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

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

Hi Shutterz and Andy, this is v useful for me too, so thank you. I just wondered what you found for the wording re the damage. It'd be useful for me to use too, so if you're able to post it, that'd be great... Sounds like we are both up against RMS!

The issue regarding to the vehicle whilst you are in posession, is that you are liable for repairs
It is always better to get these done yourself before the car goes back, otherwise they are justified in chasing you for the cost. Damage cannot halt the vt process though.

[alphawhiskey]

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

Ah thank u so much Andy that's great! I found an answer earlier on in the thread regarding how to word the letter for the damage they are pursuing me for that isn't there and now I can add this to my letter regarding the excess milage! I'm just so reluctant to give them another penny after them misleading me over deposits and so on! I'll let you know how I get on.

Thank you you once again...

Hi Shutterz and Andy, this is v useful for me too, so thank you. I just wondered what you found for the wording re the damage. It'd be useful for me to use too, so if you're able to post it, that'd be great... Sounds like we are both up against RMS!

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

I should mention that me and Mr peterbard, for the few who do not know are one of the same, if I continue to post on this forum I may revert to my earlier name as I want to concentrate more on this kind of issue, unless admin have other ideas of course

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

Ah thank u so much Andy that's great! I found an answer earlier on in the thread regarding how to word the letter for the damage they are pursuing me for that isn't there and now I can add this to my letter regarding the excess milage! I'm just so reluctant to give them another penny after them misleading me over deposits and so on! I'll let you know how I get on.

Thank you you once again...

Yes and you want to mention that right at the beginning of the letter also, if the salesman made an agreement with you which convinced you to hire the car then this is a binding agreement in law, it certainly should be mentioned. It is called anticedant negotiations, you can say that during anticedent negotiations the salesman said that..... and this was a principle reason for the purchases.

[Shutterz]

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

The main arguments are

That the Consumer credit act and the contract says that once one half of the total amount payable under the contract is paid nothing else is due.

The amount due on termination is defined in section 100 of the CCA and it says nothing bout excess millage fees.

You cannot include a term in a contract which contravenes a provision included in statute for the protection of the consumer (contracting out), such an excess millage term would be in contravention of section 100 and section 173(no contracting out permissible)

Such a term in a contract would be a penalty in common law and unenforceable, as it is not a genuine pre-estimte of losses under the contract, if it were there would be a value for under usage, and a rebate given if the given millage was not attained.

This term was not negotiated under the contract nor was it a core term and therefore under the Unfair Terms in Consumer Contracts act 1999, and I would assert that the term was unfair in that it did not fairly balance the inters of both parties for the above reason.

Work those into a letter in your own words, just as a starter.

Ah thank u so much Andy that's great! I found an answer earlier on in the thread regarding how to word the letter for the damage they are pursuing me for that isn't there and now I can add this to my letter regarding the excess milage! I'm just so reluctant to give them another penny after them misleading me over deposits and so on! I'll let you know how I get on.

Thank you you once again...

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

The form says -
'I also understand that I may have an additional liability if I have not taken reasonable care of the goods and the resale price is adversely affected'

The woman on the phone explained that this means they will send me a letter telling me that I will be liable for the car until it is sold and not to cancel any direct debits or assume my contract has ended until they send me a letter confirming it has been sold. She also said I will be liable for any faults they might find which could affect the resale. The car is absolutely fine but what if they damage it or make something up to try and charge me at a late date?!

No you are only liable for the vehicle until the agreement is terminated, after that it is there worry.

You must cancel your direct debit after the last payment, i would also contact your bank if you have ever made any card payment sin case they have kept your number, probably not needed, but if it were me I would do it anyway since they seem to think that they can take extra money out of your account.


The form itself says nothing of the sort, if this is all it says you can sign it if you want and send it back.

You are not responsible for the price they get at auction, that would be ridiculous, no judge would ever hold still for that, what if the auctioneer had an off day. Nonsense. There is no way they could enforce such a daft idea so you can sign it as it is or if you feel better put a line through the bit about the auction and n it then photo copy the altered document and then send it.

If you talk to the young lady again you can inform her that the agreement will be terminated wen you say, and the vehicle will be their property from that point.

