VT Skoda/VW Finance - first reply contains GDPR breach?

[Bronwyn]

Last week I emailed VW Finance to notify them I wished to VT my car. I used the template letter downloaded from this site, and have definitely paid over half of the total amount of the vehicle. I'm also under the pro rata mileage allowance.

The first response from VW Finance was an autoreply email, saying that they would endeavour to respond within 48 hours, and saying that if I provided the following information, they would be able to deal with my query as soon as possible

Agreement in the Name of:
Agreement number:
Full address and Postcode, both currently and at time of agreement:
Date of birth:
Monthly direct debit amount:
Date we take your monthly rental:

Do I need to provide that information in addition to the information given in the VT letter? Am I also correct in thinking that I can legally cancel my direct debit payments now that I've given VT notification (the DD is due tomorrow). My agreement states that I should continue to insure the vehicle up until it is collected.

Yesterday I received a confusing email from VW Finance. Firstly, the subject header was 'Request for Change of Payment Date', and the body of the email was addressed to my name, and again asking for the above information. Attached to the email as a forwarded message, were the details of a completely different VW customer! This is a very clear breach of data (I now have this person's name, email, phone number, address, date of birth, bank name, date of payment and agreement number) so I have responded asking them to contact me ASAP to explain this, and to also reassure that my data has not been shared.

This is the first time I've VT'd a car, so I'm posting here to log the timescale, and to check with the community that I'm complying with necessary legalities. I wasn't expecting a data breach to be my first response ....

Feel free to comment below with answers/suggestions.

[R0b]

The VW auto reply would be considered as an acknowledgment that your VT notice was received, regardless of whether anyone looked at it.

Strictly speaking your payments are not due until tomorrow so you could cancel your direct debit but be aware, it would not surprise me if VW made the point that you should be liable to pay for the next instalment - you've really left it at the last minute so you can only have yourself to blame with the hassle that comes with it. That said, instalments are due and payable on a fixed date each month so until that date comes, you have every right to terminate and cancel all further payments provided you have paid any outstanding arrears and met the 50% mark.

As for the data breach, you might as well report that to the ICO and let VW know what you have done - maybe then they will react a bit faster.

[Bronwyn]

Since my last post, I've spoken to customer services at Skoda Finance, who were very very apologetic about the data breach, and assured me that I would not need to make any further payments, so I could cancel my DD.

Today I have received the following email from the VT department:

Thank you for your recent communication in relation to Voluntary Termination of your agreement.

In order to process your Voluntary Termination request please find enclosed a Voluntary Termination information pack. It is important that you read this, as it details key information that you will need to know regarding the Voluntary Termination process.

Please be aware that voluntary termination is irreversible and should you choose to proceed there is no option to reinstate your agreement or keep your vehicle.

If you decide to go ahead with terminating your agreement, you will need to complete the below template and return this email to VoluntaryTerminations@vwfs.co.uk

We will then instruct our agent (British Car Auctions) to inspect and collect your vehicle.

Name:
Agreement Number:
Registration Number:
Contact number:
Alternative contact number:
Email address:
Will the vehicle be collected from the address we currently hold on our system? If no, please specify the collection address:	Yes / No
Please confirm that there is a valid MOT certification, road Tax and Insurance for the vehicle:	Yes / No
Reason for Voluntary termination request:
I confirm that I have read the Voluntary Termination Information pack enclosed and understand that termination is irreversible and there is no option to reinstate my agreement or keep my vehicle.	Yes / No

Once we receive the template from you with all of the required information completed, your request will be processed and you will receive confirmation of this in writing within 5 working days.

It's now 11 days (7 working days) since my template letter was delivered. I believe I am not legally required to sign anything, that my letter is sufficient. However, if signing expedites this process and doesn't alter my rights, should I just sign it?

[Bronwyn]

Here's Skoda's VT pack

[Bronwyn]

Further update - I replied to Skoda's email with some of the info required - basically I omitted to give a reason for VT, and did not confirm that I'd read the enclosed pack but instead that I was aware of my rights under the CCA 1974, and again confirming that I sent formal notice of my VT on 19th July.

