Voluntary Termination of HP - Log Book ownership

[robertM]

Hi guys, sorry to trouble you but require some assistance when returning vehicle under VT. Have wrote to Black Horse who have said I need to take car to auction with documents but return log book to Black Horse, which is fine. Problem is, Log Book shows my mother as registered keeper - this was only done for insurance purposes as I was young when I purchased the car. Really worried this will cause a problem, never the sold the car and has always been in my possession and will be myself returning the vehicle. Will this be an issue? or am I worrying over nothing?
Also to make note I have never missed a payment and paid around 70% for vehicle, just the payments are now too much.
Quick question to add - If there are any damages etc to the car, as I have paid more than 50% - under section 100 does this mean if I have paid say 1k over 50% and they estimate damage at £500, that I would not have to pay this? Or am I reading it wrong. Thanks

[Guest]

Re: Voluntary Termination of HP - Log Book ownership

Hi

You should not be liable for any further finance charges. I am not sure what is meant by taking the car to auction, the procedure is that you just return the car to the vendor, what they do with it then is a matter for them, it does not concern you.

The value of the car is not relevant, all that the act stipulates is that it must be in reasonable condition for a car of its type and age.

I take it you have informed them in writing that you wish to VT and quote section 99/100 of the act, if not you must do so immediately.

D

[Guest]

Re: Voluntary Termination of HP - Log Book ownership

Some info here

http://www.legalbeagles.info/forums/...974&highlight=

D

[robertM]

Re: Voluntary Termination of HP - Log Book ownership

Thanks very much for the reply, so my mothers name on log book bears no effect then? I got a load of letters back after I notifed them of VT and it was either, take it 40 miles to the nearest car auction and get them to sign it and give them the docs or get them to collect it for £75. Then I need to send the stamped letter from the Auction to them. Think I just need to take it there, not sure what they do with it. Think they just assess it? Does that sound reasonable.

Thanks again

[Guest]

Re: Voluntary Termination of HP - Log Book ownership

HI

I take it the agreement was in your name? I am concerned about why they would want you to take it to the nearest auction, do they have an agent there who is going to take the vehicle off your hands and give you a receipt, or are they thinking that you will wait for it to go through the auction an bill you for the difference.(perhaps i am being unduly suspicious).

Can i as where the original dealership was, would it not be possible to return it there?
D

[labman]

Re: Voluntary Termination of HP - Log Book ownership

I agree with DavyB. I would return the vehicle to the garage from which you bought it and get a signed receipt for everything handed back. Make sure you keep copies of everything.

I believe part of the standard letter for a VT is a request as to how you can hand the vehicle back to them. If they are saying take it to an auction house, you need it in writing from them that the auction house is acting as their agent in receiving the car from you, and again you would obviously need a written receipt of everything handed back (right down to number of keys, MOT certificates, service history etc....) - they don't always like this, but it is your right, and one which should be exercised.

[robertM]

Re: Voluntary Termination of HP - Log Book ownership

Thanks for the help guys. The letter basixally said sign this to say you agree to any damages to car
And asks me to give mileage and if tyres are legal etc. it also gave me
options to return car i.e a list of auction sites. Nearest one is 40 miles away. Which means i need to get
a trailer as no road tax or insurance and car is SORN. Or i pay 75 pounds for them to collect it.
Also yes i bought the car and hp is in my own name, like i said insurance
companies said it had to be changed as insurance was a fortune when i was younger.


Thanks

[robertM]

Re: Voluntary Termination of HP - Log Book ownership

Should also note i was asked to get another form signed by auction house when i dropped car off then send this to black horse within 10 days to show i had done this. Then a seperate letter with log book to black horse.

[robertM]

Re: Voluntary Termination of HP - Log Book ownership

Apologises for triple post. Using phone here - bought the car at a honda dealer
around 15 miles from home residence.

[Guest]

Re: Voluntary Termination of HP - Log Book ownership

Yes
As mentioned dealers do not like VTs and they generally try anything they can to dissuade the hirer from pursuing what is after all their legal entitlement.

The log book issue should not be a problem , but i would not mention it just in case, and perhaps carry a notice of authority to dispose of the car in your pocket signed by the registered keeper in your pocket just in case they spot it and try to use this as a reason for not accepting.
Also they will undoubtedly inspect the vehicle and make a condition report, do not sign it, no matter what it says.

They may threaten to refuse to accept the car but you can just leave it with them and walk away, on the occasions I have done this i have used my camera to record every stage of the transaction photographing the vehicle all over to record condition and at the destination premises together with a copy oif the days newspaper in the foreground.
This has the dual function of providing proof should anything happen post termination, and also it annoys the hell out of them, which i personally found most satisfying.
D

[robertM]

Re: Voluntary Termination of HP - Log Book ownership

Haha brilliant! Was going to call them to see
if i could arrange a better option for collection.
Will cost me to get a trailer and
will cost me to get them to pick it up so either way
looks as though I will be out of pocket for giving them it back which
is slightly annoying . Do u recommend not returning docs black horse have sent me
out as i have already told them in writing i want
to VT under section 99/100. Alsp hope
i dont have to pay got end of september as i told them i want rid of it at beginnig
of the month!

[Guest]

Re: Voluntary Termination of HP - Log Book ownership

Haha brilliant! Was going to call them to see
if i could arrange a better option for collection.
Will cost me to get a trailer and
will cost me to get them to pick it up so either way
looks as though I will be out of pocket for giving them it back which
is slightly annoying . Do u recommend not returning docs black horse have sent me
out as i have already told them in writing i want
to VT under section 99/100. Alsp hope
i dont have to pay got end of september as i told them i want rid of it at beginnig
of the month!

If the car is uninsured then obviously you cannot drive it on the road, so you will have to pay out to get it to the lenders designated drop off point, if the paperwork they sent does not contain anything that disadvantages you, over and above what is required under the act then by all means return it.
I would definitely not sign any condition report, unless it was very complimentary and you had a carbon copy which you could keep.( no clauses such as, i agree to charges that may occur if further damages are discovered on subsequent examination).

D

[robertM]

Re: Voluntary Termination of HP - Log Book ownership

Thanks again. Probably cheaper giving them
the 75 quid to pick it up then. Probably have to wait until end of month until payday.
Do you think its worth a call to say can you collect although cant pay the 75 pounds just now? Will probably be charged for septembers
payment aswell.

[robertM]

Re: Voluntary Termination of HP - Log Book ownership

I called them today and they agreed
to charge the collection fee at a later date.
The adviser also said that until I return the documents to them
and the car is collected I have not officially VT'd the car. So if they take
14 working days to send someone out will i have to make the payment at
the end of september or am I fine to cancel my direct debit from now?

Thanks

[Guest]

Re: Voluntary Termination of HP - Log Book ownership

The vt will will take effect from whatever date you formally transfer ownership to them, it does not matter if there are funds still outstanding on the account; the legislation is quite clear; if they think that you owe them money for unpaid installments or for work that they consider needs to be done to the vehicle they will have to pursue you for it after the car has been returned.
This is an old game that they like to play, the hirer does not even have to have paid half the total due under the contract to VT the agreement, section 100 just states that the balance of one half of the sum will be due.

D