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

Usually they are reluctant to take these to court as they are afraid of the precedent or publicity which would accompany a loosing case.

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

So they could take it to court and win is what your saying?

It has happened, it has also happened that they have tried and lost. I am unaware of any binding precedent in the matter, so each case wiould be decided on its own facts and on the day.

[Furryhobnob]

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

So they could take it to court and win is what your saying?

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

So he's basically trying it on? Shall I tell her to just ignore them?

You could copy and send the response above. It is a point of contention, and to be honest I have seen it go either way in court, it depends on how well clued up the judge is on the day, and how clearly the debtor puts his argument.

Basically, it is pretty pointless having legislation which protects the hirer if the creditor can just include a term in the contract which renders it useless.

[Furryhobnob]

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

So he's basically trying it on? Shall I tell her to just ignore them?

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

The consumer credit act contains protections for people who take ou HP agreements. The goods, as long as "reasonable care" has been taken can be returned without further cost once half the total contractual price has been paid.

The purpose of this section is to ensure the value of the bargain, there can be no facility for the creditor to "contract out" of this requirement, pointedly the act states so for the avoidance of doubt in section 173.

Your assertion that a contractual term can over-rule the requirements of statute is incorrect.

[Furryhobnob]

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

This is the email he's referring to above, which is one of the first emails she sent to them

To whom it may concern.

I have tried to call regarding my email requesting payment for damage and excess mileage but couldn't get through to anybody.

When I signed for the Peugeot it was agreed the mileage was 12,000 miles per year. As I have exceeded this by 1055 miles I will pay the excess of £70.90. *I assume this is a mistake on your part.

When the inspector came to collect my car I was unable to wait for him to complete the inspection so informed him to ask for me if there were any issues. If everything was fine then my colleague could sign it. If there was any problem I could come out of work to check it. He told my colleague it was fine and no issues so she signed it on my behalf. On inspecting the receipt I noticed he had put there was damage to NSF alloy rim. *I called him and asked why he hadn't got me like requested and why he said there were no issues yet recorded this. He told me to look on the website for the photos he took of my car. *I tried but couldn't access these. He then texted me a photo of the alloy he said was damaged. As you can see from the attached picture there is no damage.
I see from this inspection report it is saying there is damage to both the OSF and NSF alloys. I dispute this as they were fine when the car was collected.
I await your response before processing the payment of £70.90 as detailed above.

Regards
Claire

[Furryhobnob]

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

Rms have replied again, over 3 weeks since I sent what you typed, any help on a response please, reply is below, cheers

Claire,

Please see below your e-mail stating you are prepared to pay the excess mileage.

You signed the contract on the understanding of the contract and terms and conditions. (So you read and understood the contract).

This makes you liable for the understanding that you were aware of there being 6,000 miles per annum and not 12,000 which you thought, but incorrect.

You admitted liability on the grounds of the contract regarding the excess mileage ( as stated below)

Your calculations were incorrect, this could be due to the fact of you not reading the contract. But you signed the contract on the 'understanding the contract' therefore you are liable for the excess mileage in that contract.

Please call me on 0113 201 4440.

A further letter of demand has been sent to you via post.

Regards,

Wayne

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

My letter was sent in and I had a phone call from Alphera today. They said everything was in order, I needed to send them the logbook and MOT certificate and then they would arrange for the car to be collected.

i had a look around my car today to check for any problems, it's a 2007 reg with 65k on clock. Wheels are in pretty good condition, it's got 3 stone chips on the rear spoiler and a scratch on the edge of the door, around an inch long. I assume that is as expected.

it has xenon headlamp washers, and one is missing, resulting in a 1x3inch gap in the bumper where the cover should be. Realistically this can only be sorted by a dealer (around £200) unless I get lucky at a scrapyard. Would you get this fixed now, or wait until it's collected and pay if they produced an invoice, I would assume that this doesn't affect the VT but does not constitute fair wear and tear?

I would expect that the minor chips would be fair wear and tear, but anything which would be considered damage would be down to you. Personally I would try and get it resolved cheaply before it went back to save problems afterwards, conversely you can just let them chase you post termination.

[TheBoomerang]

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

You need to get the VT in as quickly as possible as you will be liable for any contractual payment up until the end of the notice and the agreement is terminated.

My letter was sent in and I had a phone call from Alphera today. They said everything was in order, I needed to send them the logbook and MOT certificate and then they would arrange for the car to be collected.

i had a look around my car today to check for any problems, it's a 2007 reg with 65k on clock. Wheels are in pretty good condition, it's got 3 stone chips on the rear spoiler and a scratch on the edge of the door, around an inch long. I assume that is as expected.

it has xenon headlamp washers, and one is missing, resulting in a 1x3inch gap in the bumper where the cover should be. Realistically this can only be sorted by a dealer (around £200) unless I get lucky at a scrapyard. Would you get this fixed now, or wait until it's collected and pay if they produced an invoice, I would assume that this doesn't affect the VT but does not constitute fair wear and tear?

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.

[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?

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.

[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

[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?