ford Options Voluntary Termination Help please

[cathysl]

FORD OPTIONS Could somebody please tell me if under this deal We can terminate the finance early .
it was a 3 year deal due to terminate feb 2017 but the circumstances for the person has changed and they no longer require the car
they want to hand the car back , after speaking to ford they weren't very helpful and suggested it would have a negative impact on the persons credit file.
Really just need to know what to say to them and know I'm correct in whatever it is I say
and also do the monthly payments have to be met up until feb 2017 if the car goes back early
Thankyou

[R0b]

Re: ford Options ?

Hello,

Is it a hire-purchase or conditional sale agreement or something else? YOu will need to look at your terms and conditions there will be a clause on termination or on your pre-contract information sheet which says you can terminate provided you have paid X. If you have then you can VT, click on this link for more info http://www.legalbeagles.info/forums/...ry-Termination

[cathysl]

Re: ford Options ?

Hi thankyou I'm not sure I have the document now so will take a look thanks for the link too.

[R0b]

Re: ford Options ?

If you give Ford a call they should tell you the type of agreement you have taken out and should be able to send you a copy too if you need it.

Having a quick look at the Ford website there seems to be the option of a hire-purchase or a lease. If you chose the Ford Personal Lease you will not be able to VT the agreement because it is a hire agreement and not a hire purchase agreement. The right to VT does not apply to lease agreements, so you will need to find out what you have.

[cathysl]

ford Options ?

Hi
I used template letter on here to voluntarily Terminate contract on my car, having paid 50% it was due to in February 2017 Car was collected within the week and inspection was done all was good on car.
now 10 days later have received a letter which has no mention of excess milage but just says
Reminder
Following the recent collection of the above vehicle under the terms of the VT I write to advise you that the liability due is £754.20 and should be paid by close of business 9th June
basically just says will be forwarded to collections agency if not paid.
I called them to ask what the figure referred to and was told that it was an excess mileage charge as 6000 miles was the maximum per year allowed , but there was nothing to indicate this on the letter?
I have read the forums on here and would really appreciate your advise as to how to respond to this letter.

[cathysl]

ford Options Voluntary Termination Help please

Hi<br>
I used template letter on here to voluntarily Terminate contract on my car, having paid 50% it was due to in February 2017 Car was collected within the week and inspection was done all was good on car.<br>
now 10 days later have received a letter which has no mention of excess milage but just says <br>
Reminder<br>
Following the recent collection of the above vehicle under the terms of the VT I write to advise you that the liability due is £754.20 and should be paid by close of business 9th June<br>
basically just says will be forwarded to collections agency if not paid.<br>
I called them to ask what the figure referred to and was told that it was an excess mileage charge as 6000 miles was the maximum per year allowed , but there was nothing to indicate this on the letter?<br>
I have read the forums on here and would really appreciate your advise as to how to respond to this letter.<br>
<br>

[R0b]

Re: ford Options ?

Hi
I used template letter on here to voluntarily Terminate contract on my car, having paid 50% it was due to in February 2017 Car was collected within the week and inspection was done all was good on car.
now 10 days later have received a letter which has no mention of excess milage but just says
Reminder
Following the recent collection of the above vehicle under the terms of the VT I write to advise you that the liability due is £754.20 and should be paid by close of business 9th June
basically just says will be forwarded to collections agency if not paid.
I called them to ask what the figure referred to and was told that it was an excess mileage charge as 6000 miles was the maximum per year allowed , but there was nothing to indicate this on the letter?
I have read the forums on here and would really appreciate your advise as to how to respond to this letter.

Hello, excess mileage cannot be charged, take a look at this link for more information. If you are still struggling, post back and i'll see what I can do -> http://www.legalbeagles.info/forums/...ment-*UPDATED*

[cathysl]

Re: ford Options ?

Thankyou [MENTION=23709]rob[/MENTION] would this letter be ok I just adapted slightly from the link you gave. They have only mentioned in the phone call that it related to excess milage the letter as I said never mentioned it only that a liability was due. any help greatly appreciated.

Dear Sir/Madam,

Re: Voluntary Termination

Agreement Number:
Vehicle Registration:

I am writing further to your letter dated 17^th May

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

Under the Consumer Credit Act 1974, my liability in respect of the agreement is limited to half the total amount payable and any terms under the agreement which imposes additional liability directly or indirectly is strictly prohibited by the Act.

The vehicle 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 vehicle does not need to be returned to you in any better condition other than a reasonable one.

In any event, such sums you are alleging to be owed may only be recovered by a court order only and should you wish to pursue this matter in court, your application will be strongly defended.

Please confirm by return that this matter is now closed.

