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Voluntary Termination - Please Post the Outcome of your case.

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  • Voluntary Termination - Please Post the Outcome of your case.

    We see many posters asking for help dealing with mileage charges being charged following Voluntary Termination. The majority of posters don't come back and let us know how they got on and what the final outcome was. This would obviously be extremely useful to know for others looking into dealing with the same issues, and for us to know whether any changes need making and how different finance companies handle complaints.

    If you have a thread in here and haven't posted your conclusion, we'd be very appreciative if you could let us know how it went.

    We're also interested in whether people have had their credit file damaged by going through the VT Process.

    To find your threads/posts click on your username ( top right of this page ) and click Find all Posts or Find all Started Threads under your avatar on the left of the page. Or you can post on this thread, but often when people are looking for help they will read other posters threads... and it's frustrating when they don't end with a conclusion.

    If you are looking for help R0b has made a very good outline of the current situation on Mileage Charges here.
    #staysafestayhome

    We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
    Hetty Bower

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

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

  • #2
    Suppose I'll kickstart this off with my own experience.

    Background
    I carried out a VT process with Santander around 2014-15 under a Conditional Sale Agreement. I got into a protracted back and forth conversation about the collection charge of around £75. They refused to collect the car unless I paid the agent when he came to collect and when I suggested that I would cancel the tax and insurance they decided to collect it but they were going to add the £75 collection charge to my account that would need to be paid.

    Car got collected and Santander started sending letters for recovering the £75 collection fee and I believe £40 relating to some damages of the car (which I denied entirely), I also got a notice of default sums letter and other template letters along the way but refused to pay. Then, when I was looking for another car on finance my application was rejected because a default had been recorded by Santander on my credit file. Long story short, I threatened them with legal action if they didn't remove the default and mark the account as 'settled'. They said they would but didn't and I issued a claim for negligence and breach of data protection by failing to keep my data accurate and up to date. The value of the claim was £1,500.

    Outcome
    Success. They had instructed DWF Solicitors to act on their behalf and within two weeks of me issuing the claim and before they filed a defence, the claim was settled for £1,300. DWF wanted to make it clear that Santander was of the view that they were entitled to record the default but wanted to settle to avoid unnecessary costs or words to that effect. They also wanted to gag me with a confidentiality clause in the settlement but I refused and they agreed in the end. Had to negotiate the wording of the agreement because Santander weren't prepared to remove all adverse entries when they provided me with their wording. Anyhow, I've attached confirmation of settlement below.
    Attached Files
    Last edited by R0b; 17th February 2018, 21:40:PM.
    Check out some useful guides below

    A guide to voluntary termination
    Seting aside a CCJ
    Completing an N180 Form (Courtesy of Jaguarsuk)

    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

    Comment


    • #3
      Has anyone else had a successful VT with these the finance companies?

      I'm considering it myself with BMW FS, only to read on here their appalling behaviour and treatment of others on here.

      The car is well under the mileage, but I'm going to have to get an alloy sorted and an a scratch fixed first. Sounds like I'm going to need the car in pristine condition if it's ever going to be successful.

      Comment


      • #4
        Here is my VT story with Barclays Partner Finance.

        Spoke to BPF, Confirmed I could VT and they would send paperwork for me to sign. I ignored the paperwork they sent and sent VT template letter off here in January. I emailed and posted this recorded delivery. I never heard anything from BPF so rang them and they confirmed they had received the letter and email and I needed to arrange collection {at a cost of £150) or deliver the vehicle to Mannheim Auctions.

        This is where I felt BPF were most obstructive. I rang the number supplied by BPF and spent around two hours on the phone trying to speak to the correct department. The auction house could not have been more difficult to speak to, passing me through to random departments and even telling me they don't deal with BPF. Eventually, I spoke to someone who said I would have to deliver the car to Coventry. I had requested to take it to Birmingham as this was my local auction house, but I was told they don't accept BPF cars.

        So I had the car cleaned and a repair to the bumper carried out then delivered the car to Coventry. I took 100 time-stamped pictures on my phone(paid for a 99p timestamp app) I also took a few videos. Then bizarrely the guy at Coventry just took the v5 off me (never filled any of it out and took the whole document) and entered the car on to his handheld computer and that was it. I even had to find him as he had walked off and ask him was that everything sorted. He just said that they don't process BPF cars and that the car will be transported to guess where...Birmingham!

