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

[markw1981]

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

Afternoon All,

I VT my car with Advantage Finance and are due to take it to Stoneacre tomorrow to drop off, can you advise of anything I need to know in my benefit or tips on making sure I do not get stitched up at a later date?

Thank you

[R0b]

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

Hi Mark, read this link http://www.legalbeagles.info/forums/...ry-Termination

Take plenty of photos before hand over and don't sign anything that says you agree to be liable for damages.

[markw1981]

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

Hi Rob,

many thanks for the reply.

Do Advantage Finance try anything on once you hand the vehicle back

[R0b]

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

The usual will be compensation for damage to the car beyond reasonable condition given age and mileage and charges for excess mileage i.e. going over your annual quota

[Cda2212]

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

Hi
I'm not sure if my comments are visible as I never seem to get a response. But please, I stand corrected on the BVRLA information I posted. I have gone back as far as the very first post and clicked on the link pertaining to further information and template letters and found the correct information.
Apologies for my incorrect post earlier in this thread.

[malnik]

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

Hello all.....
I am about to voluntarily terminate a PCP with Fiat. I did call them and ask options and it was them that said the option to do so as I had paid over 50%. Nice of them!
They said all i had to do was make a time for them to pick it up and they will notify me within 14 days of pick up that its finalised, after seeing the car. They told me that I would be liable for excess mileage, which will be about 1000 miles at 6p a mile.

This all sounds too easy......

I didnt do it at that time as I was gobsmacked I could do this. Now I see what its all about I will do so. Should I still confirm in writing? Is the letter at the front of the forum still valid?
Or do I trust them to do the right thing? No letters, no pictures etc?
Anyone any experience with Fiat?

[jaw1985]

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

If you are writing to them then it might be best to spell out exactly why they cannot default you and if they choose to do so then you will consider bringing proceedings against them for breach of data protection (principle 4, reporting inaccurate data) and reserve the right to claim damages as a result.

Hi R0b,

Do you have any recommendations of how I outline this which would eliminate the chance of them interpreting what I'm saying to them? I don't mean a full letter but a statement of intent if you will.

[R0b]

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

Hi R0b,

Do you have any recommendations of how I outline this which would eliminate the chance of them interpreting what I'm saying to them? I don't mean a full letter but a statement of intent if you will.

If I were you, this is how I would word it and I know you are happy with paying repair costs but you can at least try to bring the price down - amend the wording as you wish.

Dear Sir / Madam,

LETTER BEFORE ACTION: BREACH OF DATA PROTECTION UNDER A HIRE-PURCHASE ARGREEMENT NUMBER [NUMBER] (the “Agreement”)

I am writing to you in response to your letter dated XX XX XXX concerning the above Agreement in which you appear to be claiming repair costs of the vehicle amount to £1,750. I believe that the costs you are claiming in relation to the condition of the car are unreasonably high for several reasons. On receipt of the car at the time of entering into the Agreement, it had already sustained some damage such as [DESCRIBE ANY DAMAGE ON THE CAR ALREADY]. You should be aware that I can only be reliable for damage to the vehicle whilst it was in my possession and it would be unjust for you to claim monies for something which i was not responsible for. Furthermore, you have not yet provided any proof that the repairs to the car was in fact carried out and as I understand it the car was sold at auction without any repair work being performed. Finally, you are under a duty to mitigate your losses and where no such mitigation takes place, this precludes the recovery of such losses that have incurred as you have did not make reasonable efforts to avoid such losses. In the case of the repair bill, the Consumer Credit Act 1974 states that the car only need to be in a reasonable condition and so any repairs should be brought up to a reasonable standard and nothing more. Again, where such repairs have caused the vehicle to be in a state beyond a reasonable condition, this is not recoverable.

