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

[R0b]

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

I have replied to that thread, best to keep your queries in one thread so I don't miss anything you ask.

http://www.legalbeagles.info/forums/...085#post662085

[Jonno617]

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

They can only claim damages for the condition of the vehicle so if you still have a set of keys I wouldn't worry about it.

Thanks R0b,

i posted the below in in another thread about RCI finance and I am very worried I may have messed up and left myself open to charges.

i have started the same process with RCI. The same paperwork above was sent to me via e-mail and I was told over the phone I needed to sign it and e-mail it back which I did because I thought it was part of the process. Now I realise they will charge me for collection etc. Is there no way out of the charges now I've signed it?

I really worried they will sting me for collection charges. But the guy on the phone made out I have to sign it or it won't be terminated.

[R0b]

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

Hi guys,

Have read this thread with interest. I am setting the wheels in motion to VT my Clio with RCI finance. Has anyone done this before with RCI? I have lost the spare key card and have been quoted £210 by local dealer for replacement will RCI Bill me if I don't get it replaced?

Many thanks in advance

They can only claim damages for the condition of the vehicle so if you still have a set of keys I wouldn't worry about it.

[Jonno617]

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

Hi guys,

Have read this thread with interest. I am setting the wheels in motion to VT my Clio with RCI finance. Has anyone done this before with RCI? I have lost the spare key card and have been quoted £210 by local dealer for replacement will RCI Bill me if I don't get it replaced?

Many thanks in advance

[shelleywoods]

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

Thanks Rob, i'll shop around. Other than the damage on the side, the car is in great condition with only 7000.00 miles on the clock for a 2 year old car!

[R0b]

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

Hi Shelley

Have you tried obtaining quotes other than Landrover? The car only need be returned in a reasonable condition, not excellent or top notch so if there is a cheaper quote available it might be worth doing that. How much they will charge for the damage may be more or less than what you have been quoted for. Obviously the repair should be done to a decent standard and not a botched job.

You can offer to pay them in instalments but it is up to them whether they choose to accept it. If they refuse, then they are within their rights to take you to court resulting in a CCJ against you. If you offer a reasonable amount per month in accordance with what you can afford to pay, then I cannot see any reason why they wouldn't accept it. Should they continue to refuse you could make a complaint to the Ombudsman and see if they can decide whether what you are offering is fair and reasonable - which you may need to include a income/expenditure list to them.

If the Ombudsman agrees with you or suggests a monthly amount and you are happy with it, then you can accept and it will be legally binding on both parties which would prevent the finance company from bringing a claim to court and avoid a CCJ.

[shelleywoods]

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

I am thinking of VT of my landrover but it has damage to the passenger back wing which i have had a quote from landrover a few months back of £3800.00-extortionate amount i thought as its not that bad. I have paid over half of the finance agreement, and have never defaulted on any payments. If they try and charge this amount, can i then pay this by instalments?

[PaulT87]

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

Thanks for the help rob will do that later when he comes in an hour 4 months down the line and it's eventually resolved I hope

[R0b]

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

More than likely yes, but they might add charges for certain things like there are not 2 sets of keys, service manual not updated, no spare wheel etc.

Just wait it out and see, if you have the photos and you think the car is in a reasonable condition then I think you should be fine. I would advise not to hand over the V5C, you should hold onto that and get the agent to sign and date it as it is your responsibility to notify the DVLA that the registered keeper has changed.

The fastest way to do this is online https://www.gov.uk/sold-bought-vehicle or you can post it to them. If you do post it make sure to get proof of postage e.g. a receipt from the post office as some people get caught out and end up getting charges for failing to notify the DVLA.

In case the agent takes it and refuses to hand it over after signing take a photo of the V5C beforehand so you can notify the DVLA anyway.

[PaulT87]

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

I won't sign it I will hand the logbook and keys over and that's it the 3rd party company that phoned last week asked about the car how many keys did it have how long mot was left on it did it run fine etc sounds to me it's going straight to an action house

[R0b]

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

Hi Paul,

You are not legally obliged to sign anything, whether you choose to or not is entirely your choice. Usually the wording of the paperwork states that you agree to pay for damages when the final report has been concluded or another inspection has taken place which essentially means you agree to pay whatever damages and potentially waive your rights.

Personally, I would suggest not to sign anything, but that is up to you.

[PaulT87]

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

Rob quick question finally had some breakthrough with finance company they allowed me to vt eventually however quick question there sending a 3rd party to collect the vehicle at 1pm this afternoon I have took photos do I need to sign anything when they pick up the car?

[R0b]

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

If you have taken plenty of photos that shows a reasonable condition then that should be enough. You can put all of this in a letter and state that it is a formal complaint and you expect them to give their full reasons.

They will likely not uphold your complaint and then you have the option of going to the Ombudsman.

[billydane9]

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

Thanks Rob

I haven't asked yet for evidence the car was repaired prior to being sold, but will do so. All they have sent me is a condition report from Manheim with photos and costs against the photos. The condition report was dated 10th June, 2 days after the car was returned, and they wrote to me on 28th June. I would be surprised if the car was repaired, it actually didn't need to be anyway.

[R0b]

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

Hi Billy,

I don't believe they are a member of BVRLA but yes you can dispute that the BVRLA guidelines are not applicable and apply a higher standard than reasonable as set out in the CCA.

If you have had the bumper done and receipts of this and the bumper doesn't look like a botched job then I think you can probably argue that also.

Have you asked them to provide evidence that the car was actually repaired prior to it being sold?