        So when I got home I filled in the change of ownership on the DVLA website, you need some numbers off the V5 so make sure you take a picture of it and all paperwork and service history etc. I emailed BPF, to confirm the car was delivered, photos taken, using the template letter off here. Once again emailed and recorded letter sent. I registered with Mannheim auctions to view their cars and was excited to see my VT car on their website, however, it took them nearly three weeks to assess my car or even take a picture of it. I was also worried as they recorded the car as grade 4, saying it was in poor condition. This was a complete lie and fabrication, they listed it as having a strong odour, which was a complete lie. No one in my household spoke and we have no pets etc. I wonder if they say this with cars in good condition to try and claw money back, because how do you prove a smell.

        However 6 weeks later my credit file was amended and marked as VT and settled. Then a few days later received a letter to confirm the account has been closed and nothing was owed.

        Top tips, use the letters on here, email and send letters recorded delivery, DO NOT SIGN THEIR PAPERWORK. I think it sends the message that you mean business and no your rights, then I think they don't try and hassle you with spurious charges. Make sure the car is clean, I had it cleaned inside and out and it was cleaner than when I bought it, it looked really good, I think this helps when they put it through the auction achieve a better price. Repair any damage which is outside wear and tear otherwise they will pursue you for the damage. Body repairs are more affordable now if you shop around.

        Thanks to the forum members for their time and support!




        Comment


        • #5
          VT with Motonovo, 2011 car with 112000 miles

          11/02/19

          Sent VT email

          15/02/19

          Phone call arranging to collect

          18/02/19

          Received letter outlining costs etc I may be liable for if bits missing and that the collection company will be in touch shortly to arrange collection. (Already had been)

          19/02/19

          Collected car in morning, 2 wheel trims damaged (Kerb rash, £21 each)

          25/02/19

          Received a letter saying terminated with no further liability (dated 20/02/19, the day after collection). No charge for wheel trims.

          2 Weeks start to finish.

          Going to keep an eye on credit reports just in case but it sounds like i've been lucky with mine after reading others experiences on here.

          Comment


          • #6
            UPDATED: 20/08/2019

            My experience so far... I will update as I go along.

            Car well under the mileage limit, professionally valeted, looking brand new. 90+ timestamped pictures taken of vehicle.
            Couple of acceptable wear and tear on exterior, measured on timestamped pictures. Pictures of documents and accessories also taken.
            Video of car starting up, mileage in view on dashboard.

            01/07/2019:
            VT letter sent.

            02/07/2019:
            VT letter received and signed for by finance co.

            05/07/2019:
            Rang finance co. to check progress of VT.Letter is with the "recoveries team" at the moment. Advised that they may accept it or they may ask me to sign documents. Obviously I'd be very surprised if they accepted the letter without trying to make me sign the papers. Advised to ring back by 9th/10th July.
            I will ring next Wednesday.

            09/07/2019:
            Rang for an update and apparently it's been noted on my file that they have contacted a collection company to come pick up the car. Apparently I'll get a phone call in the next few days to arrange this collection. No mention of signing any documents. Seems to be going too smoothly...

            10/07/2019
            Received phone-call from collection company and have arranged for the car to be picked up in the near future.

            15/07/2019
            Collection man has been and collected the car. Marked the car as clean with no issues. Politely declined to sign as per advice. He was understanding and pleasant. Car now going to auction.

            UPDATE: 20/08/2019
            Received a letter on the 17th explaining the balance is £0 and the loan is now settled. Extremely smooth from start to finish. Was expecting a little fight but to be honest, I was quite a bit over the 50% threshold and the car was in good condition for it's age, well under the agreed mileage. I guess that's, that?
            Last edited by jackmarak; 20th August 2019, 13:25:PM.

            Comment


            • #7
              Would keep it all in writing or record the calls just in case......you don't have to sign anything as VT is done regardless of what they say, there's better ways of explaining it but will leave that to others lol, gone down the right route with the photos though....

              Comment


              • #8
                I started receiving demands for over £1000.00 worth of excess mileage charge in January after VT'ing in December.

