Hi,
I'm seeking advice on voluntary termination of my car.
I'm dealing with Hyundai Finance (in reality Santander Consumer Finance).
They are insisting I pay a collection fee of £70 for the vehicle and are stating this is legally binding as it is in the contract I signed (finance agreement of the PCP).
I quoted section 173 of the Consumer Credit Act 1974 to them - "Conflicting contractual terms are void and not enforceable" and stated any additional fees above and beyond the 50% are not legal.
They are claiming they have been given permission by the relevant body to charge this fee?
I have therefore asked for proof in writing of this alleged permission.
They then stated they would go ahead and instruct their agents to collect the vehicle but the £70 would be added to my account and non payment would result in a default of payment being raised on my credit file.
I refused to accept this charge and insisted they go ahead and collect the vehicle and they are now claiming they will do so and treat the £70 as a separate issue until the matter is resolved, and in the interim will write to me confirming the 'proof' of permission for collections fees has been agreed.
My question is, has anyone heard of this supposed agreement (I'm guessing with the financial ombudsman) for collections fees to be agreed in addition to the 50% or are they talking twaddle?
Any advice appreciated.
Cheers,
Bob.
I'm seeking advice on voluntary termination of my car.
I'm dealing with Hyundai Finance (in reality Santander Consumer Finance).
They are insisting I pay a collection fee of £70 for the vehicle and are stating this is legally binding as it is in the contract I signed (finance agreement of the PCP).
I quoted section 173 of the Consumer Credit Act 1974 to them - "Conflicting contractual terms are void and not enforceable" and stated any additional fees above and beyond the 50% are not legal.
They are claiming they have been given permission by the relevant body to charge this fee?
I have therefore asked for proof in writing of this alleged permission.
They then stated they would go ahead and instruct their agents to collect the vehicle but the £70 would be added to my account and non payment would result in a default of payment being raised on my credit file.
I refused to accept this charge and insisted they go ahead and collect the vehicle and they are now claiming they will do so and treat the £70 as a separate issue until the matter is resolved, and in the interim will write to me confirming the 'proof' of permission for collections fees has been agreed.
My question is, has anyone heard of this supposed agreement (I'm guessing with the financial ombudsman) for collections fees to be agreed in addition to the 50% or are they talking twaddle?
Any advice appreciated.
Cheers,
Bob.
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