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Half way rule

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  • Half way rule

    Hi I'm new to this site I would really appreciate help, advise with my issue. I'm giving my car back the finance company (Barclays) I've paid the 50%... They sent me a voluntary termination pack to fill in.... I've read I shouldnts fill it in.... Citizens advice said I should.... As per terms and conditions. .. and also advise me not to cancel my direct debit or I could end up i court.... I would appreciate all advicr, thank you
    Tags: None

  • #2
    tagging R0b ... one for you I think xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    Comment


    • #3
      http://legalbeagles.info/forums/foru...ent-*UPDATED*=
      The information I supply is provided for informational purposes only and, should not be construed as legal advice.

      Comment


      • #4
        Basically you use the VT template that is available on this site rather than the one they have supplied. Basically because the one they supplied could commit you to other charges that are not necessary.

        Once they have received the VT notice then the agreement is not more and therefore no need to pay any more. Either send signed for (but this often does not seem to work!!) or send first class with free certificate of posting from a post office with delivery assumed to be 2 working days later. Do sign it as some companies refuse to cancel if there is no signature.

        But wait for R0b to respond first

        Comment


        • #5
          Thank you so much. They stated on the letter they sent me that if I don't sign the letters that they sent me by the 1st of august they would assume I've changed my mind!!!! What if they don't acknowledge my letter before then? Will I cancel my direct debit? Next one is due the 3rd of august.... They say I could end up in court if I cancel my direct debit

          Comment


          • #6
            Hello Barclays are a right pain in the backside these days and use aggressive practices to try to coerce you into trying to sign their documentation.

            Could you upload the letter that you receive from them - personal info redacted.

            Also, did you write to Barclays to terminate or just call them up?
            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
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            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


            • #7
              Thank you for your reply, I phoned them and also sent a letter, I got the template for this letter online, I've attached the letters I received plus the lrlett that I sent them
              Attached Files

              Comment


              • #8
                Have I uploaded these ok? Just to confirm I called Barclays first to inform them I was doing doing a VT that's the reason they sent me the VT pack and following that phone call i sent the letter... when I received the pack from Barclays I phoned them to ask if they received the letter and they said they haven't a

                Comment


                • #9
                  Well firstly, your notice of termination is not valid because you have referenced Section 63 of the Consumer Credit Act 1995 which is actually Irish legislation. The correct legislation is section 99 of the Consumer Credit Act 1974.

                  This is a prime example that you should not just simply copy and paste something from the internet without fully understanding what you are doing because if you get it wrong, you could be in serious trouble.

                  I would suggest you resend the correct notice of termination, by post and email to Barclays. You can find a template for this by going to the link below.

                  http://legalbeagles.info/forums/foru...tter-templates
                  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


                  • #10
                    What a mess!! I'll do that tomorrow using the correct template. Will I need to carry on making my direct debit payment until they state that they have received it? Thanks again for your reply.

                    Comment


                    • #11
                      So send it signed for (and it just might work) or get a certificate of posting from a post office to show that you sent it. You could also send an email and set up to receive acknowledgment that it has been received.

                      Comment


                      • #12
                        Thanks so much for your reply. Can I please ask again when can I stop paying the direct debit for the car?

                        Comment


                        • #13
                          Depends when you intend for the agreement to terminate. The template letter says the agreement will terminate with immediate effect so I would allow 48 hours after that to ensure the post arrives - better safe than sorry.
                          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


                          • #14
                            Thank you for your advise it's very much appreciated.

                            Comment


                            • #15
                              Update!! I received a call from Barclays today stating that they received my VT notification I explain that there was an error on the letter and the correct one had been posted today recorded delivery..... He said that even with the incorrect information they are happy to progress with it.... And asked if I wanted the car collected.... He went on to discuss the £150 fee for collection o informed him that not obliged to pay this....he then discussed holding this off and taking it off as interest..... I didn't understand this and continued to tell homthiah.... He then stated this would be done as a good will gesture bit wanted to make me aware of cost that Iay be obliged to pay.... Again I asked him to confirm that they received notification which he did and confirmed that I wouldnt pay the £150.... Again I told him that I didn't understand alot of what he was saying and asked him to put it in writing, he stated that the phone was an awareness phonecall.... I told him I would be filling out any paperwork they sent me and he said that the collection company would be calling me in 48 hours to arrange collection.

                              Comment

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