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

[labman]

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

They have no choice about accepting it back. If you have done a VT the car is theirs, and they must provide you with a place to deliver it to or a time for it to be collected. The agreement is finished, terminated - simple as.

With regards to the condition, if you have proof that is absolute proof from when it was bought, that's great. There's nothing they can do about that either.

Do you want to supply more details about figures etc.. ?

They won't like it - they never do, but that is totally irrelevant to you. You are entitled, by law, to voluntarily terminate the agreement.

[labman]

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

Have you read the first few posts of this thread by Peter Bard which give an excellent, and very accurate overview of VT's. Did you use the template letter from here?

Make sure you don't sign anything from the finance company whatever they say. You do not have to, and only stand to commit yourself to unnecessary expenses if you do.

You have to remember they really hate you doing this, even though it is your absolute right, so they try every trick in the book to stop you and to wriggle out of their responsibilities. Don't let them!

[mrsjbrooke]

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

Hello, I am seeking some advice regarding my recent VT with MotoNovo Finance. I have been reading this forum and have already received great info regarding template letters and my right, which I must thank you for.

The current issue I have is regarding damage charges that have been assessed when they came to collect the vehicle. The vehicle in question is a 2004 Freelander. They want to charge me for:Paintwork scratches to the panels on both sides of the car – quoted £259.00 each, front bumper scuff – quoted £64.00 Missing key – quoted £100(sorry about different font I cut and pasted).

However the scratches and bumper scuff were already on the car when I bought it 18 months ago (I am the 4th owner) and I was never supplied with a 2nd key to which my dealer will confirm. When they came to assess the vehicle I stated clearly that I don't agree to any of these charges and was told that they were assessed using the same criteria as a brand new car would be. I would just like to know where I stand. I don't want to pay for someone else's negligence when I have looked after and serviced the vehicle since I have been the keeper.

Thank you for your time and the advice already posted.

[Paulr83]

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

I'm in the same boat as mrsjbrooke

[labman]

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

Hello, I am seeking some advice regarding my recent VT with MotoNovo Finance. I have been reading this forum and have already received great info regarding template letters and my right, which I must thank you for.

The current issue I have is regarding damage charges that have been assessed when they came to collect the vehicle. The vehicle in question is a 2004 Freelander. They want to charge me for:Paintwork scratches to the panels on both sides of the car – quoted £259.00 each, front bumper scuff – quoted £64.00 Missing key – quoted £100(sorry about different font I cut and pasted).

However the scratches and bumper scuff were already on the car when I bought it 18 months ago (I am the 4th owner) and I was never supplied with a 2nd key to which my dealer will confirm. When they came to assess the vehicle I stated clearly that I don't agree to any of these charges and was told that they were assessed using the same criteria as a brand new car would be. I would just like to know where I stand. I don't want to pay for someone else's negligence when I have looked after and serviced the vehicle since I have been the keeper.

Thank you for your time and the advice already posted.

Did you sign a condition report? If you did, I fear there is little you can do. If you didn't, and you believe it to be unreasonable, refuse to pay it and let them take you to the small claims court where you can fight your case.

I'm in the same boat as mrsjbrooke

Did you sign a condition report? If the damage was listed and you signed, then there is little you can do. If you have not signed a condition report, I'd send them evidence of the damage from when you bought it again and refuse to pay on the assumption that the car was sold at a lower value because of the damage.

In reality they will sell the vehicle through the auctions and the chances of them genuinely repairing the damage are almost zero. If they claim they've had it repaired, ask for a copy of the receipt!

[mrsjbrooke]

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

Hi thanks for a quick reply. I have it stated on their report that I disagree with the appraisal and only signed for them to take it away from the premises. I also rang the finance company immediately afterwards and had it noted on my account that I was not accepting the charges. I am prepared to take it further but I am worried about the cost of doing so. Their T&C only state that the good must be of good condition and working order. For a 9 year old car to have 2 scratches and a bumper scuff I believe is a good condition. I have not signed anything as far as I am aware that admits any liability for the damage. Do they have any legal standing here? Thanks

[labman]

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

Any damage consistent with its age is fine.

[Paulr83]

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

I signed the form and made it clear i was only signing th car over to them and not accepting charges for damage, to which I have a witness! The guy said if I had a report to prove the damage then send it to them, which I've done but they're still saying its down to me!

[labman]

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

Tell them you bought the car with the damage which was reflected in the price paid. It is returned similarly and you have signed no condition report. If they try to add the amount on to the vehicle, ask for the receipt for repair. If it was there when you bought it, nobody would expect you to pay for its repair now. Keep your proof safe. Ultimately, if you and the finance company cannot agree, then pay the balance up to half, plus any damage you think fair, but withold payment for the damage you state was there before you bought it.

[Paulr83]

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

All of he damage was there!

They are saying they don't see the car before I buy it they just provide the funds and because I took the car in that condition it's upto me to return it in the condition they want it to be in

[labman]

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

You need to be as stubborn as they're being and simply state you have proof the damage was there; this was reflected in the price of the vehicle so you will not pay for that repair. Everything else is purely to be consistent with a car of its age.

[Paulr83]

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

ive now had a letter from them saying the following...

a balance of £625.50 remains on this account from the damage to our vehicle as detailed on the manheim vehicle inspection on 15/3/13, which you witnessed.

you also signed the voluntary termination form on 22/3/13 agreeing to pay any repair costs withihn 10 days or legal action may follow to recover this balance.

we are continuing to report this default to the uk credit reference agencies and may affect your ability to obtain credit in the future.

it goes on to say theyll apply a 30% reduction bringing it to £437.85

so where does this leave me now??? The form sent with the voluntary termination pack stated it had to be signed and sent back (no mention of things stated in this thread saying it doesnt legally need to be signed) and i have a copy of the report from the auction but nothing on there says who its to be paid to or how to pay it, even though i called them upon my return to work to appeal the bill and sent the report detailing the damage that was on the car prior to me buying it. i then never heard anything back from them for well over the 10 days!

this is seriously stressing me out now

[Paulr83]

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

think this is the answer to my prayers...

Why do we have end of contract charges?

All leasing companies in membership are obliged under the BVRLA Code of Conduct to trade fairly and responsibly in all dealings with their customers. End-of-lease charges reflect the loss of value in the vehicle to the leasing company when it is returned in a poorer condition than originally contracted and / or achieves a decrease in value as a result of a failure to use, maintain and look after the vehicle and its equipment. The leasing company will not necessarily carry out any damage repair or refurbishment prior to selling the vehicle

taken from http://www.bvrla.co.uk/Advice_and_Gu...standards.aspx

[labman]

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

That's what I was trying to say in posts 101 and 103. You expect age related damage and should not be charged for this. Major damage which was there and reflected in the price when you bought it, ask for the receipt to prove they repaired it - you know they didn't, they just put it through the auction as it was.

Pay reasonable age related damages, but nothing else.

It's the problem so many hit when they think they have to sign documents from the company - they don't and shouldn't.

[Paulr83]

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

another day, another update...

ive called them to discuss their reasons for not wiping any charges,

theyre saying they dont believe the car has been handed back in satisfactory manner, when presented with info above from BVRLA they dissmiss it as "thats how the auction company deal with it when doing the appraisal"

when asked about the proof that was sent to them about damge on the the car when it was bought they say "why has that only been shown now that the damage report has been carried out", i asked them again if they asked for a report on any damage on the car when it was bought they answered no.

i said ive bought it in used car condition and that the condition was reflected by the price. they say their case is closed, i offered to pay £200 of the £437.85 but theyre not having that either.


what do i do next???