Barclays Partner Finance. VT nightmare

[Roc]

I’m new to the forum.....please be gentle...took on board all the advice given on this great forum regarding Voluntary Termination. Sent the VT template letter recorded delivery ending my agreement on 6th December 2019. Confirmed receipt by telephone. Received phone call stating I had not quite paid half. Completed bank transfer for amount owed calculated by them to complete half payment on 13th December and cancelled DD. Offered to take to local auction but their preferred auction was some 40 miles away and not serviced with public transport so asked if they would pay my expenses or alternatively if I could deliver to auction house less than a mile from my home. They kept insisting I pay them £150 collection fee which I refused as per advice on forum. Numerous phone calls from myself attempting to sort this out. On 24th December I called again with no joy at which point I informed them I would transfer ownership via dvla to them to allow me to recoup some money from road tax and also cancelled insurance for same reasons. I specifically asked for this to be noted on their system. The car has been sitting in my driveway ever since. I have had several telephone conversations with them since and am constantly being advised by them that my complaint is being dealt with. I have consistently advised them that I have never lodged a complaint with them. I received a call from them Last week advising that a final decision had been taken and that I had to pay the £150 collection. I argued the CCA case on what appeared to be a brick wall and was advised a letter would be sent out explaining it. I requested they include a copy of any signed document where I agreed to this. Today I received a letter from them, not about the collection fee, an advice of arrears, no detailed breakdown. I believe I have completed my liability with regard to the CCA by paying half, the car is immaculate and no additional mileage on it. I also should stress that I have NEVER defaulted on any credit in my whole life and have just discovered that my credit score has been affected by this as they are claiming I have defaulted on the last three payments. I am only in this position for the first time ever as I was made redundant six months into my agreement. I struggled but managed to pay every payment up until halfway and at 63 years old am having panic attacks due to BPF’s stance. Sorry for the length of this I just feel it necessary to give as much information as possible. Any help or assistance would be very much appreciated as I am no expert.

[pt2537]

Hi there

Welcome to the forum.

Blimey it seems that youre having a real nightmare with this. There is no requirement to pay additional costs, this is clear from the 1974 Act, sections 99 and 100 specify your liabilities, you do have to make the vehicle available for collection or return to a local venue but you certainly do not have to travel 40 miles and hitchhike back.

You really have two main options here, either complain to the Financial ombudsman service, personally i think they are hopeless, like a wet flannel or the alternative is to take this to Court. That is if Barclays wont act reasonably and deal with the disposal of the vehicle

[R0b]

Hi,

Please make sure to break up your wall of text when posting as its difficult to read and I'm less likely to look at it.

So just to confirm:

The car is still in your possession
You have notified the DVLA that BPF is the registered keeper
You haven't paid the £150 collection fee
There is an adverse entry on your credit file (please confirm if it is a late payment, default or something else)

I think we need to see the letters too so we can understand what exactly BPF are saying. There has been a couple of recent threads where BPF have walked back on the position your in around the credit file saying it is a mistake and everything is automated but from the sounds of it, you need to make a formal complaint setting out the issues and how you want it resolved - I would be pushing for compensation since your credit file is affected. If you still get no joy then the next step is to take it to the Financial Ombudsman.

Alternatively you can skip all of those steps and send a letter before action for breach of data protection and negligence resulting from the incorrect reporting on your credit file.

In the meantime you need to consider whether you are going to continue holding the car or you can rely on the Torts (Interference with Goods) Act 1977 to give them notice that unless collected you will dispose of the car or you can leave it on the public highway at their own expense.

Suggest you have a read of my VT guide on the link below, it should have everything you need.

https://legalbeagles.info/forums/for...on-your-rights
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[Roc]

Thank You for your prompt and reassuring replies.

The letter today starts.... “This Arrears Notice is given in compliance with the CCA 1974 because you are behind with your repayments.”
It goes on to state....”If you want more information about which payments you failed to make, please get in touch with us.”
I suppose the obvious question is why not include the breakdown in the letter.

I am considering sending a SAR to them using your template as a guide for all voice recordings and data?

i presume I should draft out a letter of formal complaint to them? All advice appreciated here as it is becoming a bit overwhelming for me. Should I be considering involving a Lawyer and would I be able to reclaim the cost of doing so?
Many Thanks.

[Roc]

Any advice on how to put up the letters on the forum?
Would a photo with personal details redacted be ok or simply type out the content?
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