Voluntary Termination - Replacement wing mirror query

[StokeUK]

Hi there,

Apologies if this has been answered before, have done a fair bit of reading on these forums and others but not found anything quite matching my query. I have enacted my VT rights with Santander Consumer finance on 2.5 year old car. I emailed them on the day i reached 50% of payment and within 24 hours they had confirmed receipt, and within a further 24 hours called me to arrange retrieval of the car. I arranged to drive it myself to the nominated auction house (35 mile drive), and am doing this tomorrow morning.

What I am concerned about is just a couple of minor issues with the car. The bodywork is in immaculate condition, there's no scuffs, scratches or dents whatsoever, its perfect condition all over. Mechanically too, there's no known issues with the car, drives perfectly.

The only real issue i had was that someone had damaged my wing mirror a few months ago, so i replaced it with a new one. The problem is that the new mirror isn't motorised whereas the old one was, so if you press the wing mirror button in the car, the left wing mirror folds in and out but the other one doesn't!

So my first question is - is this likely to be picked up on an inspection, with them saying its not the correct spec for the car or something? Visually you aren't able to tell, i even was able to put on the correct colour coded back to the mirror!

Secondly, at some point the black rubber strips under the bumper (air deflector i think they are called?) came off the car and lost forever. Again visually its very hard to notice they are missing, is this likely to be picked up though?

Lastly, the internals of the car are of good quality for a car of its age, the carpets are in perfect condition, just a couple of minor small stains on the seats from spills over the years. Should i worry about this or again is this likely to be covered by wear and tear? I have hoovered the car and wiped down the dash etc, so its reasonably presentable!

StokeUK

[Kati]

Re: Voluntary Termination - Replacement wing mirror query

[MENTION=71570]R0b[/MENTION] might be able to help (I've tagged him) xx

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

All that is required is for the car to be in a reasonable condition and this is subjective. Its unlikely that the agent who will be carrying out the inspection is going to check all of the mechanics and interior buttons. They generally do an external and internal visual inspection of the car. I had my finance with Santander and it was just a damage report as to the interior and exterior of the vehicle. Just because the vehicle is missing a few rubber strips or you've had a wing mirror replacement would not constitute the vehicle in an unreasonable condition. Even if the agent did pick up on those things, it would be up to Santander to prove that the vehicle was returned in an unreasonable condition which on your basis would be difficult.

They will try anything to recover any sums over and above the price it will be sold at auction, personally I would have let Santander recover the vehicle as they cannot charge for collection fees but that is your choice. Just make sure to take plenty of photographs before handing over so that you have evidence of the state of the vehicle in case it is disputed at some point in the future.

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

All that is required is for the car to be in a reasonable condition and this is subjective. Its unlikely that the agent who will be carrying out the inspection is going to check all of the mechanics and interior buttons. They generally do an external and internal visual inspection of the car. I had my finance with Santander and it was just a damage report as to the interior and exterior of the vehicle. Just because the vehicle is missing a few rubber strips or you've had a wing mirror replacement would not constitute the vehicle in an unreasonable condition. Even if the agent did pick up on those things, it would be up to Santander to prove that the vehicle was returned in an unreasonable condition which on your basis would be difficult.

They will try anything to recover any sums over and above the price it will be sold at auction, personally I would have let Santander recover the vehicle as they cannot charge for collection fees but that is your choice. Just make sure to take plenty of photographs before handing over so that you have evidence of the state of the vehicle in case it is disputed at some point in the future.

Thanks R0b, appreciate it. Santander insisted i would have to pay £70 for someone to come and collect it from me, and i just took it for granted that this was standard. I'll know better should I ever go down this avenue again!

Thanks again for the advice.

Mario

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

One more thing, have read on one of your other posts that it is not unreasonable to claim expenses incurred for returning the car. I have already paid for 1 day of insurance to take the car back tomorrow (£21.25), and a train fare back to my home is approximately £16. I appreciate these are reasonably minor sums, but is there precedent for claiming such amounts, and if so how would I best go about it? I do of course have the insurance invoice and train ticket invoice as proof of purchase.

Mario

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Right sorry for the flurry of posts. Decided taking the car in tomorrow is too much effort (insurance, train fair, lost time at work) so have called Santander and advised that i wish to have the vehicle collected instead. She was very vociferous in the point that i would be charged £70 collection fees. I attempted to correct her on the phone and she insisted since it was in my finance documents somewhere that I would have to pay it.

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

Have you read this thread, it might help -> http://www.legalbeagles.info/forums/...ry-Termination

They cannot charge you for collection fees, they will argue blue in the face that it is in the contract but the contract doesn't mean anything in terms of further liabilities when you have terminated under s.99

I threatened santander that I would cancel the tax and insurance and send the V5C back to the DVLA informing them they are the registered keeper now and they decided to collect the car and add the £70 to the damage report. Needless to say I didn't pay for the collection fees.

The total sum payable under the Act is defined as the total amount excluding any damages or compensation for breach of contract.

