Land Rover VT

[Ashley_kent]

Apologies, I should have come back and updated everyone.

so issued in the small claims for compensation due to the credit rating and the breach of contract. I listed this at £1500.

the Black Horse solicitor contacted me about 4 weeks after I issued and we agreed on £700, they would collect the car and all marks would be removed from my credit file!

just gotta be brave and take on the big boys when you know you are right!

[R0b]

Glad to hear you have resolved the matter, sorry I didn't respond earlier I don't always see posts that are updated no here as I get no notifications.

[pt2537]

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

Utter tripe re wet ink signature.

Section 99 requires notice to be given, note the word notice, if one looks at s189 it defines notice as "notice in writing" thus in my opinion a email sent to the person entitled to receive payment would be sufficient to overcome that hurdle.

I can see nothing that requires a wet ink signature on a letter to give notice to VT.

[pt2537]

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.

Ahhh POOP, i replied to the wrong post. it was this one i meant to reply to with regards wet ink signatures.

[R0b]

Ahhh POOP, i replied to the wrong post. it was this one i meant to reply to with regards wet ink signatures.

You are absolutely right PT, but I believe these lenders have some form of internal policies that require them to receive a wet ink signature. Coupled with the fact you are dealing with low-level employees who have no clue around the law, you are simply banging your head against the wall.

Anyway, I did eventually issue a claim against Renault and they settled in my favour, which was sensible of them but if I recall they took it to the wire because the judge ordered a directions hearing and was prepared to give the matter a full day's hearing on arguments.

Wasn't the end of it, cheeky buggers didn't bother removing one of the late payment markers reported to one of the credit agencies and when I threatened them again with proceedings, their external lawyers tried to argue res judicata...until I mentioned to them that the marker was a continuing breach and for each day there was a new cause of action. They then tried to argue it was the credit agency's fault and I should be looking to them. Low and behold, 48 hours or so after those threats were made, the adverse marker was removed. Can't remember the settlement amount but think it was low 4 figures.