                I ignored all the letters and then when the debt recovery company sent me a preliminary warning letter I emailed back to VW copying the recovery company in stating the legal precedents that had gone before and siting a breach in GDP law in passing my information to a 3rd party without my consent. I haven't received anything since and a recent check on my credit history shows that actually closed the account in December prior to trying to charge me for the extra mileage.

                Case closed and a big thank you for the information provided on this website.

                Comment


                • #9
                  Sweet, good to hear!

                  Comment


                  • #10
                    Originally posted by Aukey View Post
                    Would keep it all in writing or record the calls just in case......you don't have to sign anything as VT is done regardless of what they say, there's better ways of explaining it but will leave that to others lol, gone down the right route with the photos though....
                    This encouraging. I ended up taking VWFS to the FOS around April time, with similar issues. Still awaiting a reply from FOS

                    Comment


                    • #11
                      Originally posted by Bass Player View Post
                      I started receiving demands for over £1000.00 worth of excess mileage charge in January after VT'ing in December.

                      I ignored all the letters and then when the debt recovery company sent me a preliminary warning letter I emailed back to VW copying the recovery company in stating the legal precedents that had gone before and siting a breach in GDP law in passing my information to a 3rd party without my consent. I haven't received anything since and a recent check on my credit history shows that actually closed the account in December prior to trying to charge me for the extra mileage.

                      Case closed and a big thank you for the information provided on this website.
                      Still no news from VW?

                      Comment


                      • #12
                        I seen this post just as I started my VT in September with Advantage Finance. I used all the templates and read all the documents and went in prepared. Here's my story

                        24/09/19
                        VT lettter (using template here sent in)

                        30/09/19
                        Dropped the car myself to a auction site (was only down the road so I decided it is not worth the battle re collection charges). Did not sign anything as per advice on here, and handed over the keys. Car 11 years old with a few scratches and bonnet cable missing, but the engine had a lot of work done to it and was in fab condition. I also made a huge effort in cleaning the car to a very high standard. It was immaculate (I think this helps 100%, great advice!). I took over 30 pictures after the clean and videos too!

                        15/10/19
                        Confirmation from advantage that my balance is zero and they expect to report the changes to my credit report for the next run!

                        All in all, brilliant! I reckon the advice and templates on here really helped as they set the tone, portraying you as someone who knows the regulations

                        Thanks for your help R0b and everyone else who helped me

                        Comment


                        • #13
                          Thanks for the post, good to hear your experience was straight forward - a shame that the finance companies don't have a consistent approach!
                          Check out some useful guides below

                          A guide to voluntary termination
                          Seting aside a CCJ
                          Completing an N180 Form (Courtesy of Jaguarsuk)

                          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                          LEGAL DISCLAIMER
                          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

                          Comment


                          • #14
                            Hi,

                            looking for a some advice or guidance on how best to approach my current situation with Audi (VW fiance)

                            I voluntarily terminated my contract with Audi in early September and my car was collected by BCA on 09.10.19 as part of the process. I was aware that I had gone quite significantly over my mileage allowance so I knew I would receive a bill for this regardless.

                            Howver during the inspection by BCA they found £753.60 worth of estimated damage, however the two workers both stated that they were in their view within fair wear and tear standards and soft the age of the car it is in “pristine condition” (2016 Q3) they added that if Audi say otherwise then I should challenge this.

                            Today I have received my end of contract invoice from Audi with the full £753 worth of refurbishment costs being charged which when including their VAT goes up to £904. They state that the items fell below the standards of fair wear and tear. They have not broken down the charges nor have I received anything from BCA with the breakdown. My darling excess mileage is £706 plus VAT totalling £847.

                            Whilst I don’t feel I can confidently dispute the mileage (though I know on here it states otherwise) I do believe that the majority of the refurbishment costs are unfair and took several photos and videos ahead of collection to support a possible dispute.

                            if anyone has any experience with VW of this nature or step by step advice on how to challenge I would be almost grateful.

                            Thank you :-)

                            Comment


                            • #15
                              Hi LMAC,

                              As the title suggests, this thread is for posting the outcome of your case.

                              If you want some assistance you need to create your own thread I'll ask Amethyst to see if she can move yours and my post.
                              Check out some useful guides below

                              A guide to voluntary termination
                              Seting aside a CCJ
                              Completing an N180 Form (Courtesy of Jaguarsuk)

                              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                              LEGAL DISCLAIMER
                              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

                              Comment

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