Land Rover VT

[Ashley_kent]

Im having an absolute mare, im really hoping someone can help.

I have VT'd lots of cars over the years and never had an issue, however for whatever reason I have sent the standard letter to Land Rover and they refused.

Initially as there was no wet signature.

I then followed this up with a second letter, again from the template, about the wet signature and they needed to collect the car.

6 weeks has elapsed and the car is still here, they are still refusing to collect the car or cancel the agreement.

Today I received a phone call where a lady told me my complaint had been rejected!!! The irony! I explained its not a complaint but a legal obligation. The contract has now ended and they need to collect the car. She refused and told me she would send a letter stating this to my email.
I explained I worked for a national newspaper and its not cool how a major company is trying essentially con customers into signing paperwork they are not legally required to sign. I said I looked forward to showing the editor the email.

The email didn't come.

I did however receive a letter saying im behind on my payments!

Unbelievable!

Can anyone help? Im not sure how to respond now or do I just go to the ombudsman! Annoying thing is we have another LR here on PCP, so that will be a whole load of fun when that has to go back in 2 years!!

Thanks in advance, know its a lot from a newbie!

[echat11]

Hi Ashley_Kent

Follow their complaints procedure, once you get a final response, if the matter hasn't been resolved make a complaint to the FOS. You could also consider writing a formal letter of complaint to the CEO of the company.

[Ashley_kent]

Thats all fine, but all the time they are smashing my credit file!!

This shouldn't be allowed

[echat11]

Thats all fine, but all the time they are smashing my credit file!!

This shouldn't be allowed

Contact the Credit Agencies, they can add notes to your credit file.

[R0b]

Hi Ashley_Kent,

I'm actually in the same boat as you except with Renault and they refused to accept my notice of VT unless I provided a wet signature saying I wanted to terminate. When I challenged, first it was for data protection reasons but when I called and passed security, they still refused. Then their final decision now says that I must sign their VT form and that it is "reasonable" for them to refuse unless I sign it despite repeatedly asking where in the CCA it says that for me to exercise my VT it must be a wet signature.

I'm at the point where I'm going to be issuing a claim against Renault for breach of contract, breach of GDPR and trespass for refusing to collect the car. The have already marked my credit file with late payment markers and next step is a default but once this hits their legal department, I'm half expecting them to get a shift on, although I'm going to make an application for summary judgment because I don't think they have a leg to stand on.

Your options are limited, either pay up, challenge it via the Financial Ombudsman or take them to court. Rightly or wrongly, until you get a favourable decision by the FOS or the court, they can and probably will continue to tarnish your credit file until you pay up. Should you decide to pay, you will be deemed to have admitted liability.

[Ashley_kent]

Hi Ashley_Kent,

I'm actually in the same boat as you except with Renault and they refused to accept my notice of VT unless I provided a wet signature saying I wanted to terminate. When I challenged, first it was for data protection reasons but when I called and passed security, they still refused. Then their final decision now says that I must sign their VT form and that it is "reasonable" for them to refuse unless I sign it despite repeatedly asking where in the CCA it says that for me to exercise my VT it must be a wet signature.

I'm at the point where I'm going to be issuing a claim against Renault for breach of contract, breach of GDPR and trespass for refusing to collect the car. The have already marked my credit file with late payment markers and next step is a default but once this hits their legal department, I'm half expecting them to get a shift on, although I'm going to make an application for summary judgment because I don't think they have a leg to stand on.

Your options are limited, either pay up, challenge it via the Financial Ombudsman or take them to court. Rightly or wrongly, until you get a favourable decision by the FOS or the court, they can and probably will continue to tarnish your credit file until you pay up. Should you decide to pay, you will be deemed to have admitted liability.

Im quite happy to go to court!

Im about to send a letter to the FO but, I also know we have the ability to sue for the credit file smear, I believe for upto £1500.

I have repeatedly asked for them to tell me where it says it must be a wet signature and they can't.

Have you gone via small claims? Can we help each other at all? Sorry for the late reply I didn't get a notification there had been a reply until a logged in!

[R0b]

Have you asked them in writing or is this in a phone call where they can't pin point to a wet signature?

I've issued a claim already yes, Renault's solicitors have not long acknowledged so waiting on the defence in the next couple of weeks. Depending on their response I am thinking of making an application for summary judgment because like I said before, I don't believe they don't have a leg to stand on.

