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

[R0b]

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

Termination and arranging collection are two different things. If the letter says you are terminating with immediate effect, the agreement terminates as soon as they receive the letter in accordance with normal postal rules and you have proof of postage. In this case it was signed for on 25 August and so that would be the effective termination date. The termination of the agreement does not occur when the relevant person chooses to read your letter, as long as you have sent it to the company and the correct address that is sufficient notice.

If they mark your credit report you can sue them for breach of data protection, as your obligations to pay further instalments end as soon as the agreement is terminated. If there are any outstanding arrears or you have not yet paid the 50% that becomes a debt for which they can take you to court over, but it still does not oblige you to continue making the instalments.

You should really keep communications to a minimum and if you do call them then perhaps record the call so that you can use it as evidence as to what was discussed, should they deny that was said.

[viion]

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

Termination and arranging collection are two different things. If the letter says you are terminating with immediate effect, the agreement terminates as soon as they receive the letter in accordance with normal postal rules and you have proof of postage. In this case it was signed for on 25 August and so that would be the effective termination date. The termination of the agreement does not occur when the relevant person chooses to read your letter, as long as you have sent it to the company and the correct address that is sufficient notice.

If they mark your credit report you can sue them for breach of data protection, as your obligations to pay further instalments end as soon as the agreement is terminated. If there are any outstanding arrears or you have not yet paid the 50% that becomes a debt for which they can take you to court over, but it still does not oblige you to continue making the instalments.

You should really keep communications to a minimum and if you do call them then perhaps record the call so that you can use it as evidence as to what was discussed, should they deny that was said.

Thank you for the response, that makes it more clear. One thing I'm a bit paranoid at the moment is from the 14th to the 17th I'm away managing a friends Wedding and will have zero time to handle any of this (and won't be in the country to arrange collection). The next due date is the 17th. My hope is the pack come Monday and I can just drop off the car somewhere... (wishful thinking)

I have proof of postage (even printed the proof), they confirmed on the phone but I don't have a recording of this (I could phone one and get verbal confirmation, unsure on the laws about this...). I have also paid over the 50% amount by a couple hundred (the amount is on my contract), and all my extras (GAP Insurance etc) were included part of the monthly payments. So I think I am all covered there.

The lady on the phone was adamant that the termination cannot go through until I sign the pack.

[R0b]

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

If you read previous threads about this, the pack will contain common documents which is usually a document requesting information about the car and maybe its mileage plus a document saying you agree to VT and be liable for any damage or other costs on inspection.

There is no legal obligation for you to sign anything and is a common mistake for many people who VT - your obligations only extend to giving written notice to terminate, nothing else.

The lady you had spoken to is quite wrong, I would suggest that you read the VT guide if you haven't specifically on the section about the law on voluntary termination (section 5). Section 99 explicitly says that you may terminate at any time.

http://www.legalbeagles.info/forums/...on-Your-rights

If you are not available you can have someone attend the inspection but I strongly suggest against signing anything as they are acting on your behalf and could be liable for their actions.

P.s. when I said keep communications to a minimum I actually meant in writing.

[viion]

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

Hi Rob, thanks again for your support. If I hear nothing next week I will call and get a "verbal confirmation" and record that if I ever need it. I won't be signing anything as has been advised here, I've read that VT guide a few times now but sometimes worry can get the better of me. I did feel the lady on the phone was almost trying to do a scare tactic.

She mentioned that the pack also provides instructions for the V5C, do I have to wait for the guy collecting the car to fill this in?, or if I take it somewhere, someone at the auction will fill in the traders section?

[R0b]

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

They should fill in the V5 but sending by post can take time to update and you are relying on them to do it. You do have an obligation to notify the DVLA yourself so I always suggest doing it online to avoid any doubt, which you can do now if you like by going to https://www.gov.uk/sold-bought-vehicle

[viion]

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

Hello,

I got my letter response for VT, the "Black Horse VT Pack". It says I have to pay a small sum, I think this is because I paid a deposit which I realise now doesn't count in my favour (even though I have paid over the amount that the contract says I have to? so not sure), maybe its gap insurance or something..., luckily the amount is small so that isn't a problem. They say that I must sign a letter (how unexpected... /sign), but of course reading many threads I know I don't need to.

I have a question though, it says "please tick as applicable", and the options are:

1) I will deliver the goods to auction X at date Y
2) I wish to have the good collected
3) I have enclosed payment for further sums
??) I also understand that i may have additional liability if I have not taken reasonable care of the goods.

That last one, isn't a "tick" box, so by signing I assume I auto agree, I agree to #1 and I have paid the sums in #3 however I don't agree to the additional liability. The car is in 100% perfect condition, not a single scratch, bump, or issue. Brand new tires, serviced twice a year (full service...). However I don't trust them. Knowing my luck they'll charge me £100 to remove a speck of dust.

Should I just cross out the liability and write I do not agree and sign? or just don't sign at all? I have to fill out the rest as it includes mileage and stuff.

It also says until I sign and return this, as the goods are in my possession I have to keep up monthly payments... Hoping I can take this to an auction early next week then it "wont" be in my possession.

Also this paperwork says I will get a default on my credit file....

[R0b]

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

They should tell you what the 'small sum' is, can't be the deposit since that counts towards the 50% of the total amount payable so it might be GAP insurance or some other insurance you may have taken out, unless you have underpaid.

Blackhorse cannot put a default on your file because you haven't actually defaulted on your instalments. The agreement is terminated and providing you have paid everything up to date then no default occurs - it is deceiving and false. Like I say to everyone, if they put a default on there then you have a remedy for breach of data protection. Whether you want to pursue that in court is entirely up to you.

There's no need to strike out the sentence about reasonable care because that is implied anyway under the CCA, if you've not taken reasonable care then they are entitled to compensation. It is not automatic but they have to prove it. I suggest you read over the VT guide about taking photos of the car and copies of servicing etc. as evidence - or take a photo of it all.

You don't need to fill any other mileage or other things, your under no obligation to do anything except give notice to terminate but again whether you do is your choice.

[Locouk2]

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

Hi, i followed Yours templates on send my termination letter. I got a call back and car is arranged for collection on this monday. I received a letter also saying that any damages found during condition report should be paid on collection day. I mean theres no damages i did at alk - rear bumper is scratched and there are two ,holes, on dadhboard but that was already when i got the car. Will they try to blame it on me? Fo i need pay for anything on collection day? Rear brakes were %90 worn on last service - will they put it in their charges? Also i got advisory 'gaitor split requires lower arm' - but i changed just the gaitor for few quids as there was no need to change whole arm just the service garage wanted more money off me but i dont have any invoice for changing that gaitor as my friend did it that was 10min job

[Locouk2]

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

I do found old pictures i did of the damages when i collected the car my first time but theres no date on pictures. I will attach them to invoice of a car just in case. I was thinking also about adding a line saying that witness statement was wrote down confirming that the resr bumper and dashboard had marks when i was collecting the car. I do not have any statement but You think it could help in case they will try to charge me for it? I was with other person which was with me that could confirm it in writing

does signing condition report means i agree to pay for everything stated on it? As letter from finance company says ".....[...] will require you to pay the damages equivalent to the repair costs identified in the report. The damages should ideally be paid at the time vehicle is voluntary surrended". Do i need to sign it?