[Kestrel86]

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

The form says -
'I also understand that I may have an additional liability if I have not taken reasonable care of the goods and the resale price is adversely affected'

The woman on the phone explained that this means they will send me a letter telling me that I will be liable for the car until it is sold and not to cancel any direct debits or assume my contract has ended until they send me a letter confirming it has been sold. She also said I will be liable for any faults they might find which could affect the resale. The car is absolutely fine but what if they damage it or make something up to try and charge me at a late date?!

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

Hi there... So sorry to intrude this post but I posted above a few days ago with a similar situation to this member. I was contracted to 6000 per annum but would like to contest this. My car has 23000 miles on and I had it for 2 years and five months from new. Could you give me some pointers on how to word my letter to argue my case with RMS receivables. Your help is much appreciated.

The main arguments are

That the Consumer credit act and the contract says that once one half of the total amount payable under the contract is paid nothing else is due.

The amount due on termination is defined in section 100 of the CCA and it says nothing bout excess millage fees.

You cannot include a term in a contract which contravenes a provision included in statute for the protection of the consumer (contracting out), such an excess millage term would be in contravention of section 100 and section 173(no contracting out permissible)

Such a term in a contract would be a penalty in common law and unenforceable, as it is not a genuine pre-estimte of losses under the contract, if it were there would be a value for under usage, and a rebate given if the given millage was not attained.

This term was not negotiated under the contract nor was it a core term and therefore under the Unfair Terms in Consumer Contracts act 1999, and I would assert that the term was unfair in that it did not fairly balance the inters of both parties for the above reason.

Work those into a letter in your own words, just as a starter.

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

Hi Andy!

Right so I received the forms that they so desperately want me to sign and return and it states the figure plus the collection cost so I called them and said I'm not signing the forms or paying the collection costs. She then said she can waive the insurance costs of £430 if I pay the £75 and return the forms. That would be then end of it. So I asked for this on writing but she said she can't send me anything but the calls are recorded and assured me I would not get billed any further.

I paid the £75 but now I'm scared to send the forms back as they say I'm liable for the car until it's sold etc and the contract will run until it's sold.

She said without the forms they will contest the wording of my letter and basically put up a fight (in so many words). This is so stressful what do I do? Fill the forms in to get rid of them or will this make things 10 times worse.

Thats a new one what exactly does it say about the liability for the car, exact words please.

[Kestrel86]

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

Hi Andy!

Right so I received the forms that they so desperately want me to sign and return and it states the figure plus the collection cost so I called them and said I'm not signing the forms or paying the collection costs. She then said she can waive the insurance costs of £430 if I pay the £75 and return the forms. That would be then end of it. So I asked for this on writing but she said she can't send me anything but the calls are recorded and assured me I would not get billed any further.

I paid the £75 but now I'm scared to send the forms back as they say I'm liable for the car until it's sold etc and the contract will run until it's sold.

She said without the forms they will contest the wording of my letter and basically put up a fight (in so many words). This is so stressful what do I do? Fill the forms in to get rid of them or will this make things 10 times worse.

[alphawhiskey]

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

Two differing points.
As far as the scratches are concerned, if you consider that they are what you would expect for a car of that age in reasonable condition then you do not have to pay, or if they were already n the car for that matter.
As far as excess millage charges are concerned, it depends on what is on your contract and if you want to contest them, usually what happens it the hirer will contest , and the dealer/ creditor will come back with a reduced offer, you could take them all the way to court and say that there is no requirement for you to pay as the legislation does not permit, there are also other arguments which I can give you should you want to pursue this.
The problem is that some judges will say that it was in the contract so it is owed, in my view this is wrong, but at the end of the day it is your choice. I have found that usually these things can be settled by a degree of horse trading and it is a matter of who blinks first, as neither side really wants to push it to court.

