• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Voluntary Termination Of Vehicle Query

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Voluntary Termination Of Vehicle Query

    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.
    Last edited by bob0411; 28th September 2018, 19:12:PM.
    Tags: @r0b

  • #2
    UPDATE:

    They have just mailed me a scanned copy of my finance agreement, stating I signed to agree the conditions.

    I don't see any evidence of permission from the relevant financial body they promised to provide?

    Comment


    • #3
      They are claiming they have been given permission by the relevant body to charge this fee?
      would you be able to copy paste exactly what they stated ?
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Originally posted by Amethyst View Post
        would you be able to copy paste exactly what they stated ?
        Sorry, this was only stated verbally over the phone by them, following my submitting the voluntary termination in writing. I asked for this alleged 'permission' in writing and all they provided was copy of my finance agreement.
        Last edited by bob0411; 28th September 2018, 19:15:PM.

        Comment


        • #5
          UPDATE 2: I received a further call from Santander Finance on Monday (from a different agent to the one I spoke to on Friday). I again stated under the terms of the Consumer Credit Act 1974 the collection charge was not enforceable and I wouldn't be paying it. They once again agreed to arrange for their agent to pick up the car and to pass my concerns regarding the collection fee on to their complaints team. The vehicle was duly picked up today (02/10), whereupon I was asked to sign the agent's paperwork which I refused to do on the grounds it would negate my rights under CCA 1974. I'm now just waiting for a decision on the collection fee issue. Hopefully they will concede that no fee is actually payable, I will update the forum once I get this decision.
          Last edited by bob0411; 3rd October 2018, 23:33:PM.

          Comment


          • #6
            Update 3: I received a letter from Santander today confirming VT has been completed and they will be in touch regarding 'next steps' . When I rang to query what these next steps are they stated the vehicle was awaiting inspection as per 'BVRLA' guidelines. I stated BVRLA applies to commercial contacts not consumer ones and were therefore not applicable, the correct benchmark is 'fair wear and tear' as specified in CCA 1974. The agent I spoke to has added this 'complaint' to my existing one regarding collection fees and stated it could be up to 8 weeks before I get a decision!

            I've therefore dropped an e-mail to the Santander CEO (found via ceoemail.com, a very useful site for raising high level complaints).

            Further updates to follow!

            Comment


            • #7
              Update 4: I received an acknowledgement e-mail from the Santander 'executive communications' team last night confirming they had received my mail and would refer my case back to their complaints team. I received a call from them this morning, Basically they're denying their agent said what they said over the phone on 28/9 and that in their view I am liable for the collection fee as this is 'separate' to the 50% threshold quoted in CCA 1974. They were also about to confirm I was liable for any damages they identified as per BVRLA guidelines but I could see the way the conversation was headed and terminated the call at that point.

              I've just mailed the executive comms team once more to express my unhappiness with the way my case continues to be handled by them and now awaiting an update from them,

              I would therefore appreciate any guidance or support the forum members can offer me in the interim.
              Last edited by bob0411; 7th October 2018, 22:27:PM. Reason: @r0b

              Comment


              • #8
                Update 5: I've received a further call today from the Santander complaints team. They have basically rejected my complaint and have stated the £70 fee in their view is legal and justifiable. They are sending me a letter through the post today confirming their decision and have advised me to contact the financial ombudsman if I wish to take the matter further.

                On a more positive note they have confirmed there are no damages payable.

                adminnsk86 can this post please be moved to the correct section?

                R0b I would appreciate some assistance on next steps.

                Thanks

                Comment


                • #9
                  Moved for you It sounds like everything is quite standard and as expected so far. Once you have confirmation of their 'decision' in writing you'll be in a position to respond. Good news on the damages
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Wait for the final decision to come through. Like any other finance company, Santander will argue that their charges are enforceable irrespective of you exercising your VT right. However, you are dealing with front line service and they will only do as they are told which is to try and recover any monies they can.

                    In fact Santander did exactly the same thing to me and tried to charge me £70 collection fee plus some more in damages to the tune of £115.00. In their wisdom they decided to apply default markers on my credit file. I then Issued a claim for breach of data protection for inaccurate data, and within 2 weeks they settled the claim for £1,300 (I was claiming £1,500) and agreed to remove all adverse markers.

