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FCA AUTOMOTIVE SERVICES, Voluntary Termination

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  • FCA AUTOMOTIVE SERVICES, Voluntary Termination

    Hey guys,

    so I've sent the letter off, had a reply via e-mail.

    They have said,

    ''Further to your letter to terminate your contract, I can confirm that you’re eligible to voluntary terminate and the information is attached for your reference. The half total amount payable has been met and you have no value added products.

    If you would like to proceed, please confirm by phone or return email. We will then log your intention which will become irreversible in 24 hours. An email will be sent to you up to 5 working days later to confirm the voluntary termination has been processed including the next steps moving forward''

    So I replied


    ''Yes I would like to continue with the voluntary termination. However, I am under no obligation to pay any fees for the collection of the vehicle. The Consumer Credit Act 1974 explicitly states that, my liability under the agreement is limited to half the total amount payable and any terms under the agreement which imposes additional liability directly or indirectly is strictly prohibited by the Act.

    I would therefore urge you to contact me to arrange a date to collect the vehicle at the earliest opportunity.''

    They replied


    ''Thank you for confirming your intention to voluntary terminate.

    This has been logged and will be irreversible in one working day. Once processed, we will email you to confirm and also highlight the next steps in up to five working days.

    Our agents will then be in touch to arrange an inspection/collection with you. If you have concerns regarding the collection fee, you can raise them with our Fleet Operations team after the vehicle has been collected. They will write to you to confirm any charges.''


    So what will happen when i dispute the collection charges? i presume they will be sending me an invoice for them? obviously i don't want to have to pay the £70.

    Any ideas what i can reply to it?

    Thank you
    Tags: None

  • #2
    tagging R0b
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    Comment


    • #3
      Originally posted by Kati View Post
      tagging R0b
      Hola,

      im sure i can assist on this point

      So, section 99 and 100 Consumer Credit Act makes your liability very very clear, there is no requirement to pay charges which accrue after termination occurs. As a consequence it seems to me that the opponent is seeking to charge fees which are not properly payable or recoverable.

      https://www.legislation.gov.uk/ukpga/1974/39/section/99

      https://www.legislation.gov.uk/ukpga...39/section/100
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        Originally posted by pt2537 View Post

        Hola,

        im sure i can assist on this point

        So, section 99 and 100 Consumer Credit Act makes your liability very very clear, there is no requirement to pay charges which accrue after termination occurs. As a consequence it seems to me that the opponent is seeking to charge fees which are not properly payable or recoverable.

        https://www.legislation.gov.uk/ukpga/1974/39/section/99

        https://www.legislation.gov.uk/ukpga...39/section/100


        Thats great thank you, what shall i reply to that e-mail then? as they are saying that it is the fleet team that deals with that? and i have no idea who to contact. I presume they will tell me more within 5 days, but i dont want them collecting the car first then try and charge me afterwards and it effecting my credit.

        Comment


        • #5
          It's always the same case with most lenders big and small when it comes to voluntary termination. They will look to charge you fees above and beyond what the Consumer Credit Act says and insist that you need to pay as it is in your contract (which would only apply if you didn't VT and simply handed the car back at the end of the agreed period).

          Some lenders will threaten you with affecting your credit rating, others will simply give up after a while. If you are so worried about your credit rating being affected, then I would suggest you pay the collection fee to avoid any hassle and the potential option of having to take them to court over it if they do indeed affect your credit rating.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          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. 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.

          Comment


          • #6
            Thanks guys, one more question.


            They are arranging collecting with me soon, does the car need to have insurance? as it currently hasnt.

            They haven't sent me any packs to sign either luckily!

            Comment

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