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

[vanbasten]

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

Is this too detailed?

Dear Sirs,


Further to your letter dated 27^th February 2014 regarding the termination of my agreement with ********** in respect of vehicle registration *******, and wherein you state that the vehicle has found to be damaged over and above industry wear and tear due to a scratch on the front bumper and asking for payment of £135.00.

I would dispute your statement of this damage and monies owed and will state my reasons below.

Firstly, I would request that you provide photographic evidence of the scratch on the bumper for which you are trying to charge me.

On Friday 21^st February 2014, the car was collected from my home at 12:00pm by one of your agents, *********. *********** carried out an inspection of the vehicle before it was driven away not by ********* herself may I add, but by some other lady who had arrived with ********** and was not introduced to me beforehand so i am unsure who she is.

I have taken almost 70 photos of the condition of the car with that day’s newspaper on view in them, and there was no scratch to the front bumper when the vehicle was collected from me. These Photographs can be presented as evidence if required.

The condition report issued by *** at the time of her inspection does not include any mention of a scratch on the front bumper of the vehicle; however it did note the minor stone chipping on the bonnet which is to be expected on a 7 year old vehicle, and is classed as fair wear and tear by the BVRLA.

The vehicle was then driven 42 miles to an Auction House by the lady who turned up with ***********, and on 21^st February 2014 the vehicle appeared on the auction houses website with an inspection report timed at 15:14:02 on 21^st February 2014 which graded the vehicle as Category B – “Better than average with only minor chips or scratches in panel surfaces”.

I have printed out copies of this inspection report and there is no mention of any damages above “Industry Wear and tear”.

I also have the vehicle grading criteria from the auction house and I would draw your attention to the fact that Category C graded vehicles are classed as having “Normal Wear and Tear” (for example, car park dings, small scratches, chips and/or minor broken parts.

As my car has been graded as a Category B by the auction house I am puzzled that you claim it has damage “above industry wear and tear”.
If this was the case then how can it have been classified as Category B.

This grading criteria from the auction house can also be used as evidence as required.

I note that the inspection report enclosed with your letter is dated 25/02/2014 at 15:40:40, some 4 days after the vehicle was collected from me, and some 4 days after the auction houses first inspection report which detailed no damage over fair wear and tear.

This report dated 25/02/2104 also grades the vehicle as a Category B, but yet now notes damage to the vehicle, namely a scratch on the front bumper.

It seems strange to me that a vehicle inspection report can be changed in this manner.

This damage was not caused by me, nor did it occur during the time the vehicle was in my possession and I should not be held liable for it.

I await your response in this matter.

Thank you,

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

Pretty much what you have written here really
Dear sir

Re your letter/invoice dated xx/xx/xx and voluntary termination of vehicle registration xxxxxxx

The sums claimed in the above are unwarranted as the damage mentioned was not present when the vehicle was returned.
I have evidence to prove this assertion in the form of A B C.

Please confirm the completion of the voluntary termination process and that the account now has a zero ballance.

Many thanks

[vanbasten]

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

Thanks again andy58 for your help.

Perhaps i should not show my hand too soon with the evidence i hold and just inform them that i have it as you say.

Can you advise on the wording of my letter/email to them?

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

Should i include the copies of my photos of the vehicle, the inspection report from collection and the copies of the 2 inspection reports i have available from the auction house with my letter and email?

I would certainly mention that I had all this evidence, if you have scanner you could attach them to the email I suppose. On the occasions where this has happened to me , I have just mentioned that I had the evidence and state that i would produce it if necessary and that as enough.

I rarely hear of a case where the creditor has not tried to claim something after a VT , it is a shot to nothing for them, some as said will just pay up, if not they have not lost anything, it really is scandalous.

[vanbasten]

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

Should i include the copies of my photos of the vehicle, the inspection report from collection and the copies of the 2 inspection reports i have available from the auction house with my letter and email?

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

So following the VT of my agreement i have received a letter from RMS receivables stating that there was damage to my car "Over and Above Industry Wear and Tear", and asking for payment of £135 for repairing a scratch on the front bumper.

Now, On the Vehicle inspection report issued to me at the collection of the vehicle at 12:00 pm on 21st Feb 2014, there is no mention of a scratch on the front bumper.
The car was taken away by the driver and taken directly to an auction house 42 miles away.

I have taken almost 70 photos of the car with that days newspaper on view in them, and there was no scratch to the front bumper

On 21st Feb 2014 at 16:00 hours my car appeared on the auction houses website with an inspection report timed at 15:14:02 on 21/02/2014 which again has no mention of any scratch on the front bumper. In fact no damage is listed on it at all and it has been graded as Category B by the auction house,which means the vehicle is better than average with only minor chips or scratches in panel surfaces.
Category C vehicles it states have normal wear and tear (E.g. car park dings, small scratches, chips and/or minor broken parts.)

I have printed an hold a digital copy of this report dated 21/02/2014.

The report i have been supplied with their letter is dated 25/02/2014 at 15:40:40 and whilst also grading the car as Category B now has damage listed as Front Bumper Scratched - Damage Cost £135.00.

In my opinion the damage is non existent or has occurred after the car has left my possession and i should not be held liable for it.

Can anyone advise on how i dispute this with them?

Should i email or write to them?

I would do both.

Yes you just have to respond as you have stated here, it is usual for them to send claims like this, many will just pay up. Stick to your guns and record all correspondence, they generally give up when they see that the previous owner is not going to be intimidated.

[vanbasten]

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

So following the VT of my agreement i have received a letter from RMS receivables stating that there was damage to my car "Over and Above Industry Wear and Tear", and asking for payment of £135 for repairing a scratch on the front bumper.