[R0b]

Re: ford Options ?

Hello,

See suggested amendments in red below.

Dear Sir/Madam,

Re: Voluntary Termination

Agreement Number:
Vehicle Registration:

I am writing further to your letter dated 17^th May

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

Under the Consumer Credit Act 1974, my liability in respect of the agreement is limited to half the total amount payable and any terms under the agreement which imposes additional liability directly or indirectly is strictly prohibited by the Act. The vehicle 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 vehicle does not need to be returned to you in any better condition other than a reasonable one.

I note that in your letter dated [DATE], you have made no reference as to what the cost of damages relate to however, I have been told over the telephone that the damages are for excess mileage. Therefore, please confirm in writing a full breakdown of the damages. If the damages do indeed relate to excess mileage, then as stated above, my liability is limited and excess mileage cannot be recovered.

In any event, such sums you are alleging to be owed may only be recovered by a court order only and should you wish to pursue this matter in court, your application will be strongly defended.

Please confirm by return that this matter is now closed.

[cathysl]

Re: ford Options ?

Hello,

See suggested amendments in red below.

Thankyou [MENTION=23709]rob[/MENTION] I will send tomorrow with the amendments and let you know outcome

[cathysl]

update ford cedit

[MENTION=71570]R0b[/MENTION]
I sent the letter that you kindly help me with last week and this is their response
I really don't know how to respond , is there anything else I can do ?

[R0b]

Re: ford Options Voluntary Termination Help please

I think we need to submit a formal complaint to Ford, they are passing it to a debt purchaser (I think) because they have noting to enforce against you and are simply trying to avoid potential liability from the Ombudsman if you make a complaint.

I'll see if I can get something posted up for you today to send to them before the 10th, make sure if you send by post to get proof of postage receipt. Either way, i'd find it very difficult for Link Financial to enforce the excess mileage in court.

[cathysl]

Re: ford Options Voluntary Termination Help please

Hi [MENTION=23709]rob[/MENTION] thankyou so much if you could help I would be so grateful I send everthing to them 1st class recorded so hopefully if I get something put together I can send tomorrow.
Regards

[R0b]

Re: ford Options Voluntary Termination Help please

Morning Cathy,

I've knocked something up really quick below, take a look and amend as required.


Dear Sir Madam,

Account Number:

In response to your letter dated 2 June 2016, I wish to make a formal complaint.

To summarise your previous letter, I understand that you maintain your position concerning the enforceability of the excess mileage clause as stipulated in the Agreement. Your interpretation section 99(2) of the Consumer Credit Act 1974 is that one must look to the Agreement to determine what has accrued. Whilst I agree to some extent, the accrual of any sums prior to termination solely relates to the monthly instalments and not the excess mileage. Firstly, you were unaware that I had gone over the stipulated mileage until after the Agreement was terminated and you were in receipt of the vehicle. This therefore could not have accrued prior to termination as you say.

Secondly, In order to determine the liability under section 99 one must read all the relevant provisions together. Section 100 of the Act makes it known that the liability of a debtor under section 99 is limited to 50% of the total price under the Agreement. The Act defines "total price" as being "the total sum payable by the debtor under a hire-purchase agreement or a conditional sale agreement, including any sum payable on the exercise of an option to purchase, but excluding any sum payable as a penalty or as compensation or damages for a breach of the agreement" (see section 189). As it quite clearly states, the total price does not include any sum where the debtor is in breach of the agreement. Furthermore, section 173 of the Act also points out that any term under the Agreement which is inconsistent with a debtor's rights under the Act, shall be deemed void and unenforceable.

In light of the above, your argument that the excess mileage sums can be claimed are simply incorrect.

As I have pointed out at the the beginning of this letter, please treat this as a formal complaint against Ford and I therefore expect the complaints procedure to be invoked. I also expect for you to address my points raised in this letter, in particular how you are able to enforce the Agreement despite the provisions above stating that you cannot. Should you fail to respond or address my issues within 8 weeks of the date of this letter, I shall then forward my complaint onto the Financial Ombudsman.

It is noted that you intend on passing this alleged debt to Link Financial on 10 June 2016 (I understand they are a debt purchaser which would seem strange of Ford to sell a debt so quickly if they are supposedly entitled to it) however this does not absolve you of your obligations under the Agreement - an assignment merely passes the benefit but not the burden of contract and so Ford is still under an obligation to investigate my complaint.

I look forward to hearing your full response within 8 weeks.

[cathysl]

Re: ford Options Voluntary Termination Help please

[QUOTE=R0b;652604]Morning Cathy,
Thankyou so much Rob your time and effort is really appreciated it is winging it way them them now recorded delivery I will update you