It has also come to my attention that you are currently reporting a [default or marker] on my credit file equivalent to the costs of the repair bill. You will be aware that I gave notice to you on [DATE] in which I terminated the Agreement. Moneyway does not have any legal right or authority to place a default or outstanding balance tied to the Agreement for the sum of £1,750 and this is because:

1. the repair bill did not form any part of the total amount payable or any of the monthly instalments under the credit agreement;

2. the Agreement is already terminated and has been since [DATE]; and

3. the repair bill costs are not a recognised debt but an alleged debt which can only become recognised a by the Courts of England and Wales.

By the fact that you are continuing to report this repair bill as something which is owed, you are in breach of Principle 4 of the Data Protection Act 1998 (reporting inaccurate data) in that you continue to report that the Agreement has not expired when it has and that the repair bill is a debt that I owe yet it is not recognised by the court as being something which you are owed. Such breaches are actionable through the civil courts in which damages can be sought due to the negative effect it has on my credit file, which has been highlighted in the Supreme Court case of Durkin v DSG Retail Ltd.

In the circumstances and in the interest of avoiding further costs by both parties, I am prepared to take no further action provided that within the next 14 days, you remove the default from my credit report. Should you fail to update my credit file accordingly, I reserve the right to issue proceedings against you without further notice for an order to remove the default and damages as the court sees fit, including any costs incidental to the proceedings. I shall also notify the Information Commissioners Office as regards to your conduct and failure to comply with the Data Protection Act.

I look forward to hearing from you within the next 14 days.

Yours faithfully,

[NAME]

[jaw1985]

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

If I were you, this is how I would word it and I know you are happy with paying repair costs but you can at least try to bring the price down - amend the wording as you wish.

Dear Sir / Madam,

LETTER BEFORE ACTION: BREACH OF DATA PROTECTION UNDER A HIRE-PURCHASE ARGREEMENT NUMBER [NUMBER] (the “Agreement”)

I am writing to you in response to your letter dated XX XX XXX concerning the above Agreement in which you appear to be claiming repair costs of the vehicle amount to £1,750. I believe that the costs you are claiming in relation to the condition of the car are unreasonably high for several reasons. On receipt of the car at the time of entering into the Agreement, it had already sustained some damage such as [DESCRIBE ANY DAMAGE ON THE CAR ALREADY]. You should be aware that I can only be reliable for damage to the vehicle whilst it was in my possession and it would be unjust for you to claim monies for something which i was not responsible for. Furthermore, you have not yet provided any proof that the repairs to the car was in fact carried out and as I understand it the car was sold at auction without any repair work being performed. Finally, you are under a duty to mitigate your losses and where no such mitigation takes place, this precludes the recovery of such losses that have incurred as you have did not make reasonable efforts to avoid such losses. In the case of the repair bill, the Consumer Credit Act 1974 states that the car only need to be in a reasonable condition and so any repairs should be brought up to a reasonable standard and nothing more. Again, where such repairs have caused the vehicle to be in a state beyond a reasonable condition, this is not recoverable.

It has also come to my attention that you are currently reporting a [default or marker] on my credit file equivalent to the costs of the repair bill. You will be aware that I gave notice to you on [DATE] in which I terminated the Agreement. Moneyway does not have any legal right or authority to place a default or outstanding balance tied to the Agreement for the sum of £1,750 and this is because:

1. the repair bill did not form any part of the total amount payable or any of the monthly instalments under the credit agreement;

2. the Agreement is already terminated and has been since [DATE]; and

3. the repair bill costs are not a recognised debt but an alleged debt which can only become recognised a by the Courts of England and Wales.

By the fact that you are continuing to report this repair bill as something which is owed, you are in breach of Principle 4 of the Data Protection Act 1998 (reporting inaccurate data) in that you continue to report that the Agreement has not expired when it has and that the repair bill is a debt that I owe yet it is not recognised by the court as being something which you are owed. Such breaches are actionable through the civil courts in which damages can be sought due to the negative effect it has on my credit file, which has been highlighted in the Supreme Court case of Durkin v DSG Retail Ltd.