Happy to give you pointers but it depends on what you want to claim against them for. With Renault, I'm claiming repudiation of contract i.e. material breach for refusing to accept a statutory right despite having complied with the criteria for terminating, or the fallback argument is that I validly exercised the voluntary termination. I'm also claiming breach of data protection laws and trespass to my land because I explained to them their car is no longer authorised on my property, told them to collect the car by a certain time frame and explained if they don't then I'll claim trespass and charge them daily for use of my drive.

With a claim for repudiation of contract, you can claim loss of bargain damages. In my case I'm arguing I should be entitled to the guaranteed future value of the car listed in the contract as I'm pretty much at the end of my term before I terminated.

You don't have to go down the same route as me and you can simply argue you validly terminated and claim damages for breach of data protection laws, so that's something you need to decide.

[Ashley_kent]

So I've written 3 times.

They have replied once, saying they don't accept the VT as its not a wet signature and its not their paperwork, which they require I sign.

I sent a réponse last week giving them 7 more days (now 4 months) to collect the car.

After this I will do the Letter before action then I guess the claim for data protection breach for the missed payment on my credit file, when I'm no longer bound by the contracts terms and for failing to terminate.

So am I right in thinking your saying the damages should amount to the car on your drive?

Has anyone one these before?

Thanks again

[Ashley_kent]

Ok, so Christmas is out the way and I feel the new year is the right time to attack this!

Can anyone help me, this is where im at with my LBA. Please help! Im not in anyway a legal expert!!

Dear Sirs,
This letter clearly sets out our position and constitutes our formal letter before claim, pursuant to the CPR Pre-action Protocol and sets out our claims and remedies sought.
I am asking that this is resolved as a matter of urgency to stop county court action. I have exhausted all lines of communication and am now being ignored by your customer service and complaints team.

On the 10^{th of} August 2021 I wrote to LRFS and exercised my right under Section 99(1) of the consumer credit act 1974 to terminate the hire purchase agreement. Following this letter, I received a call from a customer service agent on the 19^th august 2021 to inform me that the termination letter was being rejected based on the fact it didn’t have a wet signature.

I have repeated myself many times but for and on the record, there is no provision in the act that says I must provide a wet signature and if I fail to do so you have the right to reject the application. In fact, there is no provision to which you are granted the ability to reject the provision. It is further suggested therefore you are in breach of contract by failing to accept my voluntary termination.

Furthermore, you have repeatedly placed missed payment markers on my credit file, despite legally ending the contract on the 10^{th of} August 2021, this would equate to a breach of data protection, and I will therefore be asking the courts to award the minimum compensation of £1500 and be requesting an undertaking that all negative markers are removed, and further ones shall not be added. I have suffered severe stress and anxiety over these markers, and I continue to be unable to re mortgage my house because of these fraudulent markers.
I have investigated this further with respect to the legal position and your refusal to accept my termination letter whilst imposing new termination conditions not required under the Act has deprived me of my right to terminate the agreement, and to rely on my statutory rights by limiting liability to one half of the total price. Despite repeatedly asking the advisor to reconsider her position yet refused, your conduct in my view amounts to a repudiatory breach of contract. Indeed, the recent case Sanderson Limited v Simtom Food Products Limited [2019] EWHC 442 (TCC) confirmed that a party who refuses to perform unless the innocent party complies with conditions not required by the contract is in repudiatory breach.
Furthermore, the vehicle has been on my driveway since August 2012, we are approaching 6 months now. The vehicle is not taxed nor insured. I have repeatedly asked for the vehicle to be collected; despite being ignored. I will be asking the court for compensation for this inconvenience and obvious stress.

Given my numerous letters and communication with you (attached) and your obvious breach of contract. I will be asking the court on this basis for a summary judgement.
If you wish to avoid court please contact me via email blah before the XYZ to resolve this.

[echat11]

Can you remove the email address in your last post.

[Ashley_kent]

Can anyone help?

[R0b]

Hi,

I'm a little busy but fi you can wait until the weekend I'll give some feedback. Nothing wrong as such with your letter before claim but there are a few tings that you should ideally include/reference.

[Ashley_kent]

Hi,

I'm a little busy but fi you can wait until the weekend I'll give some feedback. Nothing wrong as such with your letter before claim but there are a few tings that you should ideally include/reference.

I will 100% wait, I appreciate your help!

[Ashley_kent]

rob Any joy with this? Ive sent the letter (took a gamble) No reply as expected.

How do I need to word the claim form?

[Joshy H]

Hi Ashley, just been reading your threat, and im
curious, how dod you get on?