English and Scottish Law?

[Alex McLean]

Hello,

I have just started the process of Voluntary Termination of my vehicle contract.
I received a phone call from the Finance company stating that there was a difference between English and Scottish law in this matter.
I would be very grateful for any guidance on this point of where I stand on the law of Scotland.

Much appreciated.

[R0b]

Hello, that's about as vague as it gets. Without further explanation I don't think we can assist you.

[Alex McLean]

Oops, sorry about that. Allow me to expand.............I have, as stated above, started the process of VT of my vehicle's finance. As mentioned on the forum previously by another member, I also received a call from a private number which I answered. This was the finance company calling me to tell me to either drive the car to the designated centre, where it would be scrutinised, resulting in a bill for any bumps or scratches. Also that I would need to pay £2100.00 and that would clear the outstanding amount. Alternatively, their reps would examine the vehicle at my address which would cost me a further £150.00.
When I asked the man to read the letter that I had sent, (which was one of the very helpful templates,) outlining the law and rights of the consumer in this scenario, he then said that there was a difference between the law of Scotland and that of England. I didn't comment on this because I was a bit thrown by it and I live in Scotland.
Just wondered if there was one interpretation for those living in Scotland and another for England, or is this a curveball to hinder me in proceeding further.

Hope I have managed to give you the gist of where I am with this at the moment.

[R0b]

Yeah I understood what you meant, I was waiting for the point about difference in Scotland as opposed to England.

Of course there is a difference between Scottish law and English law, but in terms of the Consumer Credit Act, it covers Scotland so there is no difference for the purposes of you exercising your VT right.

If you are unsure of something, challenge it. Ask questions if you don't understand and get them to explain, don't just ignore it, because it may come back to bite you.

Either way, I too would like to know what was meant by the person who told you that, but it sounds like the person is trying to mislead you.

Who is the finance company? Why not email them and explain the situation and get them to tell you what was meant by that point since he raised it for a reason.

[Alex McLean]

Hello Rob,

Many thanks for your prompt reply and clearing up this point. We are contracted to Barclays Partner Finance and have paid 30 months of a 48-month agreement. The problem has arisen because of a very large leap in miles due to an increase in travelling to work which can often be far from home. When I took out the agreement, the garage told me that miles really were of no consequence as they would absorb them when I bought another car from them. That is why I signed for 8k miles per year!!!! But this way, I am going to carry over greater and greater amounts of finance. I have now done 68k miles and need to very quickly resolve this. The car is in very good condition, regularly serviced with records etc. The mileage issue is the one that I fear. I understand from reading the posts that many folks come up against this issue with varying outcomes. When I initially contacted Barclays to see if they would increase my mileage allowance, (they said flatly no) they, in turn, sent documents stating that if I handed the car back, I would need to pay £2100.00, but didn't seem to make the mileage an issue.
Your help is greatly valued

Alex

[R0b]

Do you have a written record of BPF refusing to increase your mileage? Was it a recent discussion i.e. within the last month?

To clarify, are BPF asking you to pay £2,100 upfront before you can VT or are they saying that once you VT (which you have done here) you are required to pay that amount?

The excess mileage will be calculated once they are in receipt of it and an inspection has been carried out, so expect further charges to come your way.

[Glasgow81]

Hi - in terms of Scottish and English law the CCA is applied the same. I work in the personal non motor finance industry and the agreements are the same across the four nations of the UK.