Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

[djprance]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Nope there is nothing on there.

If it were me I would contest the charge, you are not going to stop them asking for it, however you could say that you were not informed of the amount of liability due to the millage which you normally do and if you hed been informed you would not have entered into the agreement.

There is normally an amount of letter tennis after VT's, creditors demand payment due, debtor deny that they owe, usually it is just a matter of sticking to your guns.
I would say that you had a good case to withhold payment, since it is clear that they have no contractual right to charge the amount they are claiming.

If it were me I would get the car back and wait for the bill and then contest it.

The only issue with that is once the car has gone back they could argue for the mileage as they say its in their own t&Cs and then I could end up being chased by debt companies and get blacklisted.
Has anybody heard of the finance company agreeing in writing prior to the VT completing?

[Guest]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

The only issue with that is once the car has gone back they could argue for the mileage as they say its in their own t&Cs and then I could end up being chased by debt companies and get blacklisted.
Has anybody heard of the finance company agreeing in writing prior to the VT completing?

There is nothing in their T and Cs ?

[labman]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

I agree with Andy. There is absolutely nothing in the contract you signed which mentions an excess mileage charge.

I guess to be 100% sure you could ask them to send a copy of what they think entitles them to charge you an excess charge. However, if this was not drawn to your attention at the time of selling and you were not given a copy of any other T&C's governing the agreement then I think they will find it hard to enforce any mileage charge under that. They may be able to argue something under fair wear and tear being exceeded.

I don't know what more you could do TBH. I understand your reluctance to open yourself up to something which could potentially destroy your credit record, but I don't see how this could.

Obviously at the end of the day, the decision has to be yours, and as you are wanting to be cautious (which is understandable), it may be worth asking for a copy of whatever it is they think they can rely on.

[djprance]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

There is nothing in their T and Cs ?

i know their is nothing in the agreement but they are insiting it is is Motnovo's T&Cs which they say they can send me if i haven't got a copy.

i just can't understand how they think they can introduce their own terms when the garage i bought it from have no idea of them either.

[Guest]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

i know their is nothing in the agreement but they are insiting it is is Motnovo's T&Cs which they say they can send me if i haven't got a copy.

i just can't understand how they think they can introduce their own terms when the garage i bought it from have no idea of them either.

You cannot be bound by terms and conditions that were not present at the signing of the agreement.

See sections 60-64 if the consumer credit act

[labman]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

They can't introduce any T&C's which were not present at the time of signing, hence my earlier question.

Here you go - have a read of the attached. I've added s65 as well.

[djprance]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

You cannot be bound by terms and conditions that were not present at the signing of the agreement.

See sections 60-64 if the consumer credit act

Hi I have attached the copies of Motonovo terms which they say I should have adhered to. I have never seen these or signed them and the garage has agin said to me they have no idea about these just the original HP agreement I put on here, the HP agreement is the only doc I have signed.

If I VT the car will I have a good case to refuse to pay anything else?

[labman]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Will the garage put it in writing that when they make a sale, the only T&C's they give out are those you signed, and that you were not made aware of (an they weren't aware of) any other existing T&C's?

If you can get it in writing from the garage, I'd imagine you'd have a very strong case.

The precontractual details refer clearly to the T&C's, including Section 4, so although you should have been shown the T&C's, and given a copy, as per the precontractual information, would there be any argument you didn't have them?

When did you get this copy of the T&C's?

[djprance]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Will the garage put it in writing that when they make a sale, the only T&C's they give out are those you signed, and that you were not made aware of (an they weren't aware of) any other existing T&C's?

If you can get it in writing from the garage, I'd imagine you'd have a very strong case.

Thanks i will call them in the morning, would an email from them suffice do you think or does it have to be an official letter?

[djprance]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

I asked for them to be sent over by Motonovo and received the copies this morning.

They were quick to send these but said any complaints can be looked into and can take up to 56 days

[labman]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Thanks i will call them in the morning, would an email from them suffice do you think or does it have to be an official letter?

Email counts as 'in writing' nowadays, as long as it is very clear, and they admit they did not mention those T&C's to you, nor were they aware of their existence. If they'll then back it up with an official letter (perhaps offer to pay for their time), all the better.

[djprance]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Thanks will let you know how it goes tomorrow

[djprance]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Email counts as 'in writing' nowadays, as long as it is very clear, and they admit they did not mention those T&C's to you, nor were they aware of their existence. If they'll then back it up with an official letter (perhaps offer to pay for their time), all the better.

I have received this by email from the original garage today, I am hoping this confirms what I thought that they didn't even know so how can Motonovo try and enforce it.
Hi Daryl,

At no point had it been made clear to us here a The Car Specialists of any special terms regarding any customer that would wish to VT their car and to my knowledge we haven’t signed any Terms of Business to say that we have been made aware of it. We have always advised only when questioned that they need to have paid either half the amount owed or have gone over half the term as part of half’s and thirds terms noted on any signed documents. Moreover we have always advised any customer once questioned to only VT if absolutely necessary.

If we had been aware of the special clause of 12000 miles per annum we would have happily disclosed that if required. Having not known or ever seen any Terms of Business for The Car Specialists with this information on i find it hard for us the dealer to enforce this with any customers of ours.

[labman]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

That's good. They have a duty, of course, to disclose the information in future to new customers.

Importantly for you, they have stated clearly they weren't aware of it, and thus they could not have made you aware of it.

[Guest]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Similar situation here

http://www.consumeractiongroup.co.uk...ry-Termination