VTing but car insurance expiring

[MrPnutButter]

Hi R0b

Creating a new thread as requested.

I sent an email and letter on 14/05/19 to PSA Finance notifying that I was VTing, using your template. Due to PSA requesting I complete their paperwork and also questioning the figures (for some reason PSA are claiming I owe another month's payment to reach 50% but that is another matter) we've not gotten any further than that, despite my repeated requests for clarification and urging them to progress this. That's all fine enough, or at least par for the course. I have two issues though:

1. My car insurance has expired today. I pressed PSA a couple of times in the run-up to this, stressing the urgency. I'd hoped to have the car collected by now. I've let the insurance policy roll over, so another annual policy has begun. What do you suggest? Am I within rights to cancel and leave the car no longer insured, as it's PSA's responsibility? I don't really want to do something this drastic unless absolutely certain. I know there is a 14 day cooling off period I could cancel the insurance within or perhaps even cancelling now and instead taking out a month's policy only. Could I claim any additional insurance cost back from PSA? Unless this is a larger cost I will likely let it go however.

2. As PSA are quibbling that I have not paid all that is required (although I believe I have) does this mean that the VT may not actually be valid? And therefore, I will still be responsible for the car until this is resolved?

Thanks in advance for any advice you or others can provide on this

[R0b]

PSA are a pain in the backside and there's plenty of recent discussion about them on here so I'll keep my answers short.

1. As you know, Section 99 of the CCA says that you can terminate the agreement at anytime by giving notice which is both a statutory right and an express right in the contract. The wording of Section 99 is absolute which is not qualfied by any other conditions, especially by the creditor. If PSA are refusing to accept your notice of termination either because you need to sign their paperwork or pay an extra months' instalment, or both, then that is likely to be a repudiatory breach entitling you to terminate the agreement and discharge any liability. If you delay in accepting the breach (usually words but can also be conduct) you might be deemed as affirming it, losing the right to terminate - something for you to consider.

2. Provided you've given PSA plenty of notice and have evidence of doing so, I can see no reason why you can't cancel the insurance.

3. See my first point. You could argue repudiatory breach as your strongest argument since you would be entitled to a remedy for any loss sustained, usually damages. This is because that where the innocent party sustains a loss, the court will, as far as possible, compensate the innocent party as if the contract had been performed. The alternative argument to that, is the right to terminate is a unilateral one and so it did not require PSA to 'accept' it, rather when termination notice was served, it can't be revoked.

[VictorW1]

What kind of slow service do these guys have? Such companies then go bankrupt, as they lose customers. I think you're just using the wrong insurance! For example, I am a taxi driver and use a special Taxi insurance from a Total insurance company, and I am very pleased to cooperate with them, because when my insurance expired, I received a notification, and I quickly paid for the insurance, and it was immediately extended. Moreover, I find it very profitable, as in comparison with other companies I pay not much (for example, I pay only 1099 for your Toyota Prius)