ford Options Voluntary Termination Help please

[jcs995]

Re: ford Options Voluntary Termination Help please

Hi [MENTION=84921]cathysl[/MENTION] any further update on your situation? I will be going through this myself soon.

thanks James

[cathysl]

Re: ford Options Voluntary Termination Help please

Hi [MENTION=90416]jcs995[/MENTION]
I am still waiting to hear back from the ombudsman I sent an email as R0b had suggested above. I'm hoping they are looking into it perhaps and will take a different view ! lol
I will update as soon as I hear back from them .
Cathy

[cathysl]

Re: ford Options Voluntary Termination Help please

well the update is this [MENTION=71570]R0b[/MENTION] and [MENTION=90416]jcs995[/MENTION] is there any further I can take this anybody know ?


Thank you for your email and sorry for the delay in getting back to you.

I’ve read through the information you’ve provided but my opinion remains the same. I don’t think the parts of the act referred to apply to terms such as the excess mileage. Really I’d say taking ‘reasonable care’ of the car would include keeping within the agreed mileage limit.

Please let me know if you’d like to discuss anything further.

Kind regards

[R0b]

Re: ford Options Voluntary Termination Help please

If it were me, I'd get them to clarify that if they are of the belief that taking reasonable care of the car includes excess mileage, where's the evidence provided by ford that the excess mileage has put the car in a less than reasonable condition?

The two clauses are not mutually exclusive but separate, it sounds like they are tying them together.

You can reject their decision and is up to Ford to take matters further like court, but I doubt they would.

[cathysl]

Re: ford Options Voluntary Termination Help please

Hi thanks [MENTION=71570]R0b[/MENTION] I have emailed asking that , so shall see what reply is . I think once they have made up their mind nothing will sway them well I have certainly done my best with the help of yourself and a few others on here .

[jcs995]

Re: ford Options Voluntary Termination Help please

Thanks [MENTION=84921]cathysl[/MENTION]

Puts a bit of a downer on my situation, looks like I wont have my charges dropped when I get this far! But nevertheless, I will of course put up a fight. Looks like our only route is to ask Ford to provide evidence that exceeding the mileage limit has put the vehicle in a less than reasonable condition. starting to look like a dead end

thanks again!

[R0b]

Re: ford Options Voluntary Termination Help please

Just because the Ombudsman disagrees with you, does not mean you are then legally bound to pay them. You can reject the ombudsman's decision and it would be up to Ford to take legal action for the amount to become legally recogised. Its as this point where people decide to pay the money because they get scared with threats from the finance co. If they were rightfully entitled to it, do you not think that there will be a large number of cases running through the courts for these types of claims?

Instead they pass the debt on for pennies in the pound to someone else to try their luck.

[cathysl]

Re: ford Options Voluntary Termination Help please

[MENTION=71570]R0b[/MENTION] this is their response so think I have exhausted my options now except for court

Dear Cathy
Ford haven’t said the car was provided in a less than reasonable condition. But if the car has done more miles than it should have I think it’s fair for them to charge for this accordingly, especially as it was specifically set out in the contract before purchase.

Ultimately, I don’t believe the excess mileage charges are contrary to the consumer credit act. I consider it reasonable for Ford to charge what was agreed.

I appreciate that this isn’t the answer you were hoping for. As discussed when we spoke on the phone, if you still feel a court would decide in your favour, our involvement does not affect your right to take legal action.

[R0b]

Re: ford Options Voluntary Termination Help please

Nevermind, it sounds like the person has skirted around your answer. you've pointed out that a clause says you only need to take reasonable care and pay 50% of the total amount and then you pay no more. Yet another clause says you must also pay excess mileage, so there is a discrepancy between the two clauses. It seems like the ombudsman is favouring the latter.

As they have stated, you can reject their decision and a court can decide the finer legal points, but if Ford want their money, they are going to have to bring a claim to court. I've yet to see anyone who has posted on here that has had a claim brought against them relating to excess mileage under a voluntary termination. Not saying it won't happen because it could and it could be a scare tactic but it could be embarrassing for them when the CCA is quite clear on what can and cannot be charged.

[jcs995]

Re: ford Options Voluntary Termination Help please

Hi [MENTION=84921]cathysl[/MENTION]

Any further news on this? ford are collecting my car today!

[cathysl]

Re: ford Options Voluntary Termination Help please

Hi @cathysl

Any further news on this? ford are collecting my car today!

Hi [MENTION=90416]jcs995[/MENTION] No still the same think its easier to pay waiting on the debt company to chase it first though ! so frustrating

[jcs995]

Re: ford Options Voluntary Termination Help please

No problem, thank you. How long ago did you return your car? Just so I know an idea of how long I'll have before I have to cough up ££.

Cheers

[cathysl]

Re: ford Options Voluntary Termination Help please

Hi [MENTION=90416]jcs995[/MENTION] the car was collected the 5th May I believe , good luck please update if your case is different be interesting to know if everybody is dealt with the same

[jcs995]

Re: ford Options Voluntary Termination Help please

[MENTION=84921]cathysl[/MENTION] just had my car collected. Refused to sign any paper work here is the paper they left me with.... they guy didn't even test check half of the stuff that he ticked as fair, like the windows? There's not even a scratch on them so they should be good lol. https://www.dropbox.com/s/6exfu21jj2...%20pm.pdf?dl=0

[cathysl]

Re: ford Options Voluntary Termination Help please

Hi [MENTION=90416]jcs995[/MENTION] just checked my collection sheet was totally different to yours nothing on it saying about mileage at all only what the collection milage was . The company that collected mine was called Anglia he basically just gave quick once over said it was off to auction ! . well definitely be interested to know what ford say , I gave it my best shot lol with the help from guys on here,