I've also telephoned Skoda CS to confirm this has all been received, and that my VT has been actioned (and back-dated to the 19th July). I've also asked for confirmation that the VT department have instructed BCA to contact me, and are not waiting for me to sign their letter. The very helpful CSA said he would deal with this personally and call me back by lunchtime tomorrow.

As my insurance policy runs out next week, I was hoping to have this sorted by then; unfortunately it looks as if I'll have to take out temporary cover on the car to take me to the collection date.

[Bronwyn]

Latest update - later on the 30th July I had further emails from Skoda as follows:

I understand you do not wish to sign the Voluntary Termination pack . Please can you confirm you have read the Voluntary Termination Information pack attached and that you understand that termination is irreversible and there is no option to reinstate your agreement or keep the vehicle. Excess mileage and refurbishment charges will be applicable as per the terms and condition of your agreement.

Once we have received confirmation from yourself we can then process your termination.

To which I replied:

I understand that VT is final, and I have indeed read the VT pack. I can also confirm that the car will be returned in a reasonable condition, as per the CCA 1974.

I received confirmation of the VT by email immediately following this, and the following afternoon I received a text from BCA containing a weblink to book the inspection/collection. As the earliest date available online was after my insurance was due to renew, I contacted BCA to ask if there was any possibility of an earlier date. VERY helpfully, they managed to squeeze me in earlier, so my inspection and pick-up is tomorrow. My car is currently having a mini-valet, and all relevant paperwork is collected ready (V5, two keys, service book, locking wheel nut). I'll be videoing and photographing the car tomorrow morning (with date stamps) prior to the inspection.

One thing I'm not fully clear on - presumably I'm obliged to sign the inspection report tomorrow. What if I disagree with any suggestions of damage? (I am under the pro rata mileage).

[R0b]

You aren't obliged to sign anything - I suggest you (re)read my guide and you'll find answers on that specific point.

If you disagree with anything on the report you should mark your disagreement for each bit of the damage recorded. Agents have began to update their paperwork so there is now an option to tick a box that you dispute the damage report and then sign your name.

One thing you should do, get a copy or take a photo of the report. It is almost always the case that the initial damage assessment differs from the second assessment prior to auction, you will be invoiced for it and the finance co. will expect you to pay.

[Bronwyn]

An update:

A chap from BCA arrived early on the 6th August to inspect the vehicle. His first comment to me was that if only every car he inspected was in such good condition that mine was in (and then recounted horror stories of damage/soiled nappies left under seats etc.). After inputting all small stone chips/other minor paintwork and alloy 'damage', his tablet suggested a 'refurbishment cost' of £78 (plus VAT). This was due to:

Wheel LHF - scratched - spoke damage - S1 (Refurb Wheel) - £36
Qtr Panel LHR - 1st scratch per vehicle - Less than 10mm through top coat - S1 (Touch in & flat/polish) - £21
Door Mirror Housing RH - Scratched - Less than 25mm through top coat - S1 (Touch in & flat/polish) - £21

I didn't sign anything at all from the first inspection, nor the second smaller one when the driver arrived to collect the vehicle, so 'NP' (not present) was noted on the reports.

On the 19th August I received the invoice for end of contract charges of £93.60 (including VAT). My next step is to use the template letter and dispute these charges, as it falls into the CAP condition of 'Clean'. I realise that this is a low amount to dispute, but my main reason for returning the car was as a change of circumstance means I can no longer afford it. I hope that Skoda agrees to drop these charges.

[Jamesaudi]

Hi, first time poster - Bronwyn, very interesting and many thanks for submitting. My question was whether you paid another instalment or did you cancel the DD the day before? If so did they fight it?

my payment is due Monday, is emailing the completed template today and cancelling the DD going to work out? Again - very late in the day but had to get the car back from a few touch ups before I felt safe to email!

Rob - many thanks for the info here and elsewhere.