Voluntary Termination - Please Post the Outcome of your case.

[JoBrindle21]

Do you have a link to it?

A consumer says that she wasn’t aware that the finance agreement had a mileage cap (financial-ombudsman.org.uk)

Try this

Thanks

[R0b]

Do you have a link to it?

[JoBrindle21]

New reference case on the FOS website regarding an example and out come for a case were a customer complained about excess mileage.

[jor76]

Hi all, some good news!*

Having spent a good 18 months arguing to and fro with BMW FS I can confirm the mileage charges have finally been dropped and the adverse entries to my credit file have been removed.

This essentially came down to me accusing them of coercing and falsifying my finance documents. As R0b has mentioned multiple times, the people that read and respond to these letter are most likely low-level customer support workers with no real awareness of 1. The law, and 2. How to counter concise arguments, thus going on the offensive and dropping themselves in it.

I won't go into the details but I am more than happy to supply you with my correspondence should you wish to see it.

Keep plugging guys - you will get there eventually!

I would really like a copy of your correspondence too as i am still fighting BMW 4 years later!
Thanks
Jon

[Jester6881]

So just wanted to share some good news rather than the horror stories that some people appear to have had with Voluntary Termination.

Finance is with Barclays Partner Finance.

September 2020 and I'd paid 50% of the total value ( including interest ) so I thought I'd look into the option of Voluntary Termination.

I've a young family so money is tight and we decided to drop down to 1 car.

I used the templates on here to send a recorded letter and backed it up my email to the recovery team which Barlcays supplied to me.

I received documentation through the post. I filled in the document giving the information of the car but didnt sign.

2 options were given either collection of vehicle or I could take it to the nearest Manheim auctions. Decided to take it to the auctions as it's only 40 mins away.

Before I did, gave it the best clean inside and out.

Dropped the car off at the auction on 13th October without any issue.

Before leaving the car park took loads of pics including one of the V5 as I needed that to tell the DVLA that it's not my car anymore and assigned over to Barclay Partner Finance.

Took a few days to appear on the website but was well chuffed to see it had been graded as a grade 1.

Couple of weeks later it wasnt on there so I presume it sold and somebody got a bargain.

I'd send an email every week to Barclays confirming the steps I'd taken and asked for written confirmation that I no longer owe anything ( again using the templates available on this site )

Received written confirmation on Friday 13th November ( yes, I know ) that I didnt owe anything further and my credit report will now reflect the debt is paid and settled.

Checked my credit report today and shows exactly that.

I wanted to share some positivity here as I was preparing for a battle before I started this process.

Key points I've learnt - keep records of everything including pictures, dates and times.

Use the templates and advice given.

Dont panic, just have a bit of patience.

Thanks for reading, best of luck and stay safe

[remlap1440]

Here is my success story against Volkswagen financial services (VWFS)

Putting it in bullet points helps to keep the timeline straight and simple, but this was anything but. Once or twice I thought it would be easier just to give in, but each time I pushed on. I would advise everyone else to do the same. Take stock, get advice, push on!!


November 2015
Bought a new Audi A3

September 2018
Gave notice to VWFS that contact was to be VT'd
Car was picked up late September and "initial" report from BCA who collected car showed no damage

October 2018
Received a letter from VWFS stating that balance was £0
Received a second latter later in the month stating we had excess millage and refurbishment costs of £803.18

November 2018
I wrote to VWFS telling them that the "invoice" was denied as we had paid 50% of credit, as per agreement

December 2018
Received a further "invoice" from VWFS, stating I was in arrears and implied they would mark credit file
Wrote back to tell them again that the "invoice" would not get paid and to inform them that they could not mark my file as I had paid VT'd car and paid 50%
Received a "final response" from VWFS this time with a second inspection report, stating that I would need to pay the balance of £803.18

January 2019
Came onto legalbeagles and found the star that is r0b
I referred the case to the FOS with the following points
- Why two very different reports, with different "damage", millage, dates, tyre treads
- Why were VWFS threating to mark my credit file
- Why after VT of the agreement and paying 50% was VWFS still chasing me for money
Wrote to VWFS to inform them I was proceeding to the FOS

February 2019
VWFS passed the debt to a debt collector breaking Financial Ombudsman rules in still perusing debt when case is with FOS
I then added this to the complaint against VWFS

For the next year
I would received a letter every 3 months from FOS stating they were still investigating

March 2020
Via the FOS, VWFS offered to waive the excess millage charges
I rebuffed this as it didn't take into account the refurbishment charges or debt collect issue

