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Jon0910 Voluntary Termination & Mileage Issues

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  • Re: Jon0910 Voluntary Termination & Mileage Issues

    Originally posted by WAL View Post
    Dear Jon
    Thank you for this.Will send with very little changes.See no need to refer to age as they will be aware of tis from initial contract (new car) in May 2013.All your help very much appreciated.You have helped clarify very murky waters.Will let you know what response I get.WAL
    Sorry Rob.Wrong name!
    WAL

    Comment


    • Re: Jon0910 Voluntary Termination & Mileage Issues

      Originally posted by R0b View Post
      Well I forgot to ask the age of the car but you could slot it in somewhere if it is an old car and advise wear and tear if you reasonably think it could be deemed that. See below a quick short sample letter below

      --------------------

      Dear Sir/Madam,

      I am writing further to your letter dated [ ].

      Please note that liability in relation to the alleged outstanding balance for excess mileage and excessive damage to the vehicle is denied.

      I request that you supply me with proof of all invoices paid by Peugeot in relation to any excessive damage to the car. The car was maintained in a reasonable condition throughout the period of the agreement and therefore such damage charges you are claiming would amount to fair wear and tear; the car does not need to be returned to you in any better condition other than a reasonable one. As you will no doubt be aware, additional repairs made to the car (if any) does not guarantee the price sought as the car was placed at auction. Furthermore, the fact that you have significantly reduced the charges for damage to the car from £510 to £75, makes me question whether or not this is a charge you are seeking to recover due to my voluntary termination and not excessive damage to the vehicle, in which case this will be deemed a penalty and not enforceable.

      Notwithstanding the above, under the Consumer Credit Act 1994, I have a statutory right to voluntarily terminate the agreement provided that I have paid at least one half of the total amount payable. My liability under the agreement is limited to half the total amount payable and any terms under the agreement which imposes additional liability directly or indirectly is prohibited by the Act.

      Please confirm by return that this matter is now closed.

      Yours faithfully,
      Rob.Just checking that the CCAct is 1974 and not 1994 as you mention above.
      Wal

      Comment


      • Re: Jon0910 Voluntary Termination & Mileage Issues

        Yes 1974 sorry

        Just to keep it consistent I would recommend using the word car or vehicle throughout, i seem to have interchanged between the two.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • Re: Jon0910 Voluntary Termination & Mileage Issues

          Originally posted by R0b View Post
          Yes 1974 sorry

          Just to keep it consistent I would recommend using the word car or vehicle throughout, i seem to have interchanged between the two.
          Have now heard from RMS Receivables acting for Peugeot Finance who write as follows

          We write with reference to your letter dated 29th October.We will respond to your letter in full within the allowed 8 weeks time frame from the date received.We will endeavor to respond to you much sooner if possible.

          The amount shown as o/sing was £1809.86 which was the original amount claimed.

          I assume we wait to see what they come back with.

          Comment


          • Re: Jon0910 Voluntary Termination & Mileage Issues

            I am not sure what they mean by 8 weeks? are they assuming that you are making a complaint?
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • Re: Jon0910 Voluntary Termination & Mileage Issues

              Originally posted by WAL View Post
              Have now heard from RMS Receivables acting for Peugeot Finance who write as follows

              We write with reference to your letter dated 29th October.We will respond to your letter in full within the allowed 8 weeks time frame from the date received.We will endeavor to respond to you much sooner if possible.

              The amount shown as o/sing was £1809.86 which was the original amount claimed.

              I assume we wait to see what they come back with.
              I am afraid I can't answer your question as my letter was virtually verbatim as per your suggestion so unsure what they read into it.

              Comment


              • Re: Jon0910 Voluntary Termination & Mileage Issues

                Originally posted by R0b View Post
                I am not sure what they mean by 8 weeks? are they assuming that you are making a complaint?
                That was all they said in reply to my letter which was virtually as per your suggestion so unsure what they mean by 8 weeks unless that refers to something outside the CCA.
                WAL

                Comment


                • Re: Jon0910 Voluntary Termination & Mileage Issues

                  The right to VT is not dependant on paying over one half of the price, you can VT after the second payment. I just wanted to be clear on this as the letter suggests otherwise.
                  I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Pt@roachpittis.co.uk .

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.

                  Comment


                  • Re: Jon0910 Voluntary Termination & Mileage Issues

                    Originally posted by pt2537 View Post
                    The right to VT is not dependant on paying over one half of the price, you can VT after the second payment. I just wanted to be clear on this as the letter suggests otherwise.
                    Yes you are correct on this point and you will have to pay the difference up to the halfway point. This letter was tailored to the facts as he has already paid 50% But perhaps the letter can be adjusted to reflect either way.
                    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                    Comment


                    • Re: Jon0910 Voluntary Termination & Mileage Issues

                      Originally posted by WAL View Post
                      Have now heard from RMS Receivables acting for Peugeot Finance who write as follows

                      We write with reference to your letter dated 29th October.We will respond to your letter in full within the allowed 8 weeks time frame from the date received.We will endeavor to respond to you much sooner if possible.

                      The amount shown as o/sing was £1809.86 which was the original amount claimed.

                      I assume we wait to see what they come back with.
                      ROB
                      This is all they wrote.Does the Act entitle them to take 8 weks.Wal

                      Comment


                      • Re: Jon0910 Voluntary Termination & Mileage Issues

                        Originally posted by r0b View Post
                        i am not sure what they mean by 8 weeks? Are they assuming that you are making a complaint?

                        did you get my next response>that is all they said.
                        Wal

                        Comment


                        • Re: Jon0910 Voluntary Termination & Mileage Issues

                          Originally posted by R0b View Post
                          I am not sure what they mean by 8 weeks? are they assuming that you are making a complaint?

                          Not sure either.That's all they have written

                          Comment


                          • Re: Jon0910 Voluntary Termination & Mileage Issues

                            Originally posted by WAL View Post
                            Not sure either.That's all they have written
                            I am not sure why they have said 8 weeks, can only assume that they are flagging it as a complaint?
                            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                            LEGAL DISCLAIMER
                            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                            Comment


                            • Re: Jon0910 Voluntary Termination & Mileage Issues

                              Originally posted by R0b View Post
                              I am not sure why they have said 8 weeks, can only assume that they are flagging it as a complaint?
                              I assume so too and will update you when I next hear from them

                              Comment


                              • Re: Jon0910 Voluntary Termination & Mileage Issues

                                Originally posted by R0b View Post
                                I am not sure what they mean by 8 weeks? are they assuming that you are making a complaint?
                                Dear Rob
                                I have now heard from RMS Receivables 8 weeks to the day regarding their claim for damages to vehicle Peugeot 208) and excess mileage.
                                They are willing to write off damages to vehicle (how good of them!)
                                With regard to the excess mileage they referr me to section 99 AND 100 and specifically Section 100 subsection 4 of the CCA. AND 101 subsection 2.

                                They add this
                                Paying in excess of the 50%will nobet take into account regarding the charges.Why would this be the case?Yoy have the vehicle for the extra period of time.The contractual agreement was actually forc 37 monthsbut was handed back after 27 mojnths,again paying over 50 %is irrelevant.
                                Our client Peugeot financial services agree to accept less than less than the full amount of the total debt .Peogeot Financial Services agree to accept the sum of £1289.86 for the excess mileage amount.
                                What should I do next.I think they are trying to hoodwink me.WAL
                                p

                                Comment

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