unlawfull but no one was interested, in the truth and believe me I have a file that is overflowing. They are a big powerfull organisation and they do not loose under any circumstances.

          I really do not know how to advise you, but perhaps someone here will be able to.

          Sorry

          xxx

          Comment


          • #6
            Re: Volkswagen Financial Services

            Originally posted by PKea View Post
            Have you got copies of the original agreement?

            Have you got copies of your letters to them and their response regarding surrendering the vehicle.
            I should have everything under the mountain of paperwork that has built up over the past 12 months. I'm pretty sure I know where the original agreement is (as it should be in one the drawers on my desk where I 'file' such things !!

            I KNOW I also have copies of every letter I sent to VFS as they are all on my computer.

            I do begrudge owing money for something I don't even have in my possession anymore though !!

            I'll have a check to see what I can find over the course of the weekend.

            Ame - I will have a word with the DMP and see what they make of this. Might simply be easier to go through them (especially as VFS already know that I am under a DMP).

            Comment


            • #7
              Re: Volkswagen Financial Services

              I understand feeling crap about owing money for something you don't own any longer.

              You take out a loan to buy a car. You sell the car for half the original price and use that money to pay back the loan. You will still owe the rest of the loan.

              If the finance was by someone other than the car dealer it wouldn't be a problem in your head. Because the people chasing you for the money have the car it is.

              Thats a bit simplistic really lol sorry.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: Volkswagen Financial Services

                Just spoken to DMP and VFS.

                VFS were ok about it actually. DMP are happy to take on responsibility and we have already discussed a suitable sum of money. So am gonna pass it over to them !!

                Comment


                • #9
                  Re: Volkswagen Financial Services

                  Cool
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Volkswagen Financial Services

                    You should not be liable to pay all that on the contract you are on. I have a similar contract with RCI Financial, and it keeps getting mixed up with a HP (hire purchase) agreement. IF you were on a hire purchase agreement obviously you hire the vehicle out for (usually) 3 years then are liable to pay for the rest of the car.

                    But on the agreement you seem to have and I also seem to have mine is a 3 + 33 contract hire agreement (I pay 3 months up front, then 33 months, then just give the car back and not liable to purchase it - this car is £528.28/month)
                    That should mean you can just pay off the specified number of months you owe in your agreement and just give the car back.

                    It is VFS who then have to sell the car and take the risk of any financial short falls.

                    Comment

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