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VWFS/Audi, have I left it too late?

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  • VWFS/Audi, have I left it too late?

    Long time lurker, first time poster. Hello all!

    TLR- have I potentially left it to late to VT my vehicle? VT'd 26/02, balloon due 01/03.

    I really did leave it until the 11th hour, with the balloon payment (VWFS HP agreement) due on 01/03/21 (contract ending on this date too). I wrote to Audi using the standard template provided here on 26/02/21 and called on the Monday to confirm that no payment was to be taken. The balloon was already processed (and advice from Audi was that it was too late to stop it; leave it to bounce and seek an Imdemnity Claim). 2 calls to their team and the message to me was "you can't VT, even if so why do you want to?". I ended up drawing the call politely to a close, requesting in writing from Audi as to why I couldn't VT. This was the bulk of their returned mail:

    Further to our telephone conversation on 01/03/2021 I would like to confirm that because we are at the end of the contract we cannot offer the option of Voluntary Termination and can only offer the option of Handback in regards to having the vehicle collected and handed back to Audi Finance.

    Should you have any further questions, please feel free to contact us.


    I immediately responded to this as follows:

    On 26/02/21 I wrote to you to say that I was exercising my right under Section 99(1) of the Consumer Credit Act 1974 to terminate the hire purchase agreement. Following this notice, I have spoken to two of your customer service advisors on 01/03/21 who have both informed me that my termination cannot be fulfilled despite exercising my right within the contractual dates before the final payment was due on the agreement. In addition to this, I have been charged £10, what I believe to be an ‘option to purchase fee’. As this payment was taken after my letter dated 26/02 this does not constitute deemed consent to purchase, and I will be seeking a refund for this amount.

    As per the original letter dated 26/02/21 I will allow until 12/03/21 (14 days) for you to confirm that my notice of termination is accepted and effective from 26/02/21.


    Ball is currently with Audi and no response, any thoughts appreciated? Also, two service calls due to the first hanging up on me! Always polite and never angry over the phone, so no risk of me being called out there.
    Tags: None

  • #2
    Looks like you have it under control. Please keep us posted as to progress.

    Comment


    • #3
      Here is hoping, I'll be looking to chase on Saturday for a response. Question for anyone else reading; I'm obviously taxing and insuring this vehicle at my expense, I don't necessarily want to levy this, but as they're dragging their heels can this be deemed 'reasonable expense'? I don't particularly mind sorting this for a few weeks, but as I've had to sort a second car now, when that arrives I'll be paying double-bubble.

      Comment


      • #4
        Update for anyone following and wants to chime in. Audi haven't responded as of yet, yet have again attempted to take the balloon payment from me. I'll be dropping a mail back today requesting a response and why they've not contacted me, yet are trying to process funds for a transaction I've actively denied.

        Any steer would be really appreciated!

        Comment


        • #5
          Just out of interest. Why are you trying to VT when you've made the final payment?. The balloon payment is an optional payment to purchase the vehicle. If you don't exercise that option then you simply hand the car back with nothing more to pay

          Comment


          • #6
            It could be my (mis)understanding of the Audi/VWFS contract, but I am slightly fearful of the 'repair' clause. The vehicle is in very good nick (1 minor ding through lacquer and 1 scraped alloy) and under mileage, but I had an argument with them throughout the warranty as I am confident that there is a problem with the steering column. Clicks at half lock each way. I'd rather not hand it back under their terms, per se, and have a leg to stand on if they decide that is a problem.

            If I truly can just 'hand back', then that may be the most pain free option as Audi's customer service won't humour me and I'm still yet to receive anything back in writing.

            Comment


            • #7
              Audi Finance are a wholly-owned subsidiary of VWFS AG incorporating the UK branch of Volkswagen Bank and Insurance Services.

              Comment


              • #8
                12th has come and gone (original 14 day notice period). I've only received an automated text from them this afternoon requesting to discuss the outstanding balance on my account.

                Before I look to progress with something 'stronger' (ie reference stopping tax and insurance on the vehicle or the torts act), as per the credit act can anyone comment as to whether the final payment is the balloon OR the final monthly? ie am I in good stead to continue?

                Comment


                • #9
                  As far as I'm aware the final monthly payment is the final payment. After which time, unless you decide to pay the balloon payment the vehicle is no longer your responsibility. Stopping tax and insurance is of no interest to VWFS as they own the car anyway.

                  If you are prepared to fight over the cost of a scuffed alloy and paint chip ( £200ish?) then VT may give you more rights to contest the charges. However, be prepared for a potential long period of ruined credit rating and hard work to try and get them to back down. When I've returned cars to Audi ( twice) the condition of the bodywork and alloys was looked at more than any mechanical issues ( unless you have warning lights on, which you've ignored).

                  Comment


                  • #10
                    Need to see the terms of your contract. Pointless giving an answer until we see those terms.

                    Why is Audi processing the balloon payment, is this a conditional sale agreement? Otherwise all other agreements mean the balloon is optional, so you would have to tell them if you wanted to exercise that right (aside from you claiming VT)
                    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


                    • #11
                      I'll dig the contract out and lift some of the wording. Slow Saturday morning for me today!

                      I've had a letter from VWFS land this morning stating my account is in arrears and to contact them. Still nothing back on any of my emails into the Customer Services and VT teams over the last fortnight.

                      ​​​​​​​If I'm interpreting correctly from Jeffster, I've potentially missed the window of opportunity as I VT'd after the final payment, but before the balloon? Contract wording should help here nonetheless.

                      Comment


                      • #12
                        Section 99 says you can terminate at any time before the final payment becomes due, so the question is what do we mean by “final payment”.

                        Well, the balloon payment forms part of your overall borrowing, so in the context of a conditional sale agreement, you are require to make that balloon payment as the final payment. However, in hire purchase agreements you have to either elect to return the car or pay the balloon payment.

                        There is a gap in your story and you need to give us the full details if you want an honest answer. Either:

                        1. Your contract is a conditional sale agreement and in that case you have validly exercised your VT right since the final payment wasn’t yet due and they have unlawfully requested payment.

                        or

                        2. You have a hire purchase contract in which case you would have needed to elect whether you pay or return the car. If Audi have requested the balloon payment without your election then that on the face of it would be unlawful because you never agreed. The question then remains as to whether the last instalment payment is deemed the final payment or if the balloon payment is considered the final payment. I don’t think there is any authority on this point but it would be a valid argument to say the final payment is the balloon payment in any event.
                        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


                        • #13
                          Many thanks R0B, appreciated. Contract is in hand, but I can't upload as photos need resizing. End user error and a new mobile.

                          Contract is HP and the balloon is specifically worded as the final payment, with an 'option to purchase' fee of £10. VWFS took the £10 after my original letter, which I've expressed to them I'd like refund and DD payment should not be taken as deemed consent.

                          Comment


                          • #14
                            Edit: Details now in post #16.
                            Last edited by J87H; 14th March 2021, 13:22:PM.

                            Comment


                            • #15
                              Unreadable try adobe scan app

                              Comment

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