Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974
Thanks Rob, have sent it by email, and will see what response I get.
Originally posted by R0b
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Hello, something below should suffice
Dear Sir/Madam,
The car was returned in a reasonable condition and as I am sure you can appreciate, the vehicle was circa 10 years old and was therefore returned to you in a reasonable condition given its age. Damage to the vehicle was already sustained prior to entering into the agreement and I must remind you that the onus is on you to prove that the vehicle was in an unreasonable condition. If you believe otherwise, please provide me with an independent expert report confirming that the vehicle was not in a reasonable condition, with full explanations as to why, otherwise, you are not entitled to such sums. The collection fees charges you purport are owed, cannot be claimed under the Consumer Credit Act. Might I suggest you read the relevant sections of the Act in particular, ss.99,100, 173 and 189.
Furthermore, the sums you allege do not fall within the scope of being reported to credit reference agencies and may only be recovered by an order of the court. The sums you are seeking did not form part of the monthly payments under the agreement and so I put you on notice that any attempt to report such alleged debt to credit reference agencies you will then be in breach of Principle 4 of the Data Protection Act 1998. Such breaches I might add, are actionable by way of damages.
Yours faithfully,
[NAME]
Dear Sir/Madam,
The car was returned in a reasonable condition and as I am sure you can appreciate, the vehicle was circa 10 years old and was therefore returned to you in a reasonable condition given its age. Damage to the vehicle was already sustained prior to entering into the agreement and I must remind you that the onus is on you to prove that the vehicle was in an unreasonable condition. If you believe otherwise, please provide me with an independent expert report confirming that the vehicle was not in a reasonable condition, with full explanations as to why, otherwise, you are not entitled to such sums. The collection fees charges you purport are owed, cannot be claimed under the Consumer Credit Act. Might I suggest you read the relevant sections of the Act in particular, ss.99,100, 173 and 189.
Furthermore, the sums you allege do not fall within the scope of being reported to credit reference agencies and may only be recovered by an order of the court. The sums you are seeking did not form part of the monthly payments under the agreement and so I put you on notice that any attempt to report such alleged debt to credit reference agencies you will then be in breach of Principle 4 of the Data Protection Act 1998. Such breaches I might add, are actionable by way of damages.
Yours faithfully,
[NAME]
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