VT and balloon payments

[R0b]

Re: VT and balloon payments

I'm afraid I can't say that it will be resolved by the 22nd, Theoretically yes you could have a number of issues here. Now if you are moving out at the end of the month then they would have had enough time already to collect the car and it's their unreasonable behaviour that is causing all of the problems.

Perhaps option 2 may be the best way forward and also option 3 with a complaint to the Ombudsman. You could then give them an ultimatum saying that you are moving home at the end of the month and if it is not collected by 22 July then you shall inform the DVLA of change of registered keeper on 22nd July and the vehicle will be left on a public highway from the date that you move out of the property. Liability and responsibility will then rest with them. You could provide them with your new address too for correspondence so they are put on notice about your new address details.

It may be worth giving them a call saying that too then following up with an email/letter confirming what was said over the telephone. If you need help drafting something let me know or if you want to give it a go and I can amend/comment I'm happy with either.

Appreciate this is a stressful time but you should remind them that it is your legal right under the act to terminate at any time prior to the final payment becoming due. This is not subject to paying 50% first and nothing in the act says that you must do this. Therefore it is their unreasonableness that is causing all the problems and not you since you have given them plenty of opportunity to collect.

[Lynne]

Re: VT and balloon payments

Thank you. One of the issues is im not sure we will have a forwarding address immediately. We are intending to spend some time in our caravan on the road before moving into another home. They are aware of this. I feel I wanted to draw a clean end to my affairs here before setting off. I do not want to go off, then eventually move into a new place only to find a debt collector chasing me for a payment I don't believe in enforceable if I VT but that they are telling me I would owe and they would chase me for. If I am going to have to pay C£1500 quid to vt and not have the car but if I kept the car,id only have a similar amount in payments left to pay, how can I vt before I leave? I know that it is likely this is what they are trying to scare me into doing but I truly do not believe that if they took me to court a judge would make me oay that, as the sum represents the inclusion of the balloon payment, not simply the amount payable when adding up my initial payment, which includes fees and the further 35 monthly payments of my contract.

[R0b]

Re: VT and balloon payments

I'm afraid it's not all smooth sailing when you VT and it just really depends on who is the lender and if they wish to drag their feet. Alot of the time you are merely dealing wit low level advisors so they will no doubt be instructed to resist or refuse where possible.

If you don't have a property and will be in a caravan, I know you have made them aware of this but is worth making them aware again in your next correspondence. Perhaps telling them that until further notice you will only accept correspondence by email and/or telephone after the date you move out.

You seem to have sufficient grounds to facilitate court action if you would need to and I understand you don't really want debt collectors chasing after you but there's only so many options. Resist and argue back and forth and see who makes the first move, or do it yourself and make the move.

You could contact them regularly whilst you are on the move and see if there is any update, making a note of the time and date as well as the person you spoke to for reference.

Its unlikely to be resolved if they are digging their heels in so I think the threat of change of registered keeper and leaving it on a public highway ought to be enough for them to collect. They have no basis for refusing to collect unless you pay up so they are only to blame.

As I said though, another letter or email to them as soon as possible pointing all of this out should be sent as soon as possible.

[Lynne]

Re: VT and balloon payments

Ok. Thanks. I will send a further letter today. Another issue is I cannot contact them by phone. They ring from their withheld number and their standard customer services does not get you through to the vt department - and is charged at 13p pet minute and they just stick you on hold for ages!

[R0b]

Re: VT and balloon payments

You could try one of these 0333 200 0002 / 01923 686221

As for the letter, if you want me to look over before you send, happy to do so.

[Lynne]

Re: VT and balloon payments

[MENTION=23709]rob[/MENTION] thanks #ROb I just rang them on the number you gave. The guy was unable to find me on the system, said there are no details of any agreement with me on the system. I said that this was because the salesman had failed to get me to sign any contract at the start and the lack of contract seemed to be causing further delays in me effecting a vt. Am I right in thinking that if I do not exist on their system as having an agreement with them, they could not take me to court no matter what? I have to go to work now. I will do a letter tonight. Should I post it here or would I email you? If so, at what address? Thank you so much.

