VWFS/Audi, have I left it too late?

[J87H]

Fixed.

[J87H]

Update; Audi had been acknowledging my mails and been processing VT in the background. I've called customer services to determine why they have been ghosting me only to be informed that I have a lot of notes against my account but none of the mails have actually left Audi. Standard practice, or poor admin from them?

I've logged a complaint to request return of the 'right to purchase' fee as I am not going through handback and confirmation that my credit file won't be marked due to the late payment notice I received last week.

In short, BCA were instructed to reach out to me within the next week, so we're past the first hurdle. Apparently.

[J87H]

I knew it was all too smooth. 2nd update: Audi have (finally) mailed me trying to force hand with the 'handback' option completely contradicting the conversation I head earlier. Fun and games afoot it seems. Standard tactics from Audi, ie call to VT and 'thanks for the handback request'?

Edit; I've responded as follows. Potentially need to step up and be a little more firm?

Firstly, I’d like to ensure that my request is not misunderstood or lost in translation as I’ve been clear in my written and verbal communications. On 26/02/21 I wrote to you to explain that I was exercising my right under Section 99(1) of the Consumer Credit Act 1974 to voluntary terminate the hire purchase agreement. My original written request has still not had response despite acknowledgement, yet was submitted ahead of the final payment date and within contract. To be clear, this was not request for handback as you’ve eluded to below. The ‘administration fee’ mentioned below is not a requirement for voluntary termination and was taken after 26/02/21. As per the complaint raised today (which I am still yet to receive written confirmation of) I would like to see this figure refunded.

In the call earlier today (15/03/21), I was verbally notified that this was with the VT team and that BCA would be reaching out to me to arrange collection of the vehicle on or before Friday 19/03/21. The letter below contradicts this statement from your customer services agent.

Can WVFS confirm that my notice of termination is accepted and effective from 26/02/21, otherwise I will be informing you that the agreement will be terminated for repudiatory breach and I will consider seeking compensation as a result.

[R0b]

So what was Audi's response? Are they claiming you are out of time?

[J87H]

I'll be honest, I'm completely lost with what Audi are actually trying to achieve. Their last written mail was an attempt at implying handback, not challenging anything time-bound at all and today (without context) they have closed the complaint I raised by sending a generic email.

As of today, they have only mailed me once, effectively apologising for the "trouble I've experienced trying to go through handback". They're yet to acknowledge anything formally in writing, despite being verbally told my VT was being progressed.

I'm absolutely clueless as to whether this is intentional or left hand not talking to the right.

Edit: Given the clear contradiction of verbal vs written, I'm contemplating submitting an SAR to try obtain my notes file. Will this earmark me awkward or just show that I'm tired of being shuffled about?

[R0b]

So I have had a quick look at this and there appears to be some authority that the final instalment for the purposes of exercising the VT right comes at the "option fee" i.e. he £10 in your case. So assuming your notice of terminated was deemed served before the due date of that £10 then you are still within your right to VT.

As the £10 fee is optional on a HP agreement (at your discretion), it would seem that you are within your rights and Audi are wrong. If this is correct then perhaps you may want to go a little harder at Audi in terms of any response. Firstly, they've taken the £10 option fee without your consent and which you never agreed to pay so for that reason they have acted fraudulently in taking the £10 which was never authorised. Secondly, they then attempted to take the balloon payment (if that is different to the £10 fee) and therefore once again is a fraudulent attempt to take money from your account without your explicit authorisation.

They then have the cheek to close your complaint when in fact they must treat a complaint in accordance with their obligations under the FCA rules, that is they should investigate and respond back to you within 8 weeks and explain whether your complaint is upheld or not, but also directing you to the Financial Ombudsman to take your complaint further. If they haven't done that then they're in further breach and I would be minded to threaten to report Audi to the FCA Enforcement Division due to non-compliance of their obligations, particularly not taking your complaint seriously.

Obviously it is up to you how you respond to Audi but certainly making a subject access request would be useful. Don't think it makes you awkward because it's your right although if they become aware of the reason why you are wanting a copy of your personal data, they may climb down, but that doesn't mean you are not entitled to your file so you should still request it anyway.

[J87H]

Thanks for the response again R0B.

re your point above around "option fee", these were indeed two separate payments requested for payment on 01/03. £10 plus the balloon.

I've had to call VWFS to sort this morning, as I've had contact from Manheim to arrange collection of the vehicle and a text to call Audi to discuss account arrears. I'm now firmly of the opinion that this is left hand not talking to right (at best).

