volunarty termination

[R0b]

Re: volunarty termination

Who's the name of the finance company? They are talking out of their rear end, it's their car and you are not a chauffeur. As long as you are not refusing to allow the goods to be collected they can't force you to drop it off. It's beyond your cope of liability.

Is the car on the driveway or public road?

[alfie13]

Re: volunarty termination

there called startline motor finance, the cars on the driveway mike

[R0b]

Re: volunarty termination

Tell you what start the process of notifying the DVLA online, get the ball rolling on that and we can prepare a letter/email to startline about what they need to do and what will happen if they don't

[alfie13]

Re: volunarty termination

i have put the vehicle in there name mike

[alfie13]

Re: volunarty termination

i have put there email address in so they will get notification about the change of ownership of the vehicle

[R0b]

Re: volunarty termination

How will you know when there has been a change of ownership though?

[alfie13]

Re: volunarty termination

i have given them my email address as well for sale notification

[alfie13]

Re: volunarty termination

hi what should i put in my letter/email cheers mike

[R0b]

Re: volunarty termination

Sorry Alfie I've missed this, I'll try and get something up to you later tonight

[alfie13]

Re: volunarty termination

cheers thanks rob

[R0b]

Re: volunarty termination

Hi Alfie apologies for the late response. You can add send something like the below

Dear Sirs,

Vehicle Registration:
Agreement Number:

I am writing with reference to the above. The reason for the [letter / email] is because having terminated my agreement in accordance with section 99 of the Consumer Credit Act 1974, you have point blank refused to arrange collection of the vehicle and/or allowed me to return it to yourselves. There is nothing within the CCA that legally requires me to sign any of your documents agreeing to pay any damages upon assessment, all that is required is to make the vehicle available, something I have done for some time.

As a result of this, I have now informed the DVLA of a change of registered keeper and once confirmed, any tax and insurance shall be cancelled I will arrange for the vehicle to be removed from my driveway and put onto a public highway as you no longer have permission for the vehicle to be parked on my property. May I remind you that the agreement was terminated on XX XX XXXX and because of your unreasonable conduct and behaviour we are now in this position. Therefore, any liability resulting from the car once it has been placed on a public highway shall be your responsibility unless you contact me to arrange collection beforehand. I anticipate receiving confirmation within the next [3-5] days at which point I shall no longer be in contact.

Yours sincerely.

[alfie13]

Re: volunarty termination

hi rob I have pasted the letter and sent by email will keep you updated thanks for the help

[alfie13]

Re: volunarty termination

Got email today from startline saying we request you please refer to sections 11 and 10.13 of the terms and conditions of your agreement , they wont the car delivered to auction house which is 60 miles away and if I wont it picking up 200 pound

[alfie13]

Re: volunarty termination

hi rob they are saying in the agreement I signed it says your right to end agreement early 11.1 you may end this agreement in accordance the wording on the front pages under heading termination by you in which event you must return the vehicle to us at your expense and pay all repairs ,

[R0b]

Re: volunarty termination

hi Aflie,

Up to you what you want to do, it is a legal requirement for them to put a termination notice explaining you can termination after paying 50% and pay nothing more, if they do not then they have failed to comply with the prescribed terms of the agreement and becomes unenforceable.

Have you received confirmation from the DVLA yet as to registered keeper of the car transferring?

I would be minded just to tell them where to go and that there seems to be a stalemate, so unless they arrange collection of the car before the DVLA updates the database, you will be arranging for the car to be removed from your driveway and all liability rests with them. If they want to call your bluff then is up to you but they are ultimately going to lose as the CCA is on your side.