                    You can read about it on the link below

                    http://legalbeagles.info/forums/foru...e-of-your-case

                    Once the decision comes through, we can work on your complaint to the FOS.
                    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


                    • #11
                      Ok, I finally received the letter from Santander in writing today - copy uploaded below.

                      I note they've completely whitewashed the comments of the original agent who stated on 28th September they had 'permission from the relevant financial body' to charge me the collection fee and would provide proof of this.

                      They're now saying she only referred me to my contract which is a lie.

                      The complaints manager I spoke to on the 9th October openly admitted she had not listened to the phone conversation from the 28th so how they can claim to have 'fully investigated' my complaint is a mystery to me.

                      The promised transcript of the call which I've now asked for 3 times has not been forthcoming, funny that!

                      There's no mention of next steps by them, i.e. a further request for the £70 fee, so I'd imagine this will be coming separately.

                      So my complaint to the Ombudsman will be two-fold, firstly that they shouldn't be charging me the collection fee at all and secondly when challenged by me they lied to justify charging this in direction contradiction of the rules stated in CCA 1974, and then repeatedly lied again claiming the agent never said this at all.

                      Would appreciate your further input R0b
                      Attached Files

                      Comment


                      • #12
                        If they haven't provided you with the call recording, I would suggest you make a subject access request which is now free of charge. They have to respond within one month and as part of the disclosure exercise, they would need to supply you with all call recordings they have available. Usually call recordings are kept for around 3 months but could be as long as 6 or 12 months.

                        If you want an example letter of a SAR have a look at my list of templates, there is a short and long version.

                        As for your complaint, you will need to fill in the FOS' complaints form (click here). It's very easy to fill in and the crucial sections are on page 3 which are what happened about your complaint, how has it affected you and what do you want to resolve it. See below some example wording for each of the three.

                        What happened:

                        I wrote to Santander on [DATE] and terminated my PCP agreement. Santander collected the vehicle but wants to charge me £70 for a collection fee as per the terms and conditions of the agreement. I disputed this charge because Section 100(1) of the Consumer Credit Act 1974 says that if I terminate the agreement in accordance with Section 99 (this section says to terminate I must give notice in writing, which I did and Santander does not dispute), then my liability will be limited to one half of the total price payable under the agreement. The definition of "total price" under the CCA 1974 (Section 189) says that damages or compensation for breach of contract are not included as part of the total price under the agreement. This position issupported by the recent County Court case Mercedes-Benz Financial Services UK Limited v Cahalane (I included the transcript) where Deputy District Judge Ellington confirmed that, amongst other things, excess mileage charges were damages for breach of contract and under the definition of "total price" they cannot be recovered when the right to voluntary termination is exercised.
                        How has it affected me:

                        This has affected me in several ways, particualrly as I am having to spend lots of time and resource responding to Santander who appear to have ignored the CCA 1974 altogether. Acts of Parliament such as the CCA 1974 take precedence over common law contractual terms. I also believe that Santander are in breach of Rule 7.5.3 of CONC because they have not provided any clear justification as to why the contractual terms overrule the CCA 1974. It has caused a great deal of stress and inconvenience to me which is why I am now making this complaint.
                        What do I want to resolve it:

                        I would like £70 fee removed and for Santander to stop contacting me with regards to the PCP agreement which has now terminated some time ago.
                        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


                        • #13
                          Brilliant, thanks R0b

                          I'll get the FOS complaint typed up and submitted this evening.

                          Thanks again.

                          Comment


                          • #14
                            R0b

                            Latest update, no response to SAR request as yet from Santander (24 days and counting) but also no further requests for payment of the £70 collection fee either.

                            I can see the voluntary termination is now recorded on my credit file but nothing adverse in there as yet.

                            I also received an initial acknowledgement from the FOS on 17/10 and a further e-mail from them today (06/11) stating they're now in touch with Santander directly and will come back to me in the next 12 (!) weeks to further discuss my case.


                            Further updates to follow as I receive them.

                            Comment


                            • #15
                              So are the finance companies allowed to mark the credit files as voluntary terminated? I thought they should only show the contract as settled?

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X