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

[Mr.Shanahan]

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

What is the statute that says the finance company cannot leverage a charge for collection of the vehicle?

[Guest]

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

What is the statute that says the finance company cannot leverage a charge for collection of the vehicle?

statute says that the agreement can be terminated at any time, it does not attach conditions, once terminated the vehicle is not the ex-hirers problem.

[labman]

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

What is the statute that says the finance company cannot leverage a charge for collection of the vehicle?

More to the point, what is the statute that says they can charge?

As Andy58 says, once terminated the car is no longer yours, there is no contract in existence for them to enforce, the vehicle transfers to them. Full stop. :beagle:

[mrefc]

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

Update. Spoke to finance company yesterday. Said letter not received yet. Told them I'd given 14 days in letter. They said cannot to that as they hadn't gotten gotten letter. Checked with royal mail couldn't confirm it had been signed yet something about 15 days. emailed copy of letter to finance company last night

[mrefc]

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

update. they still havent been in touch. didnt even acknowledge my email. royal mail confirmed letter was signed for thursday. i'm gonna call them tomorrow. where do i stand with giving them 14 days notice of termination? likelihood is they didnt receive letter until today, that would give them 9 days to sort everything out. is that possible? dont really want this to drag on as i have new car ordered

cheers

[labman]

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

Might be worth re-sending the email using one of these:

http://email.about.com/od/windowsret...fied_email.htm

Also, if your letter wasn't sent recorded delivery - if you have proof of postage you're fine, just go ahead and the VT date stands IMO, as delivery is assumed for legal purposes if you have proof of postage. If not, resend getting either proof of postage (you have to allow 2 days for delivery , so effectively 16 days I guess for the VT date - not sure about that, we need Andy 58).

The email issue should count if the trackers are good. I've not used them personally, but there is clearly a demand for them, and you can see why.

[mrefc]

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

Might be worth re-sending the email using one of these:

http://email.about.com/od/windowsret...fied_email.htm

Also, if your letter wasn't sent recorded delivery - if you have proof of postage you're fine, just go ahead and the VT date stands IMO, as delivery is assumed for legal purposes if you have proof of postage. If not, resend getting either proof of postage (you have to allow 2 days for delivery , so effectively 16 days I guess for the VT date - not sure about that, we need Andy 58).

The email issue should count if the trackers are good. I've not used them personally, but there is clearly a demand for them, and you can see why.

Thanks labman. Letter was sent recorded delivery last Tuesday signed for Thursday I spoke to them Friday and they said no letter received. Probably hadn't got it. will call in the morning. I just want to know what to say to them about date of VT legally after giving them 14 days in letter

Thanks in advance

Mike

[mrefc]

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

Received letter today. All seems ok apart from a couple of things. Basically Mannheim services will contact me to assess vehicle in due course.

just reading through charges. Are they right to charge for missing manual £10, proof of regular servicing £300. Although I've had the car 2.5 years the car has just been serviced for the second time so not exactly 2 years after purchase? Service history book £25. I have this but it only has my servicing in, none other of owner before me

They say inspection in line with bvrla std industry standards

[mrefc]

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

They also state a 20% discount if I pay the repair costs on the day? Surely I would want proof that the repairs if any were done?

this bit goes against what I've read on here.

you will be asked to sign the report at point of inspection giving your agreement to the inspection comments before proceeding

ive read that if not happy dont sign and it won't effect the vt

[labman]

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

Re post 190 - don't pay for any of that. You send the car back, include the service book and any documentation you have, but you don't have to pay for the privilege.

Re post 191 - your suspicions are correct. Fair wear and tear is allowed, so unless there's a huge dent or something, small scratches, stone chips etc... are to be expected on a car. They often try to get you with refurbishing alloy wheels as well. Do NOT sign for anything at all you're uncomfortable with. Do not pay anything on the day - they're offering an incentive as they know they probably aren't legally due one penny of it and are trying to get cash from you.

IF they do have the work undertaken, you'd want to see proof of this, along with invoices and receipts. Far more likely, the car will go straight to an auction house and no repairs whatsoever will be done on it.

On what date does the agreement end?

[mrefc]

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

I put 14 days in the letter so 19th November. They didn't mention this in the letter I received.

When the car is assessed can I just walk away from it without signing anything? will they not try to stop me? What do I do with the v5 ?

[mrefc]

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

Just say I have a huge dent (I dont) and don't want to sign for it, how would they pursue the supposed 'damages'

[labman]

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

I put 14 days in the letter so 19th November. They didn't mention this in the letter I received.

When the car is assessed can I just walk away from it without signing anything? will they not try to stop me? What do I do with the v5 ?

The V5 goes to the dealer (I did once send it to DVLA when the garage were being really awkward - it didn't go down well). Yes, you can just wlak away, there is no agreement or contract in existence. However, that doesn't mean there never was, so if money was still owing, it could be pursued, if mileage was treble what had been agreed, it might be pursued etc.. In reality, once you show you know the contract is terminated, they tend to leave you alone. Sensible discussion about anything you know to be an issue would be appropriate though -eg- in the mileage example or if the engine had a major fault etc...

[mrefc]

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

You keep saying v5 goes 5pm dealer. What dealer?

And does the 19th stay as end of agreement? how do I enforce it?

[labman]

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

You keep saying v5 goes 5pm dealer. What dealer?

And does the 19th stay as end of agreement? how do I enforce it?

I am assuming you arranged the finance through a dealer / garage. That is who I am talking about.

Re the termination date, if you have proof of postage that you sent the letter, then the 19th remains. If you don't have proof of postage (or a signature for recorded delivery) then you need to resend and the date gets knocked back to the best of my understanding.

I'll pm Andy58 and ask him to look in as well.