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

[bazzler]

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

As long as your happy - did you get a copy so they can't add stuff later?

Peronally I'd consider minor scrapes on alloys fair wear and tear, but if you're happy, it's up to you if you argue that or just put it to rest.

well done, and I'm delighted it was a positive resolution for you.

To be fair, one of the alloys I didn't realise was as bad as it was and agreed with him on that one. The rear alloy was much less so clear cut, but he said they had been told to have almost zero tolerance on the alloys now.

Everything was on a proper Manheim printed sheet which I signed both copies and kept one, with the only parts highlighted being the alloys.

Also, he either missed or didn't report on the broken hinge of the glove compartment and he also said that the rear drivers side wing had been resprayed at one point (not me!) but it was a good job so he also didn't report that. All in all, I was expecting to have to pay more than that so I'm pleased. I will go ahead and cancel my direct debit now I am no longer in possesion of the car.

Thanks so much for all the help received on here! I feel I'd have given in long ago if it wasn't for the support and re-assurance

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

As long as your happy - did you get a copy so they can't add stuff later?

Peronally I'd consider minor scrapes on alloys fair wear and tear, but if you're happy, it's up to you if you argue that or just put it to rest.

well done, and I'm delighted it was a positive resolution for you.

[bazzler]

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

The inspection flagged up 2 scraped alloy wheels at £55 each, but that was all. If £110 is the amount I get billed I'd be more than happy to walk away owing that. I got tax disc back too which has 4 months to claim back.

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

Indeed Mil! Don't forget the newspaper to prove the date, and don't rushed by the finance house. Anything they state on report, go back and photo if necessary.


Hope it goes smoothly and well done for sticking your ground!

[bazzler]

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

you have to notify DVLA that you are no longer the keeper of the vehicle , so send that slip off to dvla

knowing DVLA like i do, send it recorded delivery

Just send section 9 Yes? And give the rest of the V5 to the person that signed for the car I presume... sorry for the rather basic questions, just don't want anything else to go wrong on this

I will send via Special Delivery anyway.

[miliitant]

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

you have to notify DVLA that you are no longer the keeper of the vehicle , so send that slip off to dvla

knowing DVLA like i do, send it recorded delivery

[bazzler]

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

those repairs would only be for damage not consistant with the vehicle age and condition

the finance company have no intention of doing any repirs, the auction house will just sell it

make sure you take lots of photos at the auction house, try and get the assessor and aution house signs in the shots

it just goes to show the finance company were spinning you a line on the vt

Thanks There shouldn't be any issue with damage as it's in spot on condition. Any little slight marks will be photographed with that days newspaper, should he want to make a note of any on his report. How in depth are the checks usually, and also, do I just fill in and send off section 9 of the V5 document after they have also signed it?

Cheers

[miliitant]

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

those repairs would only be for damage not consistant with the vehicle age and condition

the finance company have no intention of doing any repirs, the auction house will just sell it

make sure you take lots of photos at the auction house, try and get the assessor and aution house signs in the shots

it just goes to show the finance company were spinning you a line on the vt

[bazzler]

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

Ok Labman, hope all is well with you!

I received a call back yesterday afternoon from the same woman I had a bit of an irate call with and feared the worst... She said she'd spoken to her manager about the situation and then said I would receive contact from their asset management team with a view to inspecting the car at my nearest Manheim auction house. She just said that I'd be liable for/if any repairs are required after the inspection, that I agree to on the signed report.... and hopefully that will be it

I'm not counting my chickens yet, certainly, but we're now getting to the stage I hoped we'd be at as soon as my letter had been received. Oh... and if I had half a brain I'd be dangerous... I found the service book and it has the first 3 stamps in it up until when I purchased the car. I was sure it didn't come with anything. Anyway, I'm going to get a local garage to give it the once over this afternoon and get another service stamped in there for me... as it's only done under 6k miles since the last one.

Thanks for all the help guys, and I'll keep you updated as it happens

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

Hi Bazzler,

Sorry - it's been a long day! I see you state you were going to have a final attempt with a manager which sounds more than reasonable to me. Post up how it went, and then any outstanding issues.

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

In hospital at moment. Will try to reply later

[bazzler]

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

Just to add, I can't stress enough that I wouldn't get into an argument about it. Just return the car, hand back the keys, ask for a signature of receipt. If they refuse leave the keys and walk away. Photo car on premises with newspaper again as proof.

When I did this with someone recently, I recorded everything as well, just in case.

Is that take the car back to the dealer I bought it from? Or the auction house that they say the car must be taken to?

If I take it back to the dealer, presumably I will have to write to the finance company to inform them where the car has been left for collection?

If they continually ask me what exactly I have a problem with in the document they've sent out, and why do I not want to sign or verbally say I'm happy with them.... how would you answer that? Just saying I don't or shouldn't have to sign anything else gets me nowhere. I'm going to give it one last try to get this sorted with a manager today amicably, I will tell him that I am willing to transport the car to their designated auction house as a gesture of good will despite the fact it is borderline 'reasonable distance to travel' (there and back is 60 miles, return journey without a car).

Does that sound reasonable on my behalf, in going above and beyond my duties in accordance with the CCA 1974?

edit:

CCA 1974 - Section 100 / Subsection (4)
If the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at under subsection (1) shall be increased by the sum required to recompense the creditor for that contravention, and subsection (2) shall have effect accordingly.

Would they use that to say I've contravened the original contract that says I must maintain and service the car, and possibly charge me for the services missed (only done 6k miles in 2.5yrs)?

Cheers

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

Just to add, I can't stress enough that I wouldn't get into an argument about it. Just return the car, hand back the keys, ask for a signature of receipt. If they refuse leave the keys and walk away. Photo car on premises with newspaper again as proof.

When I did this with someone recently, I recorded everything as well, just in case.

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

Legislation overides their T&C's. You cannot return something you never had. I would take it back and give them the keys.

[bazzler]

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

From the original T's & C's of my original finance agreement:

6 - Car & Maintainence of the vehicle

6.1.1 - You will take good care of the vehicle and keep it in good and serviceable condition and maintain in accordance with the manufacturers and suppliers servicing recommendations, handbooks and manuals, and ensure it has a full service history.

Ok.... I presume this is the point they're trying to say their asset collectors will refuse the VT because of.

I bought the car 2nd hand from a main dealer, the car did not have a service book or any manuals at the time of purchase. I took the car back to the same garage to get some warranty work done earlier this year and they didn't even have a record of me purchasing the car from them! I had to prove it with my warranty documents, so therefore they never invited me to get any services done... I have done just under 6,000 miles in 2.5 years, have no previous service history to 'maintain' (That I'm aware of) and due to it having no service book, I'm unaware of what the manufacturers recommended service plan is, but have taken the car to a Vauxhall dealer to have a recall done and has a full current MOT just done in August.

When the call handler kept asking if there was something I disagreed with in the new terms and conditions they have sent to confirm the VT, I said regardless of whether or not I disagreed with something in it, I've been told I don't have to sign it in order to continue. This was when I said it didn't have a service history and she said is this why you don't agree to sign it, I said not particularly, I shouldn't have too etc. We went around in circles for ages and we were both getting piddled off by this point.

Think I'm going to have to speak to a manager next