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Voluntary Termination and Arrears - well over half paid.

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  • Voluntary Termination and Arrears - well over half paid.

    Have had my request to VT of a HP agreement accepted by Moneyways and car is being collected next week. Taking care to ensure i photo everything in case of excess charges.

    Back in Jan I made a large over payment (pre-COVID when finances were good) and as a result I am well over the 50% rule figure.

    However because of COVID loss of earnings I had a payment holiday and some arrears. Despite the payment holiday and arrears, it would still mean I have paid over 50% if they were taken into account.

    Speaking over the phone they have mentioned the arrears. I have not agreed to anything and as such asked for a written statement.


    From reading CCA section 99 it doesn't specifically mention arrears just "liabilities". Am I reading it correctly to think as, even with arrears, I need pay no more as I have still paid 50%?

    Or am I liable for the arrears despite being over 50%?

    Couldn't find a clear answer in the guide.

  • #2
    any body got any ideas? Ive psid 2k over the halfway so would really like to avoid paying any more.

    Comment


    • #3
      Hello

      Link below has everything you need to know about the VT process.

      https://legalbeagles.info/forums/for...on-your-rights
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #4
        thanks rob but i have read that and am still not clear. it says i am liable for one half of the total sum and any arrears at termination. half plus the arrears is still well under what i have paid? so on that basis i owe nothing? or qm i rewding it wrong?

        Comment


        • #5
          On the front of your agreement you should see a state along the lines of the below. I've highlighted the relevant part that should help with your understanding.

          You have a right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and to half the total amount payable under this agreement, that is £XXXX.XX. If you have already paid at least this amount plus any overdue instalments and have taken reasonable care of the goods, you will not have to pay any more.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #6
            thanks for the clarification

            Comment


            • #7
              Bit of an update....

              Had the car collected, took loads of photos at same time the assessor did etc as recommended on here.

              Got the report back saying repair costs would be £160. Condition of the car was listed as CAP average inside and exterior and the damage listed was well within the limits in the CAP valuation guide for achieving the "average" assessment (in fact about half of what you can have and still be average).

              I expected them to try and come after me for the £160. Sure its not much but as posted in the VT guide on the law, I am only required to return the car in reasonable condition and CAP average is literally described as reasonable condition for mileage and age,

              So I drafted a letter based on the template but added a bit about the CAP stuff. Also asked as a chaser to get a list of arrears as they had previously failed to respond to 2 emails and one signed for letter asking for a list/statement of arrears.....

              The letter was thus:

              Originally posted by Warren
              Re: Condition of vehicle following voluntary termination

              I am writing to you with reference to the above matter and your letter dated xxxx.

              Please note that liability in relation to the alleged outstanding balance for excessive damage to the vehicle is denied.

              The vehicle was maintained in a reasonable condition throughout the period of the agreement and therefore such damage charges you are claiming would amount to fair wear and tear; the vehicle does not need to be returned to you in any better condition other than a reasonable one.

              Photographic evidence was taken prior to the vehicle being transferred to you which clearly shows that the vehicle was in a reasonable condition. The onus is on you to prove that the alleged damage caused was more than reasonable fair wear and tear.

              The CCA 1974 says that the vehicle need only be returned in a reasonable condition, The report sent by your agent to both yourselves and me clearly stated the condition of the car was CAP Average for both interior and external condition. As I am sure you are aware, The CAP assessments include grading based on age and condition. The BVRLA standards used commonly in the finance industry do not take into account age or fair wear and tear. The CAP standards do. The CAP definition for “Average” is defined as:

              · In reasonable condition given age and mileage,
              · Maximum of 8 areas/panels requiring SMART repairs to any part of
              the vehicle including alloy wheel/glass.
              · 2-5 panels that require minor bodywork repair.
              · 1 major bodywork repair required
              · V5 Present, service book partially stamped, no mileage discrepency,
              spare key present, may have minor, low-value loose items missing
              · 2-4 tyres requiring replacement
              From the assessment of the vehicle, the damage falls well within the remit of CAP average and as such is, by the very definition “in reasonable condition”. As previously mentioned, the CCA only requires me to keep the car in reasonable condition as part of Voluntary Termination. As such I further reject and deny your claim for £160 in damages.

              Notwithstanding the above, I have paid considerably over the minimum 50% required for Voluntary Termination, as such any alleged damage to the vehicle would be covered by these additional payments.

              In any event, such sums you are alleging to be owed may only be recovered by a court order only and should you wish to pursue this matter in court, your application will be strongly defended.

              Please confirm by return that this matter is now closed.


              Further to the nature of this letter, I recently emailed and written to customer services for a statement of arrears for the alleged missed payments. I have not yet had a reply. I would be grateful if you could email or post me a statement of arrears detailing the exact amounts and dates incurred.

              Yours faithfully
              The letter was sent signed for and by email. After 2 weeks of no contact resent both. Both were signed for and had an email receipt from Moneyways.

              Normally I would ring them but they have reduced thier call centre hours so I am now at work ALL the time they are open and I can't reasonably take time off to phone them (nor should I have to considering I've emailed and written.

              Is this a common tactic by these companies to ignore you? Should I write again or just wait it out?



              Interestingly, 7 days ago I had an alert from one of the credit history companies Im signed up to. Log in to check and the change is that moneyways have marked the account as "settled" and the amount owing as Zero,

              Is this just thier administrators jumping the gun a bit or once marked settled am i likely to be safe from any further attempts to get money from me?

              I have had no letter or email to say theyve closed the account and marked it as settled. I would at least expect a letter?

              Any ideas where to go from here or is it just wait it out and hope they eventually reply.

              Comment


              • #8
                Finally had a letter from them. Completely ignored everything I asked of them. It was just a standard template letter for outstanding debt with a cheeky £100 discount off the whole balance "in full and final settlement" followed by the usual BS debt letter threats about negative impact on credit history etc for non-payment.

                They made no response to the letter above about the unfair charges, nor have they enclosed a statement of arrears that I demanded.

                I can only presume this is some kind of joke on their part hoping that if they ignore my reasonable demands for long enough and send a chain of threatening debt letters that I will pay up in full just to make it go away.

                Anybody advise on what to do next?

                I can only think in essence, repeat my previous letter as a complaint but adding to it about how they have let me down and failed to respond to my queries etc and moan about going to the FOS or similar if they don't respond specifically?

                Comment


                • #9
                  Still have no answer or communication from Moneyway. They have cut their phone hours so much that its impossible for me to call them as my work hours far exceed any of their opening hours and I just get stuck in a que for my whole lunch break when i try and ring at work.

                  I have repeated the letter complaining about the charges and also a statement i had requested. I have had to give them a deadline of 28 days before I will go to the FOS.

                  The only contact I have had is the usual several times a day dead end phone calls with no messages left, the odd text message with a payment link.

                  This is despite my letters all having proof of delivery and the emails all having a automated email receipt response.

                  Its like they have decided to ignore me and just hope i will cough up if they harass me enough.

                  At this point I just want it sorted so it shows settled on all the credit reference agencies. Its only showing on one as settled.


                  I can't see how they think they will win? if they continue to ignore my letters and just go down the debt collection and court route, I can't see a court in the land allowing them to win (assuming i defend of course) as they are ignoring all my letters including statement of the account which they are obliged to send before going to court anyway!

                  Comment

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