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

Re post 190 - don't pay for any of that. You send the car back, include the service book and any documentation you have, but you don't have to pay for the privilege.

Re post 191 - your suspicions are correct. Fair wear and tear is allowed, so unless there's a huge dent or something, small scratches, stone chips etc... are to be expected on a car. They often try to get you with refurbishing alloy wheels as well. Do NOT sign for anything at all you're uncomfortable with. Do not pay anything on the day - they're offering an incentive as they know they probably aren't legally due one penny of it and are trying to get cash from you.

IF they do have the work undertaken, you'd want to see proof of this, along with invoices and receipts. Far more likely, the car will go straight to an auction house and no repairs whatsoever will be done on it.

On what date does the agreement end?

[mrefc]

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

They also state a 20% discount if I pay the repair costs on the day? Surely I would want proof that the repairs if any were done?

this bit goes against what I've read on here.

you will be asked to sign the report at point of inspection giving your agreement to the inspection comments before proceeding

ive read that if not happy dont sign and it won't effect the vt

[mrefc]

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

Received letter today. All seems ok apart from a couple of things. Basically Mannheim services will contact me to assess vehicle in due course.

just reading through charges. Are they right to charge for missing manual £10, proof of regular servicing £300. Although I've had the car 2.5 years the car has just been serviced for the second time so not exactly 2 years after purchase? Service history book £25. I have this but it only has my servicing in, none other of owner before me

They say inspection in line with bvrla std industry standards

[mrefc]

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

Might be worth re-sending the email using one of these:

http://email.about.com/od/windowsret...fied_email.htm

Also, if your letter wasn't sent recorded delivery - if you have proof of postage you're fine, just go ahead and the VT date stands IMO, as delivery is assumed for legal purposes if you have proof of postage. If not, resend getting either proof of postage (you have to allow 2 days for delivery , so effectively 16 days I guess for the VT date - not sure about that, we need Andy 58).

The email issue should count if the trackers are good. I've not used them personally, but there is clearly a demand for them, and you can see why.

Thanks labman. Letter was sent recorded delivery last Tuesday signed for Thursday I spoke to them Friday and they said no letter received. Probably hadn't got it. will call in the morning. I just want to know what to say to them about date of VT legally after giving them 14 days in letter

Thanks in advance

Mike

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

Might be worth re-sending the email using one of these:

http://email.about.com/od/windowsret...fied_email.htm

Also, if your letter wasn't sent recorded delivery - if you have proof of postage you're fine, just go ahead and the VT date stands IMO, as delivery is assumed for legal purposes if you have proof of postage. If not, resend getting either proof of postage (you have to allow 2 days for delivery , so effectively 16 days I guess for the VT date - not sure about that, we need Andy 58).

The email issue should count if the trackers are good. I've not used them personally, but there is clearly a demand for them, and you can see why.

[mrefc]

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

update. they still havent been in touch. didnt even acknowledge my email. royal mail confirmed letter was signed for thursday. i'm gonna call them tomorrow. where do i stand with giving them 14 days notice of termination? likelihood is they didnt receive letter until today, that would give them 9 days to sort everything out. is that possible? dont really want this to drag on as i have new car ordered

cheers

[mrefc]

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

Update. Spoke to finance company yesterday. Said letter not received yet. Told them I'd given 14 days in letter. They said cannot to that as they hadn't gotten gotten letter. Checked with royal mail couldn't confirm it had been signed yet something about 15 days. emailed copy of letter to finance company last night

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

What is the statute that says the finance company cannot leverage a charge for collection of the vehicle?

More to the point, what is the statute that says they can charge?

As Andy58 says, once terminated the car is no longer yours, there is no contract in existence for them to enforce, the vehicle transfers to them. Full stop. :beagle:

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

What is the statute that says the finance company cannot leverage a charge for collection of the vehicle?

statute says that the agreement can be terminated at any time, it does not attach conditions, once terminated the vehicle is not the ex-hirers problem.

[Mr.Shanahan]

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

What is the statute that says the finance company cannot leverage a charge for collection of the vehicle?

[mrefc]

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

so in that case, you are giving the car back to the garage. in my case i am giving the car back to the finance company right?

hopefully i wont have to worry about that and the car is not outside my house on the 19th nov. will post an update when i receive a response from my initial VT letter. if nothing by friday i'll be calling them up

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

Yes it is correct. Use your common sense really. You know the date you cease to have an agreement with them. You are entitled to cancel insurance on the vehicle, and when I did this for someone recently with the garage playing silly beggars, I posted off the V5(C) to the DVLA changing ownership to the garage. They weren't happy, but what was my friend supposed to do - it wasn't her car anymore and they were showing no signs of making arrangements to collect it. It would be prudent to sned a letter / email telling them you're cancelling the insurance - why pay for something that isn't yours? Would you pay my car insurance? So why pay theirs?

The issue of the tax disc is similar really, though as with the insurance I would give the garage due notice of removing both, and ensure ownership is changed and you have proof of this. Again, I've helped someone do a VT where the garage ended up being fined for having no road tax on the car. Play fair, given the circumstances, but don't be taken for a mug.

[mrefc]

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

Not necessarily. They can expect you to deliver the vehicle back within a 'reasonable' distance. Often they ask people to take it straight to an auction house. More often, there is a delay in the collection of the vehicle, and after termination, you are effectively storing the car for them - you could try charging storage, but I suspect they wouldn't pay.

Either way, you may well end up with the vehicle in your care after the 19th, though obviously you cannot drive it after that date as it is not yours to drive. It's best to get return / collection arrangements in place asap really.

you say not mine to drive? but i'd still have to have insurance/tax on it plus the v5 would still be in my name. hopefully it will be sorted before i get my new car as i would have to insure both at the same time, not good

i'm assuming i'll get a letter from them by the end of the week, hopefully explaining what happens next. like i said earlier, reading the posts on here, i should sign no paperwork they send as it is not a requirement of a vt. is this correct?

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

Not necessarily. They can expect you to deliver the vehicle back within a 'reasonable' distance. Often they ask people to take it straight to an auction house. More often, there is a delay in the collection of the vehicle, and after termination, you are effectively storing the car for them - you could try charging storage, but I suspect they wouldn't pay.

Either way, you may well end up with the vehicle in your care after the 19th, though obviously you cannot drive it after that date as it is not yours to drive. It's best to get return / collection arrangements in place asap really.

[mrefc]

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

so 19th of nov is when they would ask for car back/be collected?