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

[ncf355]

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

Yes, they are wrong and trying it on

I think, as Andy58 has alluded to elsewhere in this thread, if you had done space shuttle mileage and then tried to VT they may have a case as it would effect the retail value, but this case clearly does not fall into that.

[Furryhobnob]

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

Thanks again nfc, I'll tell her to copy and paste your template and send it to rms, and see where we go from there, no doubt I'll be back on here with another question soon enough lol

[ncf355]

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

Furry,

Edited version:


Dear Sir/Madam,

As you are aware, the Consumer Credit Act 1974 allows for me to voluntarily terminate our agreement without further cost, providing the vehicle agreement has had in excess of 50% of the total sums due paid.

I have paid in excess of 50% of the total sums due under this agreement and the vehicle has been returned in a reasonable condition, as again required by the act to effect a VT.

Accordingly, I believe that you are attempting to circumvent the clear legal statute within CCA 1974 via a unlawful term in your agreements.

Due to the above, I hereby state that no further payments will be forthcoming, and any legal action you unwisely decide to take against me will be vigorously defended via the points stated above.

Should you continue attempts to gain funds not legally due, I shall make complaints to the appropriate bodies questioning your fitness to hold a credit license due to your apparent lack of understanding of the act that governs such transactions.

I would add that I require and demand all contact to be made in writing, any further telephone calls will be ignored but a note of their date and time will be made for future evidence.

Yours faithfully,

X

[ncf355]

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

Addition, a helpful comment from Andy58, earlier in the thread:

"Since the act itself only says "reasonable care", any contractual stipulation which seeks to override this would be "contracting out" of the legislation and not allowed under section 173 of the CCA"

[Furryhobnob]

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

She sent your template and they have replied already with this

Claire,

*

Again, Because you paid over 50% of the amount payable does not mean to say you have exceeded your payments. The consumer credit act 1974 allows you to terminate your contract at an earlier point without being liable for further rentals or shortfall following the sale of the vehicle. You are still liable for excess mileage charges - End of contract charges.

*

You read, signed and understood the contract and terms and conditions when purchased the vehicle, regardless of the signature being on a separate page. You are legally liable to the costs of the excess mileage.

*

A refusal to pay the excess mileage charge is a contractual breach and is considered to be a fraudulent misuse of a financed asset.* Non-payment can result in your details being registered on the National Fraud Database, CIFAS the UK’s fraud prevention Service.

*

Please call 0113 201 4440 to pay £1,372.57.

*

Regards,

*

Wayne

[ncf355]

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

Absolute cr*p

Ignore them, wait and see what they do next, you have made your position clear

I'll try and get Andy58 to comment as well

[ncf355]

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

For some clarity, it's clear that they are attempting run her round in circles

However, so you can be seen to have communicated in a reasonable manner, send the following:



Dear Sir,

I have made my position in this matter clear, but for your reference I quote from the act:
"173 Contracting-out forbidden.

(1)A term contained in a regulated agreement or linked transaction, or in any other agreement relating to an actual or prospective regulated agreement or linked transaction, is void if, and to the extent that, it is inconsistent with a provision for the protection of the debtor or hirer or his relative or any surety contained in this Act or in any regulation made under this Act. "

Your term that stipulates further payment beyond that required under Section 10 of the act is clearly expressly forbidden by the Consumer Credit Act 1974, therefore I retain my position that no further payment is due or shall be made.

Further, should you take steps to add CIFAS information in relation to this agreement or my person in any way, I shall take action against your for this unlawful act under the Data Protection Act 1998.

As your correspondence in this matter has now become circular it is not my intention to respond (beyond a simple acknowledgment of receipt) any further to your unwarranted demands as I have made my position in law clear.

Yours faithfully,

[Furryhobnob]

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

She sent the above not long after you posted ncf, they havnt responded as of yet, they replied almost instantly to the first one :-)

[Guest]

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

For some clarity, it's clear that they are attempting run her round in circles

However, so you can be seen to have communicated in a reasonable manner, send the following:



Dear Sir,

I have made my position in this matter clear, but for your reference I quote from the act:
"173 Contracting-out forbidden.

