Health check on VT and next steps

[Hammondl]

Evening,

Firstly thank you to those who have given there time and expertise on this site. I have been lurking for the past month learning from your experience and knowledge.

i have recently begun a VT process for my Audi and the process feels like I am struggling to get traction until the final email I received today and I wanted to validate I have positioned myself appropriately and some advise on how to proceed from here:

please see below a redacted transcript of correspondence:

Sent: 24 July 2019 18:38
To: Customer Services
Subject: xxxxxxxxxxx Voluntary Termination



Dear Sir or Madam,

Re: Termination of PCP agreement pursuant to section 99 of the Consumer Credit Act 1974 (“CCA 1974”)





Agreement Number: xxxxxxxxx
Vehicle Description: A4 AVNT 1.4TFSI SPT
Vehicle Registration: Xxxxxxx
Name: xxxxxxxx
Address: xxxxxxx

I am writing to inform you that I am exercising my right to terminate the above agreement with immediate effect in accordance with Section 99 of the CCA 1974. To date I have paid insufficient monthly payments to achieve half the total price payable under the agreement. Accordingly, I calculate that I will owe an outstanding amount to achieve 50% of the total price payable inline with my statutory rights. Following your confirmation of this sum I will make arrangements to settle.

I have also inspected the vehicle and I am of the opinion that it is in a reasonable condition given its age whilst accounting for fair wear and tear. Photographic evidence has been taken and I am happy to share should it be required.

Finally, I would confirm that as a consequence of terminating the agreement under Section 99 of the CCA 1974 and having met the relevant criteria under S.100(1) of the CCA 1974, my liability is limited to one half of the total price payable inline with my statutory rights.

The vehicle is available to collect and I would expect for you to make arrangements to recover the vehicle.

I am purchasing a new vehicle from Cambridge Vindis Audi to meet my future family needs and would offer for this to be the collection location: 83 Babraham Road, Cambridge, Cambridgeshire, CB22 3AY.

I would appreciate if you could contact me on xxxxxxxxx or via response to the email address within the next 14 days to discuss the next steps.

Yours faithfully,

X

to which I received an email asking for personal details so I called to resolve and finally received this email 30 July 10:13.

Good Morning Mr X,

Thank you for contacting Audi Financial Services regarding a voluntary termination.

Please find further information on our voluntary termination procedure below:

 Voluntary terminate
o To voluntary terminate your agreement; you would be liable to pay up to 50% of the total amount payable, plus any arrears on the agreement.
o The shortfall to reach 50% is: £1,393,22, this will reduce as you make your monthly payment; in 4 months there would be no shortfall.
o You will remain liable for any shortfall or refurbishment/excess mileage costs.
o If you wish to voluntarily terminate your agreement, you can do so by requesting a form from us.

Should you have any further questions, please feel free to contact us.

I responded:

Sent: 30 July 2019 11:28
To: VWCV Finance Customer Services
Subject: Re: xxxxxxx - Voluntary Termination



To whom it may concern,
As previously stated I understand and agree to the need to pay the outstanding shortfall to reach 50%. Thank you for confirming this figure.


I would confirm that as a consequence of terminating the agreement under Section 99 of the CCA 1974 and having met the relevant criteria under S.100(1) of the CCA 1974 that the previous email is sufficient written notice and would request that you make arrangements to collect the car from the agreed address within the next 14 days.


As previously stated I have also inspected the vehicle and I am of the opinion that it is in a reasonable condition given its age whilst accounting for fair wear and tear. The car will be available for inspection from Wednesday 31st prior to collection at the prior stated address. Photographic evidence has been taken and I am happy to share should it be required.


I would welcome an invoice for the outstanding shortfall following inspection of the vehicle and confirmation of its condition.


Finally, I would confirm that as a consequence of terminating the agreement under Section 99 of the CCA 1974 and having met the relevant criteria under S.100(1) of the CCA 1974, my liability is limited to one half of the total price payable inline with my statutory rights.

Regards

x

to which I have now received this:

Good Afternoon Mr X

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

Please be advised that in order for the voluntary termination to be viable 50% of the financial balance must be cleared prior to collection. The current shortfall is to the amount of £1,393.22.

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.

Alternatively if you wish to send this via post, you could do so by using our postal address:

Customer Service Centre
One Delaware Drive
Tongwell
Milton Keynes
MK15 8HG

Kind regards

I am unsure how to proceed/respond and to ensure I protect my rights as if I email the other address am I accepting the term of the attachment which includes mileage?

[Hammondl]

Audi Voluntary Termination Info Pack.pdf

[Hammondl]

R0b if you have time I would welcome your view on the above.

[Hammondl]

Was feeling itchy so sent them the following email:

To whom it may concern,


I am disappointed that as per Section 99 of the CCA 1974 and having met the relevant criteria under S.100(1) of the CCA 1974 that my email of 24th July which constitutes sufficient written notice has not been accepted and actioned appropriately.

I would also bring to your attention that despite sufficient written notice as required within the above statutory requirements further payment has been taken from my account on 1st August for 349.99.

I am sure the intent was not to breach my statutory rights by failing to accept the unilateral right of Voluntary Termination or to illegally take payment following exercising this right.

As such I would offer you take the appropriate actions in response to my above complaint and as previously stated I will make payment of the outstanding interest to equal 50% minus the payment taken on 1st August (1,393.22 - 349.99 = 1,043.23) prior to you collecting and inspecting the car as per my previous emails (despite any legal or contractual requirement). And expect you to make arrangements to collect the car within the next 5 days.

Thank you

X

[R0b]

Hello

Sorry I have missed this amongst everything else I look at.

I don't think it is quite clear what your letter is about other than collecting the car within the next 5 days.

The aim of the game is to get VW to confirm they have received and accepted your notice of termination. Their template that they've sent to you already contains the information you provided in your letter so you have no obligation to return that - it is no doubt a deliberate tactic to stall or even prevent the hirer from exercising their right because of the hassle of completing the questions. We all know on a general level, the more you have to do the less likely you are going to bother because it is seen as hassle.

Assuming your letter was intended to say the direct debit payment was unauthorised, you could contact your bank to get them to repay it under the direct debit scheme. However, you will still owe the money in any event so that is a decision you will need to make yourself.

As for not collecting the car until the 50% is made, that's just plain rubbish and I don't expect them to make arrangements either so you are back to square one since you didn't qualify your request with the consequences if it was not collected. So you'll need to give them further notice once that date has expired and then tell them what the consequences will be.

Collection of the car is not subject to you paying 50% that's probably their policy or some customer service advisor making it up as he or she goes along but it is neither a legal requirement nor should you really agree to it. For every day that the car is in your possession you are responsible for looking after it and, logic dictates that the longer you are in possession, the more risk it poses to you if the car gets damaged.

After the 5 days, you have some options:

1. Inform VW that they failed to collect the car and they now have until X date (usually 14 days is considered reasonable) to collect it otherwise you will be cancelling all tax and insurance on the vehicle and (if it is parked on your drive) the car will be parked on your street. All further liability after the expiry of that date falls to VW and you accept no risk or losse to the vehicle.

2. Inform VW as above and keep chasing playing letter tennis until one of you gets bored and gives up.

3. Do nothing until you pay the 50% and then arrange to collect.