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

[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

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

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!

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

Any damage consistent with its age is fine.

[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

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!

[Paulr83]

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

I'm in the same boat as mrsjbrooke

[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.

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!

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.

[Paulr83]

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

The agreement would have terminated the day you sent the letter. You say you have proof of the condition from purchase - just send this to the company.

I've sent it again earlier this week, but they're saying that it's down to me as I'm the one that's accepted the car in that condition when purchased but they aren't accepting it in that condition back, they don't ask for a vehicle report because they only provide the funds for it, the car and condition is down to me.

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

The agreement would have terminated the day you sent the letter. You say you have proof of the condition from purchase - just send this to the company.

[Paulr83]

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

Need some help guys, I have vt'd a car to fortis lease about 2 months ago (signed all paperwork I was asked to, which I'm regretting now I think after reading this thread!!) they called me about a month ago saying they were looking £650 odd pounds for "damage" on the car, I explained that the damage was on the car when purchased and had a report from garage showing this, which I sent via email along with a letter stating that they hadn't asked for any report on condition before lending on the car and a therefore didn't believe it was down to me to pay for damage on the car prior to me owning it.

i called them again at the start of this week as after checking my credit file it now shows me being a month in arrears, the direct debit is still set up and no money has been attempted to be taken, anyway that's sorted and the mark is just to show I've vt'd the car... But while on call the say they hadn't received the original email from me, I gave them the time an date it was sent and they asked for it to be resent which I've done.

I've now had a call today saying they are applying a 30% discount to the amount originally asked for but I still don't think this is right, what should I do???? They say I've got ten days to pay the £400 odd pounds!

FORGOT TO ADD... The damage on the car is fair wear and tear... Small dinks on sides from the car being parked in car parks, no broken paint, scuffs or scratches! And a small tear on the drivers footwell carpet, as I said above all noted on the sheet from garage whew car was brought into their stock in 2010!!! It's now a 5 year old 80k car!

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

The process outlined by Gravytrain is 100% correct, so you are able to VT. I am afraid I can't help on the issue of the private plate.

[wiregal]

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

I have just come across this thread as I am in negative equity on my car and my new (cheaper (!)) company will not finance the negative equity.

On contacting Fortis this morning, I was told that I had paid over half so I could end the agreement, but she was very rude after this point! I was told that I would be sent forms to fill in and sign and the process could take 28 days. Now reading here, I can just write to them and give a reasonable amount of notice (14 days)? and ask where they would like me to drop the car off.

I have read some horror stories where people were charged extra fees when it came to the finance company not getting as much for the car as what was owed. Is Fortis within its rights to charge me, if similar occured? Im really wary of doing this..

And to complicate matters, I have a private registration that I will need to put onto retention. My agreement is with my personal registration. Will Fortis likely kick up a fuss about this changing too?

Im sorry to hijack this thread but it sounds quite right.

Did the OP get the result they wanted??

Thanks

Liz