July 2020
FOS investigator came to the conclusion that VWFS should waive the excess millage, but upheld part of the damage and said the VWFS should be able to break Financial Ombudsman rule and chase me for debt
I was give 7 days to respond, so I sent a holding letter stating I would be back in touch within 28 days
I then sent a response that I would accept the outcome the excess millage, but that I wanted an Ombudsman to rule on the other points

August 2020
Received a decision from the Ombudsman. At the 11th hour VWFS decide to waive the millage and the damage/refurbishment costs. The Ombudsman also ordered them to pay £100 compensation for distress and inconvenience, clear any marks on credit file, and to write

October 2020
Received £100 from VWFS and case is closed

[cturn93]

VT with Santander Consumer Finance (SCF)

Background
42 month PCP, paid 28 months (28 instalments) and was just under 1 instalment less than the half way VT point (£319.80 early termination liability). Mileage was over the pro-rata allowance at this point by around 4,500 miles (SCF charge 15p per mile) so was expecting a £675 excess mileage charge.

Timeline

29/09/2020 - Submitted VT letter via mail and email (using template from this website) to SCF. Explained in the letter that I was facing financial hardship due to the COVID-19 situation and being furloughed (which I still am), under CONC 7.3, they are required to treat customers fairly and give due consideration to their current financial situation.

30/09/2020 - Received a confirmation of request to VT from SCF.

02/10/2020 - Received a letter for outstanding Voluntary Termination Liability (£319.80). Called SCF and paid this liability plus the £70 collection charge for the vehicle as nearest auction site to drop off was quite far.

02/10/2020 - SCF instructed Crystal Collections to recover the vehicle and sent a text message to confirm this.

05/10/2020 - Received a call from Crystal Collections to book in vehicle appraisal. Booked in for 09/10/2020.

09/10/2020 - Crystal Collections representative arrived and did an appraisal on vehicle, no damage to note and I refused signature anyway (although they didn't ask for one on the tablet and would just put an X in place as this was their procedure during the COVID-19 pandemic).

17/10/2020 - Letter received from SCF (dated 13/10/2020) stating that the VT process is now complete and I have no further liability outstanding. So no excess mileage charges!

All in all, very easy process with SCF and only took 18 days in total from start to finish.

[ostell]

Hi there,

unsure if anyone can help me. i previously called BPF about VT and i was told that my type of contract does not allow this!? i was not aware there had to be a specific type of HP to be able to request VT. I have recently lost my job and trying to look for new work and just need all the help i can get.

thanks in advance.

What does your agreement call it?

[ostell]

As you have VTd there is no contract between you and Santander to continue

[footix]

Hi,

I was in the process of voluntary terminating my agreement with Santander Finance but my situation has now changed and I no longer want to terminate my agreement and I want to keep the car. Santander are now saying as the paperwork has gone to Crystal Collections I cannot cancel the request. Where do I stand legally on this. I have signed no paperwork or confirmed any dates and times for collection with Crystal Collection. Please can anybody help!!!

[NJ2707]

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!

Hi there,

unsure if anyone can help me. i previously called BPF about VT and i was told that my type of contract does not allow this!? i was not aware there had to be a specific type of HP to be able to request VT. I have recently lost my job and trying to look for new work and just need all the help i can get.

thanks in advance.

[xs2man]

Hi,

I sent a letter based on the template here to VWFS in response to a charge of over £600 for excess mileage following a VT. They told me they were dealing with it as a complaint and had 8 weeks to respond to me.

In that time I have had a letter from them telling me my account is in arrears and demanding payment and two further letters from a 'debt collection' agency demanding payment. They did not provide me with a final answer within 8 weeks.

I have now received their final response (more than 8 weeks later) claiming the charge stands as I signed an agreement agreeing to not exceed 10,000 miles a year. How do I respond to this?

In addition to this, their final response came in an email thread from another customer! I now have the email address and phone number of someone else disputing an amount with them which is clearly a breach of GDPR. I will be reporting them for this.

I really don't want to pay them £600, what are my next steps in fighting this please? Thanks.

Firstly, welcome to the forum.

I'll start by saying that this is a thread for results to be posted, not really for asking for advice. There is plenty of information on the site to help you go through the steps in fighting this. I suggest having a look around the site first, and then if you are still unsure, then start your own thread.

That does seem like a serious breach of GDPR though, and so you should rightly report them.

Finally, I am no expert. But in my experience of BMWFS happily trashing my credit record for 4 years now, with no sign of them taking me to court over it, you have to decide for yourself what tolerance you have for a fight, and how willing you are to carry it through. A matter of principle is a matter of principle, for sure. And why should you pay a charge you do not legally have to. But unless you are willing to take it all the way, including taking them to court, and having your credit report trashed in the meantime, you have to decide how willing you are for the fight. Knowing then what I know now, I may have paid the £600 just to put it behind me. But just be aware, they may well be happy to drag this out. I wasn't available for taking them to court previously, so this is partly my fault. But they are happy to sit on it.

