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Hi i have recently voluntary terminated my HPI agreement using the voluntary termination letter. My finance company have come back saying that I have to pay £200.00 for them to collect the car or deliver to an auction house 20 miles away. I cannot get to this auction house and I wouldn't be able to get home other than by train which would incur charges of train fares etc. They are saying that under Section 100 of the Act it does not limit my liability to just half the amount payable under the agreement and that there is provision for them to increase this amount by the sum required to recompense them in the event of any reasonable care not being taken of the vehicle. The vehicle is in good condition I have photos.
They are also saying that under section 100(5) of the act it determines that where I am wrongfully retaining the vehicle (!) then any action they bring to recover the goods shall result in me being ordered to deliver the goods to them! I am not refusing to hand the vehicle over merely stating that I should not have to pay the £200.00 charge and also that I can only deliver the vehicle to an auction house on a Saturday when I can get a lift home or they must pay my charges for my train fare home as I will be stranded! They are also saying that whilst I remain in possession of the goods I am liable for cost incurred as a result of them being damaged etc. is it right that once I have terminated the agreement the vehicle is their liability?
Can anyone help please as I feel I am being fobbed off by this company and that my voluntary termination is not being handled in the right manner?
They are also saying that under section 100(5) of the act it determines that where I am wrongfully retaining the vehicle (!) then any action they bring to recover the goods shall result in me being ordered to deliver the goods to them! I am not refusing to hand the vehicle over merely stating that I should not have to pay the £200.00 charge and also that I can only deliver the vehicle to an auction house on a Saturday when I can get a lift home or they must pay my charges for my train fare home as I will be stranded! They are also saying that whilst I remain in possession of the goods I am liable for cost incurred as a result of them being damaged etc. is it right that once I have terminated the agreement the vehicle is their liability?
Can anyone help please as I feel I am being fobbed off by this company and that my voluntary termination is not being handled in the right manner?
