Startline Finance

[Scot-lad]

FAO Rob,

Here is today's email from Startline.....



Dear Mr xxxxx



Following on from your emails dated the 24th April 2018, the content of which has been noted; we have received your request to end your agreement, however, it seems that you have decided to take advice from a website that provides you with information that is not relevant to the agreement you have signed. Please be sure that when you are seeking advice from forums or websites available on the internet, that the advice given is correct. In this instance the information provided to you is not correct. Please ensure that you fully understand the term and conditions of the hire purchase agreement you signed with Startline Motor Finance Limited (SMF) on the 14^th September 2015.



We refer you to the term and conditions of your hire purchase agreement, specifically section 11 ‘Your right to End the Agreement Early’. Please read the entire section so that you understand why we would provide you with the following summary. Section 11.1 clearly states the following:



“You may end this agreement in accordance with the wording on the front pages under the heading “termination by you”. In which even you must return the vehicle to us at your own expense”.



In your email you stated that “It will be removed from my residential driveway and parked on the public highway, the Police and DVLA will be informed, and the insurance and road tax cancelled.”. Please note, if you do not have a fully comprehensive insurance certificate available, prior to the delivery of your vehicle you are in breach of the terms and conditions of your hire purchase agreement. Again, we refer you to Section 8 of your hire purchase agreement.



Should you wish for the vehicle to be collected you must pay an upfront fee of £192.00, this cost is subject to change, and as per the summary below you must maintain all payments until the vehicle is back in our possession.



Voluntary Termination: Under the Consumer Credit Act, you are within your rights to Voluntarily Terminate your agreement with us. To take advantage of this you are required to pay 50% of the amount payable under your agreement plus the costs of any repairs that are required to ensure your vehicle meets the BVRLA condition guide based on the age of your vehicle plus you must return the vehicle to us at your own expense. If you wish us to collect the vehicle we would require an upfront cost of £192.00, this cost is subject to change, we cannot accept the vehicle if it is a not in working order. All payments must be maintained until we are in possession of the vehicle. Any other outstanding shortfall amounts would only relate to any arrears or cost of damages. The remainder of the balance would be assigned to a debt recovery company Link financial Outsourcing Limited (LFO) and this would mean that a default would be registered against your credit file. If you remain up to date with your contractual payments and you remain liable for damages only, your credit file will not be affected.



We can instruct our agents to recover the vehicle from your home address, however any upfront fees not paid will be added to your balance and remain outstanding until paid. Please let us know if you still want us to instruct our agents to recover the vehicle.



For the reasons outlined above we are not upholding your complaint, written confirmation will be sent to you in due course. If you remain dissatisfied with our response, the next steps that you can take are outlined within this letter.



We trust the above information clarifies matters for you. Should you wish to contact us to discuss any of the above, please call our customer services team on telephone number 02920 853528, we are open 8:00am until 8:30pm Monday to Thursday, 8:00am until 5:00pm on a Friday and 9:00am until 5:00pm on a Saturday. You may also wish to contact us via email on customerservices@startlinemotorfinance.com.



Kind Regards

How do i proceed?

[R0b]

Can you post up what responses you have sent to Startline?
Also if you have a copy of the agreement you can upload (personal info redacted) that would be helpful too.

[Scot-lad]

They phoned me to discuss, and I told them I wouldn’t be returning it or paying a collection charge. I was asked to put it writing by way of email.

Quote email:-

As the 50 % VT has been accepted I’m under no legal liability to the vehicle anymore.

I am under no legal requirement to return the vehicle to you, irrespective of the original paperwork. My only legal obligations is to make the vehicle available, which I have done - the vehicle has been cleaned inside and out and I have taken many pictures of the vehicles condition both inside and out using ‘Timestamp’ app.

If I were to return the vehicle to Shotts Auction site, I am well within my rights to charge Startline reasonable expenses including fuel, and return journey costs.

There is no legal requirement for me to pay a collection charge as this then adds further costs out with the 50% VT which legally can’t be done.

The VT notice is dated the 16th April and I have intimated that I expect the vehicle to be collected and removed from my residence within 14 days.
As this falls on a Sunday, the last day for removal will be Monday 30th April.

If the vehicle has not been removed by then, then it will be subject to either:-

Removal from my driveway and parked on a public street. (Police informed)

Remain in my driveway but will be subject to £25 per day storage charges for everyday it remains.

The insurance and road tax will be cancelled from the 1st of May. ( I am under no legal liability to keep insurance/ Tax on it- it is not my liability anymore )



Regards

[Scot-lad]

This as well



Agreement No.,xxxxxxx

Registration xxxxxxx




Dear Sir/Madam




Having invoked my right to 50% Voluntary Termination under section 99 of the Consumer Credit Act I am under no legal liability to return the vehicle to you, my only legal obligations is to make the vehicle available, which I have done - the vehicle has been cleaned inside and out and I have taken many pictures of the vehicles condition both inside and out using ‘Timestamp’ app.






I will not be paying any collection fee as there is no legal liability for me to do so. Lenders can’t impose further liability, which includes collection charges, after I have invoked my right to terminate under section 99 of the CCA.







The VT notice is dated the 16th April and I have intimated that I expect the vehicle to be collected and removed from my residence within 14 days.

As this falls on a Sunday, the last day for removal will be Monday 30th April.







Yours Sincerely

Mr Xxxx

[Scot-lad]

Can’t upload the agreement, I’ll keep trying

[Phaeton]

Email the image/png/pdf to Kati kati@legalbeaglesgroup.com she will post for you, include the Subject of this thread in the email

[R0b]

If you can't upload it, you can send it by email to Kati@legalbeagles.info and she can do it for you.

I've tagged her so she knows, thanks Kati

[Scot-lad]

Ok, I have emailed it.

Just as a side note, I have no concern about what Startline do to my credit file, it is already in the red as it is due to other financial problems so it actually makes no difference with regard to this.

It would seem Startline are lurking around in here too, that is apparent from their email I’d think.

[R0b]

Kati did you receive the email from Scot-lad?

[Kati]

Kati did you receive the email from Scot-lad?

Here you go xx

[Scot-lad]

Thanks Kati

[Scot-lad]

Just noticed the personal details are still there, even though I blanked them out. No real drama as it’s my old address and workplace?

[Kati]

Just noticed the personal details are still there, even though I blanked them out. No real drama as it’s my old address and workplace?

grr ... it was coming up redacted for me too.

I've gone through it again, so hopefully it's worked this time lol x

[Phaeton]

Redacted to me

[Scot-lad]

Yes, that’s it. Thank you.

Thank you to everyone who has helped me here, I really do appreciate it. Things are pretty bleak at the moment and other people willing to help makes things that wee bit better. Thank you all.