[Amandaj101]

Hi,

I sent a letter based on the template here to VWFS in response to a charge of over £600 for excess mileage following a VT. They told me they were dealing with it as a complaint and had 8 weeks to respond to me.

In that time I have had a letter from them telling me my account is in arrears and demanding payment and two further letters from a 'debt collection' agency demanding payment. They did not provide me with a final answer within 8 weeks.

I have now received their final response (more than 8 weeks later) claiming the charge stands as I signed an agreement agreeing to not exceed 10,000 miles a year. How do I respond to this?

In addition to this, their final response came in an email thread from another customer! I now have the email address and phone number of someone else disputing an amount with them which is clearly a breach of GDPR. I will be reporting them for this.

I really don't want to pay them £600, what are my next steps in fighting this please? Thanks.

[Llleonidus]

Sent the template letter off to close brothers finance, ignored their pack that they sent me, They sent a nice chap around to check the car over, after i spoke to him for a while and offered him a cup of tea, he admitted to me that he has to find as much damage as possible and that he was already up to £2100, baring in mind the car was immaculate. There were light wear and tear scratches that you couldn't even see on camera, so i done something that had never been asked of him before, i asked him to get the damage value up as high as he possible could, to which he seemed amused and agreed, the car value was around £3000 he left with damage valuation of £4600 on a car in perfect condition for its age.

So then the fun and games started, they called me up and basically started having a go at me that the car was in such bad shape and this is not acceptable and i couldn't VT, i sent them pictures and a video of the car which was ignored. After 2 weeks went by i called them i told them i would be moving the car from my property and untaxing it, they said that it was still my responsibility and i would be liable. i told them as far as i was concerned they have failed to collect their car and stated the part of the contract that said i do not own the car. I then down loaded a car report app and filled out my own car damage report which i got my friend to sign with his phone number on which had a damage value of £80. they contacted me and said this was excepted as a value report and they collected the car ( i cant believe they bought that), and that was that. they did try and send me a letter for the shortfall on the car which was lost at auction, i simply replied and said that is an unlawful charge and i never heard from them again.

[Kotya]

So, the finance agreement with Santander has now been closed. The final liability left is £70 collection fee which I know I could dispute but I have accepted it right from the beginning and will pay. Due to covid situation I was expecting to pay my finance agreement for at least another two months before car is collected but they were very well organised with collecting it so I think they deserve those £70.

Now to the slight inconveniences - few days after collection of the vehicle I’ve got in touch with Santander to check if everything is in order. The advisor said that there is outstanding liability of £315 for refurbishments. They’ve claimed that 2nd key is missing, there is damage to couple of panels, scuffed bumper and two scuffed alloy wheels. All damages have been disputed straight away and I did say that 1. Car came with one key only 2. I was not presented with damage report and while I accept that this may be due to extra safety measures imposed by collection agents due to covid, but that has nothing to do with me. If they can’t do their job properly due to the virus - they shouldn’t be doing it at all. At that point the advisor couldn’t find vehicle appraisal so we’ve agreed to get in touch again once they’ve received it. I’ve also stated that there was no new damage done to the vehicle while in my possession.

2 weeks gone by and I’ve not heard anything from Santander. Decided to ring them up again... Same story as above.

Another week goes by and I receive a letter from Santander stating that I’ve cancelled direct debit and should arrange a way to pay or my account my be defaulted (all voluntary termination liability settled by this time except alleged damages). Called them again, and this time pushed the advisor to the corner demanding full breakdown of damages, and reiterating my position regardind 2nd key and any damages. At this point I have also raised a concern that vehicle has been bought 5 tears old with 75,000 miles on the clock and that there is no handover from the point of sale to say that it was in “pristine” condition. I have mentioned it had few marks to the body work and that legally I wasn’t obliged to put in a better condition than it was. The advisor suggested that I get in touch with the original dealership for confirmation that the vehicle came with 1 key only and check if there are any pictures of the condition of the vehicle. To which I’ve replied that I have no intentions to do so as burden is with them to prove that damage was caused by me and not by the previous owner.

We’ve finished the conversation with quite a bad tone and I did say that it was the last phone call and any further communications should be done via email or post.

And today (3weeks later) I’ve received a letter saying that account has been closed and there is nothing else left to pay apart of collection fee!

My advise - don’t give up. They will try anything to get more money out of you but if you know you are right - just stand by it