Thanks so much for this, Peter - that's v helpful... I appreciate it.
Angela

[Shutterz]

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

Two differing points.
As far as the scratches are concerned, if you consider that they are what you would expect for a car of that age in reasonable condition then you do not have to pay, or if they were already n the car for that matter.
As far as excess millage charges are concerned, it depends on what is on your contract and if you want to contest them, usually what happens it the hirer will contest , and the dealer/ creditor will come back with a reduced offer, you could take them all the way to court and say that there is no requirement for you to pay as the legislation does not permit, there are also other arguments which I can give you should you want to pursue this.
The problem is that some judges will say that it was in the contract so it is owed, in my view this is wrong, but at the end of the day it is your choice. I have found that usually these things can be settled by a degree of horse trading and it is a matter of who blinks first, as neither side really wants to push it to court.

Hi there... So sorry to intrude this post but I posted above a few days ago with a similar situation to this member. I was contracted to 6000 per annum but would like to contest this. My car has 23000 miles on and I had it for 2 years and five months from new. Could you give me some pointers on how to word my letter to argue my case with RMS receivables. Your help is much appreciated.

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

Two differing points.
As far as the scratches are concerned, if you consider that they are what you would expect for a car of that age in reasonable condition then you do not have to pay, or if they were already n the car for that matter.
As far as excess millage charges are concerned, it depends on what is on your contract and if you want to contest them, usually what happens it the hirer will contest , and the dealer/ creditor will come back with a reduced offer, you could take them all the way to court and say that there is no requirement for you to pay as the legislation does not permit, there are also other arguments which I can give you should you want to pursue this.
The problem is that some judges will say that it was in the contract so it is owed, in my view this is wrong, but at the end of the day it is your choice. I have found that usually these things can be settled by a degree of horse trading and it is a matter of who blinks first, as neither side really wants to push it to court.

[alphawhiskey]

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

Hi there.... am really hoping someone can help me with this:

I followed the instructions as per this (great) thread in terms of triggering the VT on my car and it was collected for auction a few weeks ago. I signed a report form agreeing to 'light scratches' on the front and back bumpers. The chap who collected the car (who admittedly didn't work for the finance company) assured me that the car was well within what he'd call 'fair wear and tear'. I should also add though that it was raining at the time of inspection and so the box which says 'unable to check fully due to wet weather' has been checked on the report form.

I have now received a letter from the finance company demanding I pay them £140 for excess mileage charges as well as £380 for scratches to the bumpers (as marked on report as light scratches), scratches to 3 wheels (not on report) and a chip to the roof (not on report).

My questions are:

1. Do I need to pay the excess mileage? I thought with a VT they couldn't do this
2. Do I need to pay for all the damage they are claiming or am I in my rights to say it's within fair wear and tear as per the feedback from auction house rep who collected the car?

Any help/advice would be SO appreciated!

Thanks

Angela

I'm v sorry to bump this... but really hoping someone can help me. Got RMS Receivables breathing down my neck on a daily basis!

[Shutterz]

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

Hi there,

Well I finally went ahead and VT'd my Peugeot a couple of weeks ago. I had a dispute over the £200 that I had to pay in order to be able to VT. Peugeot took a £200 deposit off me when I bought the car which I have a receipt for but Peugeot finance said that that was nothing to do with them as the dealer didn't take the deposit off my finance agreement so I still had that to pay. To cut a long story short, rightly or wrongly, I paid it to enable the VT to go ahead.

Now I have received a bill from RMS receivables to pay for £300 of excess milage and £149 of damage. The car was supposed to only do 6000 miles per annum and i have had it for 2 years and 5 months and it had 23000 on the clock. I am reluctant to pay for anything as the car was immaculate and well taken care of both inside and out with a full service history and 3/4 tank of fuel!!. I have a copy of the report and two things aren't even on there. I took photos with the newspaper of all angles and all that there was was 2 very very tiny stone chips that did not go through the paint work and a light scuff to the alloy wheel. The man from RMS would not drive my car away unless I signed his sheet stating light scratch and said that these are well within the fair wear and tear policy and that if I didn't sign he could be liable as he was driving the car to leeds. So I wrote next to my signature that I am not signing for anything that was above fair wear and tear. My husband also got a friend who has a garage to check the car over and he has written on his garage letter head that there was no damage beyond fair wear and tear.


How shall I word my letter to RMS receivables stating I am not paying? Have you got any good quotes I can state to make me have a bit of power! Hehe...

Thank you so much for any assistance I am amazed at your knowledge!!