To be honest though you have already paid for the insurance and ticket so you may as well drop it off but if not, then your not obliged to, Idoubt you would get your expenses back as you didn't ask them and you had already agreed to returning it - you could argue after receiving advice you are informed that you are not legally obliged to return the car and get round it that way.

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Thanks again R0b, yep had a good read of that link earlier on today after your previous comment, which empowered me to call Santander back up to change to a collection . I did pay for the insurance but not the train ticket back or any lost time at work (would lose a day's holiday). At £20 ill take that as a loss as would ave cost me far more to actually take the car back! They say they will call me tomorrow to arrange collection so i will sit tight and see what happens

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Hi,

Thought i would post back in here for full completeness. I had a call from a company called Anglia a week or so ago to arrange collection of the car, and we arranged it to be collected yesterday. The chap came first thing, did a complete inspection of the car, didn't even acknowledge the wing mirror or missing strips, and just noted down a scuffed alloy (which was fair enough) and charged £45 for it, which I thought was very reasonable. He did advise he would also take the £70 collection fee, however when I said I wouldn't be paying it, he didn't challenge it at all, and just noted down I had declined to pay it. He took the £45 off me, gave me a receipt and was on his way with the car, all far more straightforward than I thought!

Thanks again R0b for the advice on here and across the forum, its a great resource and is much appreciated.

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

Glad to hear it is sorted be prepared for santander to attempt the collection fee from you. However, now that you have paid the £45 you could say that is the end of your liability with the vehicle. If they try to add further charges on there then you argue that someone has inspected it and therefore it was agreed that the scuffed alloy was the only liability.

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Glad to hear it is sorted be prepared for santander to attempt the collection fee from you. However, now that you have paid the £45 you could say that is the end of your liability with the vehicle. If they try to add further charges on there then you argue that someone has inspected it and therefore it was agreed that the scuffed alloy was the only liability.

Hi, well its been two weeks and so far not a peep out of Santander or anybody else over the car, so do you think I can assume the matter is all closed and I am unlikely to hear any further now?

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

When I did mine with Santander it did take a good few weeks so I wouldnt count on it just yet. But lets wait and see after a couple more weeks

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

When I did mine with Santander it did take a good few weeks so I wouldnt count on it just yet. But lets wait and see after a couple more weeks

Alas, a letter arrived today chasing the £70 collection fee. Simple matter of sending your template letter disputing the charge and leaving it at that?

StokeUK

[R0b]

Re: Voluntary Termination - Replacement wing mirror query

Hi [MENTION=82688]StokeUK[/MENTION],

Take a look at a recent letter I received from Santander when I took my complaint to the Ombudsman. Initial damages alleged were over £300 and then reduced to £115, same position as you with £45 for scuffed alloy and £70 collection charges.

[StokeUK]

Re: Voluntary Termination - Replacement wing mirror query

Hello,

I sent a letter disputing the £70 collection fee, and I have now received this letter from Santander, I have literally no idea where that £2079 figure has come from! What do you advise I should do in response to this:


NOTICE OF SUMS IN ARREARS
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Current Balance: £2079.17
Current Arrears: £2079.17

Date of Notice: 13 May 2016

Dear Mr XXXX

Conditional Sale Agreement Number: XXX
Agreement Date: XX/XX/XXXX

This Notice of Sums in Arrears has been issued in compliance with the Consumer Credit Act 1974 because you are behind with the sums payable under the above agreement.

You have broken the terms of this agreement which requires the punctual payment of the specified instalments. Your breach has created arrears of £2079.17.

It is assumed that any direct debit or standing order payments will not be subject to recall and that any cheques already received by us will be honoured. If you have recently made a payment by credit or debit card, this may not have yet reached your agreement.

If you want more information about which payments you failed to make please get in touch with us. We are required to give you this information within fifteen working days of receiving your request for it.

We encourage you to contact us to discuss the state of your agreement. You may also wish to seek advice on what to do from an independent free advice agency such as the Citizens Advice Bureau.

This notice applies only to the finance agreement described above. Any premium payments you make in relation to insurance or other ancillary products that you may have taken out which are associated with the finance agreement are not shown in this notice.

Default Sums and Interest
-----------------------------
You may have to pay default sums and interest in relation to the missed or partly made payments referred to in this notice. Please contact us if you would like further details. This notice does not take into account of any payments received after the date of the notice.

Notices
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For so long as you continue to be behind with your payments by any amount, you will be sent notices about this at least every 6 months. We are not required to send you notices more frequently than this, even if you get further behind with your payments in between notices.

Financial Conduct Authority Information Sheet
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This notice should include a copy of the current information sheet on arrears prepared by the FInancial Conduct Authority. This contains important information about your rights and where to go for support and advice, for example on applying for a Time Order as well as our right to charge you interest. If it is not included you should contact us to get one. Please refer to the Financial Code Authority information sheet for more information about how to get advice in dealing with your debt.

Yours Sincerely,

Head of Arrears Management