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

letter sent recorded delivery today. will let you know what response i get. i've put the 14 days thing in. do they normally leave it this long or will it be quick?

I assume you mean this:

"The above agreement will be terminated 14 days from the date of this notice." (if you pay less than £1500 per year on your agreement it has to be one months notice.

The agreement will be terminated 14 days from the date of the notice, so assuming you dated it today, the agreement will terminate on November 19th 2013.

[mrefc]

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

No, they're not. You should resist every charge now, they usually try to make you pay as much as possible for exercising a contractual right which should cost you nothing. :beagle:

letter sent recorded delivery today. will let you know what response i get. i've put the 14 days thing in. do they normally leave it this long or will it be quick?

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

No, they're not. You should resist every charge now, they usually try to make you pay as much as possible for exercising a contractual right which should cost you nothing. :beagle:

[mrefc]

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

I'm not sure to be honest, but either way you negotiate, and obviously you try to persuade them it was fair wear and tear. If they can't prove they did any repairs, you don't pay as the price would be reflected in the auction.

Thanks. One other thing. They asked if I had the user's manual which I don't as it was never with the car when I purchased it. Are they right to charge me £10 for this?

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

I'm not sure to be honest, but either way you negotiate, and obviously you try to persuade them it was fair wear and tear. If they can't prove they did any repairs, you don't pay as the price would be reflected in the auction.

[mrefc]

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

If you used letter from post #3, you will see it states agreement is terminated 14 days from date of letter or something like that (sorry, writing from memory). They will charge you up to that date as the agreement is live; after that they cannot charge you as you have terminated the agreement so there is no agreement in existence against which to charge.

Hope that makes sense. :beagle:

think so. But I meant do they charge for the damages after the car is collected? Or after auction etc?

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

If you used letter from post #3, you will see it states agreement is terminated 14 days from date of letter or something like that (sorry, writing from memory). They will charge you up to that date as the agreement is live; after that they cannot charge you as you have terminated the agreement so there is no agreement in existence against which to charge.

Hope that makes sense. :beagle:

[mrefc]

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

They will try for what they can in all probability. However, fair wear and tear is fine, so it is then you start to discuss. Have you read about getting photos of the damage the day it is collected with that days newspaper as proof of the date? That's a good idea, both inside and outside the car.

In reality, a car of that age is going straight to the auctions, so if they did try and charge you and really pushed the point, just ask where the work was carried out to repair the various pieces of damage, ask for copy invoices of parts and the actual work being done. They won't be able to produce them.

Have you sorted out the delivery / collection of the vehicle as that will need doing as well?

letter is going off tomorrow as just ordered my new car for collection in 3 weeks. Using letter from page one.

Do they charge after? How long? And do you have to pay them?nat half way point after nov 11th payment so no worries of extra to pay there.

saw newspaper thing. Very smart idea. I take it its best to clean car inside and out before handing back?

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

They will try for what they can in all probability. However, fair wear and tear is fine, so it is then you start to discuss. Have you read about getting photos of the damage the day it is collected with that days newspaper as proof of the date? That's a good idea, both inside and outside the car.

In reality, a car of that age is going straight to the auctions, so if they did try and charge you and really pushed the point, just ask where the work was carried out to repair the various pieces of damage, ask for copy invoices of parts and the actual work being done. They won't be able to produce them.

Have you sorted out the delivery / collection of the vehicle as that will need doing as well?

[mrefc]

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

Hi. About to start a vt with motonovo finance. How picky are the inspections? I have some scratches, chipped alloys and 3 grilles missing from an air vent. Car is 6 years old.

also any tips when dealing with the finance company ? I've read that I shouldn't sign any paperwork they sent out after my initial letter?

thanks

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

Similar situation here

http://www.consumeractiongroup.co.uk...ry-Termination

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

That's good. They have a duty, of course, to disclose the information in future to new customers.

Importantly for you, they have stated clearly they weren't aware of it, and thus they could not have made you aware of it.

[djprance]

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

Email counts as 'in writing' nowadays, as long as it is very clear, and they admit they did not mention those T&C's to you, nor were they aware of their existence. If they'll then back it up with an official letter (perhaps offer to pay for their time), all the better.

I have received this by email from the original garage today, I am hoping this confirms what I thought that they didn't even know so how can Motonovo try and enforce it.
Hi Daryl,

At no point had it been made clear to us here a The Car Specialists of any special terms regarding any customer that would wish to VT their car and to my knowledge we haven’t signed any Terms of Business to say that we have been made aware of it. We have always advised only when questioned that they need to have paid either half the amount owed or have gone over half the term as part of half’s and thirds terms noted on any signed documents. Moreover we have always advised any customer once questioned to only VT if absolutely necessary.

If we had been aware of the special clause of 12000 miles per annum we would have happily disclosed that if required. Having not known or ever seen any Terms of Business for The Car Specialists with this information on i find it hard for us the dealer to enforce this with any customers of ours.

[djprance]

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

Thanks will let you know how it goes tomorrow

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

Thanks i will call them in the morning, would an email from them suffice do you think or does it have to be an official letter?

Email counts as 'in writing' nowadays, as long as it is very clear, and they admit they did not mention those T&C's to you, nor were they aware of their existence. If they'll then back it up with an official letter (perhaps offer to pay for their time), all the better.