Hp voluntary termination refused

**Peterblack** · 15th November 2018, 12:50:PM

I have just off the phone with moneyway and they are trying to push me to do a voluntary surrendor. Which would be 156 on top for collection of car or I take it to a specified auction place.

**R0b** · 15th November 2018, 13:36:PM

Did you receive any default notice from Moneyway or any notice of termination from them? They seem to have a habit of apparently terminating the agreement without supplying proof that the agreement was lawfully terminated and instead try to get those to voluntary surrender so they can recover the full amount under the agreement. It's fraudulent and an aggressive commercial practice if proven to be true and what's staggering is that if they apparently terminated the agreement in 2017, why have they continued to take your monthly instalments as if the agreement hasn't terminated for another 12 months?

If you never received any default notice from then I would suggest you make a subject access request to Moneyway (there is a short and long version of a template in the link in my signature below) and you should also make a formal complaint.

Can you post up the response you received from them with your personal information redacted?

**Peterblack** · 15th November 2018, 19:09:PM

Thankyou ever so much.
Do i still keep up with monthly payments.as one will be due shortly.
I will post the latest letters I had from them

Attached Files

**Peterblack** · 15th November 2018, 19:19:PM

Since this letter I paid 171 to get account up-to-date.

**R0b** · 15th November 2018, 20:21:PM

So did you receive a similar letter back in October and did you pay up? did it say anything about a default notice and if you don't pay within 14 days the agreement will be terminated?

There's some obvious gaps missing here and we can't help if you are not able to give us the full story. As mentioned earlier, its crucial to know whether you received a default notice dated on or around 5 October 2017. If you didn't then the agreement never terminated and it sounds like you may have received a similar letter which is just an arrears letter. If that is the case, then the letter sent by Moneyway is fraudulent and dishonest.

If the agreement was terminated in Octoner 2017 then the debt would have accelerated and you would have owed the full amount under the HP agreement. Based on the recent arrears letter, this suggests that the agreement wasn't terminated.

As I said above, you need to submit a subject access request to Moneyway and also a formal complaint I think. The basis of your complaint is that the agreement never terminated on 22 October (presumably you were just in arrears which was paid off in time). That should put a hold on payments while the complaint is ongoing and you don't need to pay until the outcome.

**Peterblack** · 27th November 2018, 13:46:PM

Thankyou Rob for your advice. I dont recall having a letter saying they are terminating my agreement.iv had many to say im late etc.
I have sent a letter decided requesting subject access and also made a complaint.
is it worth again sending another letter terminating my hp agreement or do I wait for a response for subject access.
do you think this will be a drawn out process.i have had to move the car as I don't want it to get damaged..many thanks again

**R0b** · 27th November 2018, 14:13:PM

A default notice letter would be the kind of letter as shown below, in that format and content. If you only received the above notices which are only notices of sums in arrears, then the contract would continue to run.

Unfortunately, it can be a long drawn out process and you've done the rights steps but I would suggest you keep pushing and take it to the Financial Ombudsman and see if they find in your favour. If not, it would be a matter of taking it to court and reclaiming all monies paid beyond the notice of termination. No need to send a second notice, your first one is valid and if the finance co. refuses to accept the VT, that could be a repudiatory breach which goes to the root of the contract.

Unless you are absolutely confident that you received no default letter from them (maybe wait for your subject access request to come through) I would suggest you continue making the repayments, otherwise you could end up with adverse entries on your credit file and perhaps court might be the only way forward at that point.

**Peterblack** · 28th November 2018, 14:36:PM

No not had one of those.

**Peterblack** · 30th November 2018, 16:39:PM

**Peterblack** · 1st December 2018, 15:23:PM

Just had info back..yes I did get a letter stating that my contract is now cancelled.

can you recommend what I can do now.
car is worth 1700..i owe 3000

**Peterblack** · 1st December 2018, 15:37:PM

Letter response

Attached Files

**R0b** · 1st December 2018, 17:31:PM

I'd still be asking for a copy of that notice which would resemble the example default notice I uploaded in an earlier post. That should be included in your subject access request documentation anyway but you should still ask them to provide a copy of it.

In the meantime I guess you continue making your payments until that document has been received.

If they did validly terminate then your VT rights are gone and you do indeed owe the £3000. you could opt to return the car to them and get them to sell it, or you can offer to sell on their behalf but if there's still 3000 left on the agreement I'm afraid that's what you owe.

It's best to get all the facts straight before you decide what to do and as I mentioned above, they should of provided you with a copy of that notice. Or you can wait until you receive your documents from the SAR