VT Vehicle Appraisal Question

[John2122]

Hi all,

I have started the vt process with Retail Money LTD (Ratesetter). They called an advised me I need to fill out a vehicle appaisal form and take pictures of damage and scuffs and e-sign it. This is done through a website called vt-validate.co.uk.

My vehicle is in pretty good condition with the exception of alloy corrosion which was present when I purchased the car so I'm not too concerned about there being too much damage.

My question is should I complete this form/questionnaire or not?

Edit: They have also advised me I only have 7 days to complete this which I found a little strange.

[ostell]

So you wrote the VT letter to them?* The contract is now ended.* You now contact them and tell them to pickup the car.

[John2122]

Hi Ostell, I emailed them with the template from here and advised them to contact me within 14 days to collect the vehicle. They responded with a phone call trying to persuade me to pursue other avenue of which I refused, then they advised me to fill this thing out.

[ostell]

I'm far from the expert on this so the real experts will come back in.* The contract is ended, they have to pick the car up.

[John2122]

Any idea who the best person to tag is? I've heard R0b* is the best around

[R0b]

It's not your duty to do the appraisal really, but that's down to you. There's no obligation and I suggest you read the VT Guide which explains all of this.

[John2122]

Thanks R0b, I have read the guide. I had a quick look at the self appraisal and I think it's best I don't do it. The website they have given me to complete it on is asking me to confirm all kinds of thing and requires a signature to complete it. Obviously I don't want to agree to pay them anything extra.

the link to the appraisal expires in 6 days and I gave them 14 day notice to collect 2 days ago. In your opinion am I better to email them and explain I'm not going to do it or wait the 14 days and see what happens?

Thanks

[R0b]

So politely respond to them and say you don't accept some of the statements you have to agree to as part of the appraisal so they will need to collect and do their own.

*

[John2122]

Hi R0b.

I have been back and forward with the finance company. Basically they are saying it is a requirement to fill out this survey/appraisal and accept the terms and conditions of it. As this has been going on longer than a month the next payment date has arrived. I cancelled my direct debit after sending the termination letter which stated "terminated with immediate effect". They are saying I still need to pay or it will go down as a default on my credit file as nothing has been formally agreed.

Where do I stand with both of these?

[John2122]

So I have had phone calls from them this morning and they have told me they wont collect the car until I do this survey as its their requirement. I replied by stating I won't be doing it as I'm not required by law to do anything futher than send the letter to cancel the contract.

There saying once my account goes futher into "arreas" they will repossess the car.

Am I doing the right thing by fighting this?

[R0b]

Collecting the car is not the same as accepting the contract as being terminated. However, based on what you've described it seems they are treating it as the contract still continuing.

Really its up to you as to whether you want to complete the survey or not. I don't know what the survey says or does but all I can suggest is that if the survey or the terms require you to accept liability then you might want to be mindful of completing it.

The other question is, are you prepared to fight it and, if necessary, take it to court. If you haven't got the cajones to take it all the way then you may also want to consider doing the survey and having them collect the car.

They can repossess the car, that's what you want don't you? I don't see the difference between not collecting it without the survey but threatening to collect it if you don't agree to it and then place you in arrears. I see that as bullying tactics really.

You have 3 options, claim repudiatory breach of contract, continue to rely on your VT right under s.99 or complain to the Financial Ombudsman.

I've given an explanation of what repudiatory breach means in this link at post #4.

I really suggest you keep your responses in writing, but whatever option you take, I think in your letter you need to make it clear that you are of the belief that they are not accepting your termination notice unless you complete the survey because if they argue that wasn't the case and you have no evidence to prove that, then your job is going to be much harder.

[John2122]

Thanks R0b for your reply.

Let's say I agree to complete this Appraisal/survey thing, am I then going to be liable for this months payment? Seen as I did not complete it a month ago?

[ostell]

Make sure you cross out and initial those statements on the appraisal you don't agree with. You have ended the contract so why should you be paying?

[R0b]

Thanks R0b for your reply.

Let's say I agree to complete this Appraisal/survey thing, am I then going to be liable for this months payment? Seen as I did not complete it a month ago?

Well no you shouldn't because you still validly terminated the contract in accordance with the CCA. Of course if they try to pursue you resulting in an adverse marker on your credit file. I would see that as a very easy claim for breach of data protection for inaccurate data. Termination of the contract and completing the survey are not mutually exclusive.

[John2122]

Their recovery company has called to arrange collection of the vehicle on Monday. He told me I will need to sign a VT letter the finance company have given him. Will crossing through bits I don't agree with along with my signature stand up legally should it go any futher?