Rosierd VS Blue Motor Finance

[rosierd]

Good Afternoon. I started the voluntary termination process 1st August and sent a letter 1st Class recorded signed for and an email on the same date good old royal mail didn't deliver the letter until 5th August but I did also send another copy 5th august special delivery so they actually got 2 letters one on the 5th and one on the 6th August. In the letter, I stated I wanted to have the vehicle collected by the 31st august as the new vehicle will arrive beginning of September. All well and good so far.

I received a letter on 6th august stating they have accepted this and we were to await a phone call. However today 9th August I receive a call from Crystal Solutions (Recovery company) wanting to collect vehicle on 12th August which is much sooner than we anticipated I called them up (Blue Motor Finance) and explained I asked for collection around 31st August they stated they start it as soon as they get a letter regardless of when I dated it. I told them I would like to keep the vehicle until then of which they stated they will have to charge me for hiring the vehicle of which I stated I had made a payment August 7th so really it should cover me until the next payment date as I could have voluntarily terminated the 6th September and they wouldn't have had an issue.

Anyhow they were adamant they could charge me for 'hiring' the vehicle or they could order the court to repossess the vehicle. The vehicle isn't paramount to keep it just made it easier as two people requiring two cars with a child in the house (however partner could get the train and I can use his car) so we agreed to allow the collection 12th August, however, I stated because the termination was accepted and started 6th August and payments are due 7th of the month (7th August) technically I have made a payment after termination was accepted and so it wasn't due and could reclaim that payment they suddenly changed the tune and stated I couldn't and they would add this to any charges I owe.

Am I right in thinking I could indemnity claim the money I paid on 7th August as they started the voluntary termination on 6th August and I now won't have the vehicle as of Monday 12th August?

Any advice is helpful. I am more than happy to hand the car back early if I get the payment I made back.

R0b

[jeffster247]

I'll start by stating I have no expertise in this field, only the experience of going through a VT process twice, once with Mercedes Benz and once with VWAudi Group.

Mercedes were adamant that the date I sent and they accepted the VT communication was the date that the contract terminated and therefore I should not drive the vehicle with immediate effect . I can't recall , but this should have meant that my payments were being made a month in arrears.

VW Audi were happy to let me use the vehicle and said I should not cancel any direct debit agreements as they would use this to credit any payments I made after the VT date should there be any overlap. This in fact happened and although I had the car collected a couple of weeks after my final direct debit was taken I received a refund a few weeks later. This should have meant the payments were being made a month in advance.

Only my experience, but each time I VT'd I ordered a new vehicle also on a PCP. The dealers who were providing the new car were quite happy for me use one of their demonstrator cars for a couple of weeks to tide me over till the new vehicle was ready if it was needed.

Have you asked your new supplier if they can help you without having to resort to a hire car?

[rosierd]

I'll start by stating I have no expertise in this field, only the experience of going through a VT process twice, once with Mercedes Benz and once with VWAudi Group.

Mercedes were adamant that the date I sent and they accepted the VT communication was the date that the contract terminated and therefore I should not drive the vehicle with immediate effect . I can't recall , but this should have meant that my payments were being made a month in arrears.

VW Audi were happy to let me use the vehicle and said I should not cancel any direct debit agreements as they would use this to credit any payments I made after the VT date should there be any overlap. This in fact happened and although I had the car collected a couple of weeks after my final direct debit was taken I received a refund a few weeks later. This should have meant the payments were being made a month in advance.

Only my experience, but each time I VT'd I ordered a new vehicle also on a PCP. The dealers who were providing the new car were quite happy for me to use one of their demonstrator cars for a couple of weeks to tide me over till the new vehicle was ready if it was needed.

Have you asked your new supplier if they can help you without having to resort to a hire car?

Thank you for taking the time out to reply. It was always going to be the case I might be without a vehicle for a week or so giving it back end of august new one arriving the first week of September and I could use my husband's car so needn't worry about a hire car but thank you for the suggestion.

They received my letter the 5th and replied to me and I had their letter by the 6th and they are adamant even though I put the date I would like the agreement to end was 31st August that it was accepted on the 6th and by me keeping the vehicle or delaying returning the vehicle I am liable for hire charges or they could get a court order to repossess. When I stated that's fine if they accepted the termination (6th August) before my installment was due (7th August) I am entitled to that back as per the terms it wouldn't be 'an overdue installment' (directly taken from the voluntary termination T's and C's in my document) and I will do an indemnity claim as it had already gone out they went silent and couldn't really argue it other than to say I was wrong and they would add it to the charges.