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

[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

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

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

[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,

[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

[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

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"

[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

[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

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.

[wales01man]

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

Why are do many Contracts include extra mileage costs if its not legally enforceable are all these companies getting it wrong?

[Furryhobnob]

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

This is a copy and paste of his reply
Claire

Your contract was for 37 months. 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.

Please call me on 0113 201 4440.

Regards,

Wayne

[Furryhobnob]

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

Thanks ncf, this is pretty much what I told her to email them apart from reporting them, and they have still called her and said that she's got 10 days to pay

[ncf355]

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

OK,
So given that the general average mileage is 12k PA, there is no way they can take this too court as excessive and the car in fact would be considered average mileage for the purposes of sale (be that retail or auction).


So,

I'd say just send them this:



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.

Yours faithfully,

X

[Furryhobnob]

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

Also another thing, it states in her contract with Peugeot that she must sign an inspection report when giving the car back, well she was in a meeting at work and she told the guy if there were any issues with the car and he needed a signature to call her and she would come out of her meeting, he didn't do this, instead he got a work colleague to sign the inspection report instead, by doing this has he breached the contract?