Now, On the Vehicle inspection report issued to me at the collection of the vehicle at 12:00 pm on 21st Feb 2014, there is no mention of a scratch on the front bumper.
The car was taken away by the driver and taken directly to an auction house 42 miles away.

I have taken almost 70 photos of the car with that days newspaper on view in them, and there was no scratch to the front bumper

On 21st Feb 2014 at 16:00 hours my car appeared on the auction houses website with an inspection report timed at 15:14:02 on 21/02/2014 which again has no mention of any scratch on the front bumper. In fact no damage is listed on it at all and it has been graded as Category B by the auction house,which means the vehicle is better than average with only minor chips or scratches in panel surfaces.
Category C vehicles it states have normal wear and tear (E.g. car park dings, small scratches, chips and/or minor broken parts.)

I have printed an hold a digital copy of this report dated 21/02/2014.

The report i have been supplied with their letter is dated 25/02/2014 at 15:40:40 and whilst also grading the car as Category B now has damage listed as Front Bumper Scratched - Damage Cost £135.00.

In my opinion the damage is non existent or has occurred after the car has left my possession and i should not be held liable for it.

Can anyone advise on how i dispute this with them?

Should i email or write to them?

[psycho28sc]

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

any tips for when they do?? Surely it goes to auction in the state it's in sold as seen,

i have just received a hefty invoice £520.57 for damage to the car I VT, it states there was a scratch on the bumper and that there was a unsatisfactory repair to the windscreen, and three of the alloys where damaged.

i have carbon copy of the from left by the driver when he collected it there is no damage mention or noted on the section with the car diagram in it, also the wheel they are saying require refurbishment it over a certain size (>over 150mm of the circumference was the cut off i think) however the driver has just circled the damaged box and not noted any significant damage to the wheels.

i am going to write back and state there is no mention of these damages on the form so how can they expect me to pay for them.

[bsx0808]

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

...Would I be better the write a letter and send it by the 14th stating 14 days notice?

Thank you in advance for any advice. And thank goodness that your site auto saves as I somehow pressed my browser back button! :s

[bsx0808]

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

Hi, I've currently got my car on finance and have done since May 2011.

I am currently in the process of getting a new car on finance and rang my current creditor last Thursday 6th February. I know that I have paid more than 50% of the credit. I was firstly told by the woman on the phone that she would send me out the VT pack which would take 7-10 days to arrive and then I would have to return the car to one of the sites on the list. I asked if there was anything that I might be liable for and she said I had to keep paying my monthly payments until they inform me that they have sold the car at auction which could be mid to late March at the earliest.

This didn't sound right me to and in the mean time over the weekend I spoke to the man dealing with the sale of the new car to me and he confirmed that it was absurd to expect me to be still paying for a car I would no longer have. I rang back again Monday 10th Feb 2014 and the guy that answered was more helpful.

He told me that she had misinformed me and that I would only be liable for my February payment. I thought that was fair enough.. is that right?

He said I just needed to make sure I had filled in the VT pack and returned the car to a site by the 28th of Feb or I would have to pay the March payment.

I'm also worried about what they can charge for damage and also about a lack of service history?? I've scanned through about half of the 11 pages of this thread and most of the other posts I can relate to.

Should I get my car serviced although I can't really afford the extra expense? And should I be worrying about the damage to my car?

I worked out that I'd paid about £1600 over 50% of my agreement.. do they take that into consideration to cover the cost of damage?

[ncf355]

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

Aha

Well, best of british with it

I think if it was me I'd refuse to sign that just to play it safe - Like Andy states, it wouldnt make a lot of difference but why complicate things?.

[vanbasten]

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

Intrigued

Is your mileage significantly into excess?

No, in my terms and conditions of my HP agreement it simply says that i must not allow the mileage of the vehicle exceed 30,000 in any 12 month period. There were 21,000 miles on it when i got it and it has now just turned 53,875 miles 24 months later.

[ncf355]

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

I sent a letter to VT my HP agreement and have now received correspondence from the Finance Company, detailing the return of vehicle process stating that there will be a cursory inspection when the vehicle is collected to identify any obvious damage followed by a "professional inspection" by an independent 3rd party at the auction house. Then it says "if there is any excess mileage and/or damage deemed above fair wear and tear following the professional inspection their agents will contact me directly".

The car is almost 7 years old.

There is a form requiring my signature to say i wish to go ahead and end my agreement, and that i will be liable for any damage to the vehicle. (No mention on this form of Fair wear and tear.)

Should i sign and return the form or will it affect my VT if i dont?

Intrigued

Is your mileage significantly into excess?

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

It is upto you, there is no requirement for you to sign anything, VT'ng your vehicle is a statutory right, they cannot refuse to comply because you have not signed their documentation.

Having said that, the implication that you can sign away a statutory right is misplaced, just because there is a term on their letter it does to mean that a requirement of the CCA does not apply. (they cannot over rule the statute).

All that is required under section 100 of the act is that "reasonable care" is taken of the goods.

Your options are that you contact them and tell them that you are not signing anything thank you very much.

You sign it. ( which really makes little difference in the scheme of things.)

you sign it and add(subject to statute) and initial it after the offending section.

[vanbasten]

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

I sent a letter to VT my HP agreement and have now received correspondence from the Finance Company, detailing the return of vehicle process stating that there will be a cursory inspection when the vehicle is collected to identify any obvious damage followed by a "professional inspection" by an independent 3rd party at the auction house. Then it says "if there is any excess mileage and/or damage deemed above fair wear and tear following the professional inspection their agents will contact me directly".

The car is almost 7 years old.

There is a form requiring my signature to say i wish to go ahead and end my agreement, and that i will be liable for any damage to the vehicle. (No mention on this form of Fair wear and tear.)

Should i sign and return the form or will it affect my VT if i dont?