VT - “Multipart”

[ajsedd]

Good morning,

I have just VT my vehicle with FCA. I had paid well beyond the 50% total so they have agreed the VT and have told me to cancel my direct debit. So far so good.*

They are telling me that I need to pay them ~£470 “contractual amount due mulitpart”. When we got the vehicle we added a service plan and also the paint protection. FCA are saying as they pay up front to the dealer for these items I need to pay the remaining amounts... everything is included in the one finance document, it is listed separately but all in one document. I have paid over 50% of the total amount listed on this agreement which includes the multipart items.*

Am I required to pay this or should it be included in the 50% total?

As expected they’re also saying I need to pay for collection unless I drop the vehicle off... am I right to believe this isn’t enforceable? I have sent them the letter from this site explaining my liability and they are choosing to ignore me; telling me I have 28 days to pay for they will put a default on file.

Any advice appreciated...*

Thanks.*

[R0b]

When we got the vehicle we added a service plan and also the paint protection. FCA are saying as they pay up front to the dealer for these items I need to pay the remaining amounts

They also paid for the car upfront too, does that mean that they're entitled to the rest of the remaining balance.. no it doesn't.

If you have a copy of the terms and conditions, upload them on here with personal info redacted and I will have a look at some point.

The latest VT guide gives you answers to all of your questions so I would refer you back to that. As for the threat of a default, did they say this in writing or over the telephone? If they do put a default on your file, you would have a relatively easy claim for breach of the GDPR, should you wish to pursue legal proceedings. Otherwise if you want to avoid any potential adverse entry, it is as simple as paying up.

[ajsedd]

Thanks for taking the time to reply. When you put it like that then no, they’re not entitled!*

Re the default they sent me an email which states the below. How would it be a breach of GDPR? Thanks again.*

*

I note that you have £472.57* remaining as the contractual amount due for Multipart . You can make this payment by calling us on the number below or by bank transfer using the attached details.

Provided this balance is settled in full within 28 days, a default will not be recorded on your credit file and only the “V” marker will show which is not adverse. You can make an arrangement to pay by calling our Collections team on*0344 561 4738*however please note that this would be reflected on your credit profile and be visible to other lenders.*







*

[R0b]

I can't see how you could have defaulted on the agreement when it has already been terminated. The alleged sums owing become a debt and enforceable once they have gone to court and obtained judgment.

A default status code on your credit file indicates that you failed to keep up with your credit agreement and missed payments. Again, how can you say that it is accurate that you are in default if the agreement has already terminated?

The terms and conditions might not allow them to terminate the "Multipart" and if they did off their own back then they are in fundamental breach of contract and you can walk away scot-free.

Even if there was a clause, you could argue its a penalty because you are being penalised for exercising your statutory right to terminate and you only terminated the HP element, not the multipart. Either the Multipart forms one single agreement or two separate. Either way, you agreed to pay monthly instalments over the term and so for them to unilaterally decide that they can terminate, is wholly unfair and one sided.

All of the above are arguments that could form a claim for breach of the GDPR and breach of contract on their part.

*

[R0b]

Look at page 12 of the attached. It tells you what each status code means on your Experian credit report.

Also page 14 that says VT code should be marked too and the account closed.