In summary, Audi are refunding the £10, have told me again that they're reversing the balloon BUT are still pushing for handback as 'Audi only consider VT is submitted over 21 days before the end of contract'. This has never been submitted to me in writing and is not part of my contract. I also believe that this contradicts the letter of the law within Credit Consumer act. I feel that with every call to Audi they are digging themselves a deeper and deeper hole by contradicting law, contract and even their verbal and written communications.

Around my complaint, their automated mail did indeed refer me to the Financial Ombudsman so I don't want to have that misrepresented, however I've not had any detail on my complaint or an investigation at all. I've just now received a formal apology from the advisor I spoke to this morning, but realistically he's just written down my concerns, and added "Please accept this correspondence as a formal apology from Audi Financial Services." at the bottom.

Good morning Mr [J87H],

Thank you for your recent communication relating to vehicle registration [CAR].

We are sorry to hear about your recent experience and apologise for the issues raised.

To confirm, you are unhappy with our poor communication level throughout the process. You are unhappy that we will not action a Voluntary Termination as requested. We did not advise you that Manheim would be in contact to collect the vehicle. The balloon payment is now being reversed and amendments will be made by 22.03.2021. We will then instruct our agent (Manheim) to inspect and collect your vehicle.

Please accept this correspondence as a formal apology from Audi Financial Services.

If we can assist any further with this matter please feel free to contact us on 0800 912 3558. Office opening hours are 9am until 5pm from Monday to Friday.

On a positive note, Manheim are inspecting next Friday for pickup so that is progress at least. Given how consistent I've been with Audi I'll be following advice to not sign the return from Manheim expecting a bit of fuss from Audi over this. I'm now torn as to whether to respond to the mail above or not, as I wouldn't want a non-response to be deemed consent, however with collection due I also feel that I've fulfilled my obligations.

[R0b]

Up to you whether you want to respond, I think it is important to record or note that when you spoke to Audi, they said that they do not consider VT if it is done within 3 weeks of the end of the contract - now we don't know if that is actually their policy but nonetheless it is a key statement I think you should look at reverting bakc to Audi on and explaining that the law says you can terminate anytime before the final payment is due, and you therefore expect your VT to be processed.

[J87H]

Up to you whether you want to respond, I think it is important to record or note that when you spoke to Audi, they said that they do not consider VT if it is done within 3 weeks of the end of the contract - now we don't know if that is actually their policy but nonetheless it is a key statement I think you should look at reverting bakc to Audi on and explaining that the law says you can terminate anytime before the final payment is due, and you therefore expect your VT to be processed.

Good point, as they have been ignoring my emails I'll respond, save leaving it to chance and/or deemed consent after vehicle pickup. As I eluded to earlier, I think I will be submitting an SAR too in light of how the case has been handled to ensure that I've got all information to hand. Had Audi been more forthcoming with information I'd be more comfortable, however given my feeling really is left hand not talking to the right, I can't help but see something landing on my credit report plus them getting upset down the line.

[J87H]

As expected, not a dot from Audi bar a 'handback pack' in the post. Manheim are currently due to pick up tomorrow (not BCA), so I've fired another mail to VWFS. I've stated my expectation is that VT will be honoured, despite perceived policy (which isn't in my contract). I've also stated that as my complained was closed prematurely, without consultation, that I've submitted an SAR. I've requested the following information:

• All personal information that Audi/VWFS hold about me ([J87H])
• Account notes held on my file within 2021, including any information referencing my correspondence with Audi/VWFS
• Notes and decisions around the complained raised 15/03/21.

Lets see if I continue to get ignored.

[J87H]

Finally, a response! Car was also picked up earlier today, so that is a result.

Good morning Mr [J87H],

Thank you for contacting Audi Financial Services.

I can confirm a voluntary termination has not been processed. A voluntary termination can be processed at any point of an agreement if you have paid 50% of the whole finance, as you paid your last contractual rental in Feb 21, this is not classed as a voluntary termination. I would advise you to read the terms & conditions of the agreement in relation to termination & a hand back.

Your last contractual payment for the agreement was 1/2/21, therefore it is part of your end of contact options to hand the vehicle back. This has been processed.

I will forward a subject access request to the team today and copy yourself in that email.

The last monthly is an interesting interpretation, as the balloon is part of the financed sum and in turn part of the contract? This is also a direct conflict in the verbal statement from their agent previously confirming that the balloon was the last payment and also the '21 day policy'. I guess that I'll see what the craic is upon inspection and see what the return is from Manheim, nothing signed and I've had the email report land too.

SAR also actioned immediately, I guess this should have been sorted earlier as that came in before anything else so obviously got some attention.