Fortis leasing

[Chain]

Hi. Can you help me terminated a 2nd. Hand car in January had to sign and return form so they would process had to return car 90mil. Return trip, did not sign what was a 45min. Inspection which I considered to be a ridiculous inspection on a purchased 2nd hand multi owned high mil. Car. Told inspector. Approx. 6weeks later phone call start , informed them and they asked for proof got selling dealer to send email still phone calls 2months later spoke to them again got selling dealer to email and confirm any damage on car was acceptable for resale . They had emailed dealer for inspection report dealer told them they do not keep since then they have bombarded my house with a min. Of 2 phone calls a week preceded with approximate. 12 predialled calls to fill answer machine then a message asking me to call.at no time between the end of January and now 21 September have I received Any bill , today I received a letter for damages to car £436.50 the letter is dated 20september the paragraph I quote
" in line with the terms and conditions of your agreement, and as outlined on the voluntary termination form you recently signed, these damage costs should be paid in full within 10 days of the inspection"
I will not pay for a car I returned in the same condition that I purchased 2and half years ago.
would be great full for any advice

[charitynjw]

Re: Fortis leasing

Hi Chain, & welcome to Legal Beagles.

Do you have documented & verifiable proof of the car's condition when you VT'd?

[Chain]

Re: Fortis leasing

Hi Chain, & welcome to Legal Beagles.

Do you have documented & verifiable proof of the car's condition when you VT'd?

Hi. Many thanks for you quick reply I could not reply due to password fault.
In the letter I received today there was an unsigned copy of the vehicle report at the time of return, I told the inspector that I purchased a high mil. Multi owned vehicle and that I wished this to be noted his reply was that it was a very clean vehicle for Its age and mil. And the finance co. should take this into account he had no facility to note this request but reported that I refused to sign

[charitynjw]

Re: Fortis leasing

Who is 'bombarding' you with calls?

Are you keeping a log of them? (or better yet, a recording?).

[Chain]

Re: Fortis leasing

Who is 'bombarding' you with calls?

Are you keeping a log of them? (or better yet, a recording?).

Hi again It,s always the same person goes by the name Joanne sometimes she says she's from fortis sometimes she can,t be bothered saying it . I got the selling dealer to email them direct the first time with the damage stated they replyed asking for a vehicle report the dealer replyed they do not keep reports and also stated the vehicle are sold in a used condition I contact them and told them that I had given then what they had asked for and told them that they harassment practice was deplorable to which the condescending reply was that I was entitled to my opinion
The letter they sent today after closer examination is telling me I owe and have 10 days from the day of inspection they ask me to contact them to finalise this agreement and to add insult the letter is signed fortis lease ???

[charitynjw]

Re: Fortis leasing

You stipulate in post #1 that you have VT'd, but then in post #5 you mention Fortis Lease.

We would need to know what we are looking at here, a lease, an HP, or some other kind of loan.

The T&C's might help!

[Chain]

Re: Fortis leasing

You stipulate in post #1 that you have VT'd, but then in post #5 you mention Fortis Lease.

We would need to know what we are looking at here, a lease, an HP, or some other kind of loan.

The T&C's might help!

Hi. Thank again for your reply it was a loan against the car not a personal loan not fixed loan I terminated the loan at the half way point stipulated in the agreement after asking then the cost which I paid

[charitynjw]

Re: Fortis leasing

It sounds like a Bill-of-Sale type arrangement.

In effect there are two separate agreements; you borrow £x to purchase the vehicle (this will probably be covered under the CCA.)

Then you use the vehicle as a guarantee for the loan (this will probably be via the Bill of Sales Act 1882).

The vehicle will remain the property of the other party until it is paid for in full, although you are allowed to use it providing you look after it.

Usually, if you surrender it prematurely, it may be sold at auction for the best price available, but you would be responsible for any shortfall.

Other clauses, such as necessary repairs, collection fees, etc could also apply, depending on the T&C's of your contract.

[Chain]

Re: Fortis leasing

It sounds like a Bill-of-Sale type arrangement.

In effect there are two separate agreements; you borrow £x to purchase the vehicle (this will probably be covered under the CCA.)

Then you use the vehicle as a guarantee for the loan (this will probably be via the Bill of Sales Act 1882).

The vehicle will remain the property of the other party until it is paid for in full, although you are allowed to use it providing you look after it.

Usually, if you surrender it prematurely, it may be sold at auction for the best price available, but you would be responsible for any shortfall.

Other clauses, such as necessary repairs, collection fees, etc could also apply, depending on the T&C's of your contract.

Thanks again for your quick response , without a doubt I purchased a vehicle with a 5year term subject to the terms in the contract that I could terminate at the half way stage which I did . According to the the history on this site fortis is renowned for harassing people for extra money if they can get away with it that is why I ask for advice

[Chain]

Re: Fortis leasing

Hi people just like to say that I went to the financial ombudsman with my case and after 15months I have won my case
re charitynjw your comments confuse the request for guidance
my advice however humble they my be are if you know you are right do not give in