VTtoBlackH

[kazz04]

Morning people,

I sent a voluntary termination letter to Blackhorse on recorded delivery. Then stopped the DD payment.
After a week they have said' my payment hasn't been received and to call to pay.
Can they deny, not receiving the letter? Royal mail says as they get bulk delivery sometimes, so the signature proof is not available and does not show up on their website.
Where do I stand now? BlackH says they didn't receive any letter. It took them abt 10 mins on phone to say that. So I asked for an email to email them.
Can they ask for the monthly payment which I didn't pay since I initially sent letter?? ( which was 20th, today its 27)

Thank you

[R0b]

But the whole purpose of paying for a recorded delivery is to obtain a signature, and if Royal Mail didn't do this, relying on the excuse that they get bulk delivery, then they should be held liable for any losses for breach of contract and failing to obtain a signature, unless of course they can prove a signature was received. However, that said, the Royal Mail website says that the signed for mail service offers proof of delivery and signature. So even if there is no signature, they should be able to provide proof of delivery.

When you type in the reference number online, what does it say?

Leaving the above to one side, the explanation by RM can be argued as reasonable and at the end of the day, deemed service of the letter is when it is received at the address, not the department itself. They can deny receiving it but they would have to prove it was more likely than not, never received.

If you then email them again, they could argue that the VT notice started from that date and not the date of when you sent it recorded delivery.

This is exactly why you should always look to send the VT notice by both email and post, as issues like this can arise and now you are in the position of having to argue your case against the finance company.

Up to you what you should want to do but from the sounds of things, unless it can be proved otherwise, notice of termination has been given and is therefore valid. That is assuming you sent it to the correct address, otherwise you are at fault.

[Amethyst]

You have your posting receipt and that is evidence enough that you sent the letter.

Also, you had already paid over 50% of the total credit agreement at the time you sent the letter?

You are not obliged to pay any more. It is not your fault that their postal system is pants.

( crossed posts - Rob said it better )

[kazz04]

You have your posting receipt and that is evidence enough that you sent the letter.

Also, you had already paid over 50% of the total credit agreement at the time you sent the letter?

You are not obliged to pay any more. It is not your fault that their postal system is pants.

( crossed posts - Rob said it better )

Thank you
Yes I have already paid a lot. Only 5 months left.

[kazz04]

But the whole purpose of paying for a recorded delivery is to obtain a signature, and if Royal Mail didn't do this, relying on the excuse that they get bulk delivery, then they should be held liable for any losses for breach of contract and failing to obtain a signature, unless of course they can prove a signature was received. However, that said, the Royal Mail website says that the signed for mail service offers proof of delivery and signature. So even if there is no signature, they should be able to provide proof of delivery.

When you type in the reference number online, what does it say?

Leaving the above to one side, the explanation by RM can be argued as reasonable and at the end of the day, deemed service of the letter is when it is received at the address, not the department itself. They can deny receiving it but they would have to prove it was more likely than not, never received.

If you then email them again, they could argue that the VT notice started from that date and not the date of when you sent it recorded delivery.

This is exactly why you should always look to send the VT notice by both email and post, as issues like this can arise and now you are in the position of having to argue your case against the finance company.

Up to you what you should want to do but from the sounds of things, unless it can be proved otherwise, notice of termination has been given and is therefore valid. That is assuming you sent it to the correct address, otherwise you are at fault.

Thank you Rob.
I did send the VT letter via email today, but only a copy which I posted on 20th. I mentioned on email that since you are saying that you did not receive my recorded delivery letter, I am sending a copy of it .

Royal mail tracking says: (Till today) Posted on ******post office on 20th..Then time of acceptance at postoffice. Updated on 20th.
There was no email address in any of their letters, so I have to ring them & ask for it. Email id given was a long winded one. Looks like they want me to email their complains team.
Guess I have to wait for their reply.


Thank you

[kazz04]

Hi guys,
Now they have accepted that the VT is received. They want me to fill & sign a return vehicle pack which will be posted to me.
So lets see, what's on the form.