[Lynne]

Re: VT and balloon payments

[MENTION=23709]rob[/MENTION] if I dont exist on their system does that mean they can't do anything?

[R0b]

Re: VT and balloon payments

They could try and argue that there was implied conduct and the standard terms and conditions apply regardless of not signing anything however it will make things more difficult for them, and especially if you send a statutory request for the contract.

As for the letter you can just post up the contents on here if you wish without any personal info

[Lynne]

Re: VT and balloon payments

They could try and argue that there was implied conduct and the standard terms and conditions apply regardless of not signing anything however it will make things more difficult for them, and especially if you send a statutory request for the contract.

As for the letter you can just post up the contents on here if you wish without any personal info

[MENTION=23709]rob[/MENTION] thanks. I have received letters in the post this morning. They are still saying that the balloon payment has to be made. They are also saying this is on page two of the agreement, and that I have never requested a copy of the agreement. I am hoping, if you agree to compose a reply reminding them that the ballooon payment is an optional, non obligatory payment which cannot be included in any liability figure, that on two occasions on the telephone calls I have been offered by them a copy of the contract to be sent out, an offer I accepted and asked for it to be sent to me directly. I am planning on pointing out that their own department has confirmed that they have no record of any agreement with me as a signed contract is not in their possession however, as they feel they could provide one, I shall send a formal request. I plan on pointing out that I will no longer be around after the 25th and that they are aware of this and blocking my attempts to an experiment resolution as they are also telling me they have 8 weeks before they have to give me a decision and that I have to keep up the monthly payments. They are aware the dd has been cancelled and that I do not have eight weeks available to me. Would you feel that I can put that then include the bit about leaving it on a public highway as their responsibility? I am simply not prepared to pay fifteen hundred quid to return the car when ive only that amount left to pay if I keep the car . What is the point in having an act to protect me, if it offers no protection at all?
Thank you. I'll do the letter as an email tonight if you say this is ok.

[R0b]

Re: VT and balloon payments

Without the agreement its difficult for you to find out exactly what it says on page 2. Consumer Credit act says they must give you a copy of the executed agreement and a failure to properly execute it will mean it can only be enforced by an order of the court.

You will need to request your a copy of your agreement because RCI telling you on page two without attaching a copy is simply speculative - they could have enclosed a copy of the agreement but for some reason did not which is considered unreasonable if they are going to refer to something in it.

They do have 8 weeks to investigate the matter but because you are moving out there will be difficulties in corresponding and so the only means then will be emails I guess, something that is not unreasonable.

The act protects you but ultimately if the agreement is not one which the act protects then you are not protected. I can't offer much help until they supply you with a copy of the agreement but certainly mention the fact that you are moving out and the car will be put on the public highway if not collected by the said date.

I can't figure out why they are saying the balloon payment is included without seeing the agreement. Either way you need to decide what to do if they stand their ground and do not collect the car. This is why it is important to get everything in writing where possible as if it does go to court, you can show that you have been reasonable whereas it is RCI who are the ones being unreasonable.

[Lynne]

Re: VT and balloon payments

Ok, so I have sent an email to them - oh sorry, I forgot to tag you- [MENTION=16256]Rob A[/MENTION]s outlined above, I can post it on here if you want a look. I will also send, via registered post tomorrow the formal request for a copy of the agreement, along with the requisite cheque/Po for £1. If I get a copy of the agreement, I will let you know. Thank you, I have to admit to feeling frustrated but your help is very valuable, and much appreciated

[Lynne]

Re: VT and balloon payments

Ok, so I have sent an email to them - oh sorry, I forgot to tag you- [MENTION=16256]Rob A[/MENTION]s outlined above, I can post it on here if you want a look. I will also send, via registered post tomorrow the formal request for a copy of the agreement, along with the requisite cheque/Po for £1. If I get a copy of the agreement, I will let you know. Thank you, I have to admit to feeling frustrated but your help is very valuable, and much appreciated