In the circumstances and in the interest of avoiding further costs by both parties, I am prepared to take no further action provided that within the next 14 days, you remove the default from my credit report. Should you fail to update my credit file accordingly, I reserve the right to issue proceedings against you without further notice for an order to remove the default and damages as the court sees fit, including any costs incidental to the proceedings. I shall also notify the Information Commissioners Office as regards to your conduct and failure to comply with the Data Protection Act.

I look forward to hearing from you within the next 14 days.

Yours faithfully,

[NAME]

Absolutely outstanding I will amend accordingly. Thank You.

[lambyy]

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

Hi,

I am VTing my current agreement with Fiat. I have paid over 50% of the amount oweing and sent my letter off today. I am over my allowed mileage for the year(s) so I accept I will have to pay for this. However, I also took out SmartRepair through them (something with I will never do again - learn from your mistakes!), and they are telling me I will need to repay the outstanding amount of that which is about £180. However, nowhere does it state this in my contract. I have queried this with them and they have said they can't disagree with what I am saying about it not being stated in my contract, however I still have to pay it under the CCA. I have asked them to point out exactly which section of the CCA relates to this and they are getting a manager to ring me back tomorrow. Does anyone know if I have to pay the remaining amount back? I have no problem paying it if they can show me written proof I have too.

The SmartRepair loan is with a separate company, not FCA which is why they are saying I have to pay the remaining amount back - but my signed contract is with FCA, not FCA plus a third party company. So even though it isn't in my contract apparently I have to pay the remaining balance? If someone can clarify it would be extremely helpful.

Thank you.

[bangerdemon]

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

Hi Rob,

many thanks for the reply.

Do Advantage Finance try anything on once you hand the vehicle back

Yes, after the vehicle has been sold at auction, they will try and get you to pay for repairs that hadn't been carried out!!!

Make sure you have plenty of photo's of ALL damage and of the general condition of the car.

Bangers

[JMET91]

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

Sorry ******, thought your name was Tia.. now realising you meant thanks in advance :tsk:

Well if you think the car was returned in a reasonable condition then the onus is on RMS to prove otherwise. It is unlikely as the car is probably sold at auction by now and without proper evidence I can't see how they can reclaim the monies.

If you haven't heard anything back it might be a good idea just to follow up your previous email before the end of the 35 day period and mention you have not heard from them.

I'm not aware of anyone on here being taken to court but that is still a possibility so you have to be aware of that at the back of your mind, but again proof is necessary and no proof = no claim.

Also keep an eye on your credit file in case they place a default marker on your file. If they do then you can take action against them for breach of data and seek damages.

Hi [MENTION=71570]R0b[/MENTION].

Unfortunately, heard from them again today (via phone - they hadn't clicked on to the email stating I would prefer all contact to be via email or letter). So I am awaiting their response - in the meantime, it reminded me that you requested images of the invoice section of the letter. These are attached; let me know if you wanted any of the other sections?

The 35 days I stated previously is how long they have to issue the bill, not how long I have to pay it (unfortunately!).

Thanks!

******

[billydane9]

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

An update on this. Northgate responded to my letter asking me to send them my photos to compare with their condition report.

On receipt of my photos they wrote to confirm that in light of the photos I sent I had nothing further to pay and my account was closed.

Overall, by having clear photo evidence it was a relatively painless process to VT my agreement.

[R0b]

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

Hi @R0b.

Unfortunately, heard from them again today (via phone - they hadn't clicked on to the email stating I would prefer all contact to be via email or letter). So I am awaiting their response - in the meantime, it reminded me that you requested images of the invoice section of the letter. These are attached; let me know if you wanted any of the other sections?

The 35 days I stated previously is how long they have to issue the bill, not how long I have to pay it (unfortunately!).

Thanks!

******

With that evidence there, I can see no way in which they can prove any damage to the car. Have they sent you photos too or was that just it?

[Kellster]

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

Hi guys, quick question. Car is finally being collected tomorrow. Just wondering what I do with the V5? Unsure which part I should fill in or keep. Thanks