[kazz04]

Hi guys,
Now they have accepted that the VT is received. They want me to fill & sign a return vehicle pack which will be posted to me.
So lets see, what's on the form.

HI

Blackh has sent a form for me to fill & sign which says I have to pay £75 for collection of the vehicle, If I sign it then I agree to their terms.(which asks for 1 month instalment as well).
On the phone the advisor said, I have to sign the document in order to arrange collection of the vehicle.
Can I fill the form & return without a signature?
What do I write to them?
Any advice would be appreciated.

Thank you

[R0b]

Why would you want to fill it in and return it unsigned? Either you fill it in and return it, which means you accept their terms or you don't return it at all. There is no good reason why they cant collect their own vehicle.

Their terms of asking for 1 month instalment is a new one to me. Can you post up a copy of this form?

[kazz04]

Why would you want to fill it in and return it unsigned? Either you fill it in and return it, which means you accept their terms or you don't return it at all. There is no good reason why they cant collect their own vehicle.

Their terms of asking for 1 month instalment is a new one to me. Can you post up a copy of this form?

Hi Rob

Thank you for the response.
I sent the VT on 20th September. But when I called them they denied receiving the letter. But later on 28th September they rang and said its been received & they would send me a form to fill in & return.
My direct debit date was on 25th, but I cancelled it. So the letter says I owe that amount as well. But on a call last week their advisor accepted that the records are wrong, when I pointed out that I VT' d on the 20th.
So I guess I will put it in writing that I do not owe them anything.
They said unless I send the form they cant ask the car auctions to collect my vehicle.
So do I call them and say I do not accept the terms , and not send the form at all.?
Also I just noted they have reported a late payment on my credit file. Surely this is wrong.
Also they never asked for this payment when they called, but it says I owe on the VT form they have sent.

Thank you

[R0b]

If you can prove that the letter was signed before 28 September then in my eyes, BH should not have issued a late payment notice on your credit file and they should look to removing it immediately.

Your best way of getting this resolved is to make a formal complaint and outline all of the issues, then set out what you want BH to do in order to resolve it. I would also suggest you make a subject access request and specifically mention that you want all call recordings that they have saved and on record. You should also mention the specific date and time of that call which you can use as evidence to say that their records were wrong.

BH have a habit of doing this and to be honest, it is a breach of data protection in that they have recorded inaccurate data on your credit file. If they refuse to remove it then that is aggravating matters and you should pursue your complaint to the Financial Ombudsman and seek compensation as a result.

[kazz04]

If you can prove that the letter was signed before 28 September then in my eyes, BH should not have issued a late payment notice on your credit file and they should look to removing it immediately.

Your best way of getting this resolved is to make a formal complaint and outline all of the issues, then set out what you want BH to do in order to resolve it. I would also suggest you make a subject access request and specifically mention that you want all call recordings that they have saved and on record. You should also mention the specific date and time of that call which you can use as evidence to say that their records were wrong.

BH have a habit of doing this and to be honest, it is a breach of data protection in that they have recorded inaccurate data on your credit file. If they refuse to remove it then that is aggravating matters and you should pursue your complaint to the Financial Ombudsman and seek compensation as a result.

Thank you Rob.
I sent VT letter on 20th on recorded delivery. But royalmail records don't show anything as a proof of delivery/signature on their website. Therefore I couldn't prove anything else other than I sent it on 20th. They initially denied receiving the letter when I called on the 27th. But did not mention anything about direct debit wasn't paid. So I immediately sent the copy of the letter via email. But never got an answer via email, instead got a call next day where they said they have received my VT and will send a form to fill in.
I have recorded the phone conversations.
So I will make a formal complaint to BH first.
Thank you for your help.

[kazz04]

Hi guys,
Spoke to BH today, and they said I don't owe them anything and theres no charge for collection of vehicle too.
Also when I asked where to complain about the inaccurate late payment on my credit file, I was told that will be removed .
But I think I still need to put a complain about the late payment report on my credit file, as it has an effect on my credit file and may take some time to come off. (just to make it official)

Thanks for the help guys.