[MENTION=23709]rob[/MENTION] I have an email copy of the agreement, although the person named in it is not the salesman I dealt with. Have you an email address I can forward it directly to that you can pick it up from? My hudl tablet does not have the technology needed to C&p. It says that the agreement is for three years with an optional ballooon payment at the end but to terminate the amount stipulated therein is half the total amount payable, which they calculate as the three year lease plus the balloon divided in half tbat being 5 thousand and something. Can they do that? Thanks

[Lynne]

Re: VT and balloon payments

[MENTION=16256]Rob A[/MENTION]lso, there is some doubt about whether my signature has been lifted from a photocopy of my driving licence, as the salesman I dealt with is not the man I dealt with and they inform me they have compared it to my driving licence and are happy they are the same. Why would they say that at a point where I hadn't queried the validity, unless that's what they had done?? The signature I use on my driving licence is different from my day to day one too! When I get the paper copy, it may be more definitive to tell.

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[MENTION=16256]Rob A[/MENTION]lso, there is some doubt about whether my signature has been lifted from a photocopy of my driving licence, as the salesman I dealt with is not the man I dealt with and they inform me they have compared it to my driving licence and are happy they are the same. Why would they say that at a point where I hadn't queried the validity, unless that's what they had done?? The signature I use on my driving licence is different from my day to day one too! When I get the paper copy, it may be more definitive to tell.

[R0b]

Re: VT and balloon payments

Hi Lynne, sorry for the delay - if you have a copy of the agreement you could send it to Kati@legalbeagles.info i'll tag her so she knows [MENTION=49370]Kati[/MENTION]

in relation to the signature, that is something you will need to verify, if you can prove that your driving licence signature is different from a signature you use daily then that could potentially be an element of fraud there, especially if you can remember the name of the salesman who did the agreement.

I'll wait to hear from you

[Lynne]

Re: VT and balloon payments

Hi Lynne, sorry for the delay - if you have a copy of the agreement you could send it to Kati@legalbeagles.info i'll tag her so she knows [MENTION=49370]Kati[/MENTION]

in relation to the signature, that is something you will need to verify, if you can prove that your driving licence signature is different from a signature you use daily then that could potentially be an element of fraud there, especially if you can remember the name of the salesman who did the agreement.

I'll wait to hear from you

[MENTION=23709]rob[/MENTION] thanks, I've forwarded the email with the attachment of the agreement yo [MENTION=49370]Kati[/MENTION] . I can remember the name of he actual salesman who did my agreement,. I still have hiss business card and every bit of paper connected with the order, a copy of the agreement not being amongst the documents he gave me. I think the difference in my two signatures are easily identifiable, whether that is provable, I don't know. I have now also cancelled all of my holiday and travel plans and brought forward the date to move into our new home. Im far too stressed with this to go off travelling and I feel I need to be based to try to deal with it. Due to the move, I have had to tell them to restore the direct debit and put on hold arrangements for the vt, which I can't progress now until I move, as I need the ombudsman's thoughts, along with yourselves. We are moving 400 miles and if I have to keep the car, I have one opportunity this weekend, to get the vehicle to our new locality. If I don't take that opportunity and then I find I can't vt, I'd have to find away to get all the way back here to collect the car if I'm to be stuck with it. I felt painted into a corner, so, depending on what else transpires, I felt I had no other choice. Thanks for your ongoing support. The contract email should be with Kati now.

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The email to Kati has bounced back again...I put it in exactly as it says here...this happened last time. I don't know why it bounced back but it has [MENTION=23709]rob[/MENTION] [MENTION=49370]Kati[/MENTION] poor Kati will be bombarded...ive now sent it again, with another explaining why I sent it twice...sorry...and thanks