(1)A term contained in a regulated agreement or linked transaction, or in any other agreement relating to an actual or prospective regulated agreement or linked transaction, is void if, and to the extent that, it is inconsistent with a provision for the protection of the debtor or hirer or his relative or any surety contained in this Act or in any regulation made under this Act. "

Your term that stipulates further payment beyond that required under Section 10 of the act is clearly expressly forbidden by the Consumer Credit Act 1974, therefore I retain my position that no further payment is due or shall be made.

Further, should you take steps to add CIFAS information in relation to this agreement or my person in any way, I shall take action against your for this unlawful act under the Data Protection Act 1998.

As your correspondence in this matter has now become circular it is not my intention to respond (beyond a simple acknowledgment of receipt) any further to your unwarranted demands as I have made my position in law clear.

Yours faithfully,

HI ]Sorry to take so long in responding, excellent letter IMO, typo in that it is section 100 not section 10, but I am sure they get the gist, the point being that the act says"reasonable care".

Andy

[Furryhobnob]

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

Thanks Andy, like I said above no response from this one as of yet, but it took them 3 days to respond the first time I got her to email them regarding us not paying anything under the cca 1974, so not in the clear yet I shouldn't imagine, I will post any replies they have on here to show other people in a similar situation that it works (if it does anyway)
And thanks again for your input fellas, it is highly appreciated, Regards Frankie

[katorik]

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

mines pretty much in a similar state to the above where Santander are claiming excess mileage as they sent me a copy of the contract that had 5,000 miles per annum and I have done 10,000 ish per annum. In my case Santander are claiming that because I have exceeded the supposed mileage that it is a breach of the contract and therefore the mileage is outside of the VT !!! Absolute crap in my view but they have passed it to a debt collecting agency and issued a default on my credit report.

My case is now with the Financial Ombudsman however this will of course take months to resolve. In the meantime I have the default on my credit rating. Assuming the FO find in my favour what would you expect a penalty to be against Santander for the incorrect tarnishing of my credit rating?

[ncf355]

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

In a word, yes

BBut you would need to take them to court for that really

[Guest]

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

mines pretty much in a similar state to the above where Santander are claiming excess mileage as they sent me a copy of the contract that had 5,000 miles per annum and I have done 10,000 ish per annum. In my case Santander are claiming that because I have exceeded the supposed mileage that it is a breach of the contract and therefore the mileage is outside of the VT !!! Absolute crap in my view but they have passed it to a debt collecting agency and issued a default on my credit report.

My case is now with the Financial Ombudsman however this will of course take months to resolve. In the meantime I have the default on my credit rating. Assuming the FO find in my favour what would you expect a penalty to be against Santander for the incorrect tarnishing of my credit rating?

If I were you I would send them a letter, regarding the reporting of your credit status.

Along the lines of . You have recorded that my account is in default with a credit references agency, this is untrue, I therefore insist you remove the marker immediately.

I would remind you that section 13 of the Data protection Act 1998 permits an action for any damages incurred due to your failure to affirm any default exists before recording it(recent supreme court hearing Durkin).

Should the erroneous marker remain, I may commence proceedings without further notice.

You may wish to re-phrase but you get the idea.

[katorik]

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

Spoke to their 'Litigation dept' this morning as they did not have the courtesy to respond to my letter of a few weeks ago. Their position is they believe the mileage clause to be valid because it includes the term 'pro-rata' in it - they still believe this and are adament even though the clause refers to 50% and gives the exact amount as well (which I have exceeded). According to them they have had this tested by the courts but could not give me anything further on this. They believe they are correct in defaulting my credit rating as in their view it is a default and are therefore not going to remove it until they are told to do so by the financial ombudsman. Of course this will take months so I am stuck with their bullying tactics int he meantime.

Looks like this will be a waiting game?

[Guest]

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

Spoke to their 'Litigation dept' this morning as they did not have the courtesy to respond to my letter of a few weeks ago. Their position is they believe the mileage clause to be valid because it includes the term 'pro-rata' in it - they still believe this and are adament even though the clause refers to 50% and gives the exact amount as well (which I have exceeded). According to them they have had this tested by the courts but could not give me anything further on this. They believe they are correct in defaulting my credit rating as in their view it is a default and are therefore not going to remove it until they are told to do so by the financial ombudsman. Of course this will take months so I am stuck with their bullying tactics int he meantime.

Looks like this will be a waiting game?

Ask the to site the relevant case law.