Delays post-VT and delivering the car

[magicpockets]

Hi,

Firstly thank you for the advice people have given, it's been a big help in getting my VT through my VERY reticent finance company.

I've posted as in a strange situation and don't know what's the best course of action. I gave notice of VT and it was accepted by the finance company, and the 14 days notice ended last Friday (19th). They messed about a lot (arguing over me signing extra forms mainly) and didn't get an inspection organised or tell me where to return the car until yesterday (Tuesday 23rd). The finance company accepted this was beyond the 14 days and said they were happy with that, but now I'm of a mind that as the 14 days has ended and the agreement terminated that I don't own the car? If that's the case I can't insure it and drive it?

My instinct is to cancel the tax and insurance (I've actually told them I've done this) and leave it in the road (I have no off road parking) - but wanted to ask wiser minds first. Any ideas?

Thanks for any advice on this, it is genuinely appreciated.

[Kati]

Re: Delays post-VT and delivering the car

[MENTION=71570]R0b[/MENTION] should be able to advise xx

[magicpockets]

Re: Delays post-VT and delivering the car

Just to add -

"Please see attachment for the final requirements before delivering vehicle auction . I need to refer you back to Clause 8 of your Terms and conditions of agreement again please:
8. Your Rights to end the agreement
You have the right to end this agreement as set out in section headed ‘ Termination your Rights’. You must then at your own expense return to us the goods at such address as we reasonably specify together with the registration documents, keys, road fund license, service history and test certificate in case of a motor vehicle. If you have failed to take reasonable care of the goods you must also pay to us on demand a sum equal to the cost of putting them in reasonable condition."

[R0b]

Re: Delays post-VT and delivering the car

Can you clarify whether they have told you a destination to return the car, and if so is it a reasonable distance? If they have given you this information it will be implied that there is permission to drive the car.. it won't drive itself..yet! It you consider the distance unreasonable, then you are entitled to ask for payment and you will only return it once they have agreed to pay you - if they don't get back to you within 7 days then you will proceed to cancelling the insurance and tax. If it were me I would get them to come and collect as there is no obligation for you to return it - it's their vehicle, so they come and collect.

Going down the tax and insurance route, I suggest you notify the DVLA first of a change of ownership. If you cancel those first and it gets picked up you are the one who is going to be footing the bill. Once confirmation is received then you can cancel the insurance and notify them of what you've done maybe attach the confirmation as proof. That way if it gets picked up its their responsibility to tax and insure it, not yourself as the agreement has been terminated for some time already.

And make sure to take plenty of photos

[magicpockets]

Re: Delays post-VT and delivering the car

Hi Rob and thanks for your reply. Response bulleted for ease.

1. They've today given me an address to return it to which is 15 miles/30 minutes away.

2. My terms say "You must then at your own expense return to us the goods at such address as we reasonably specify together with..." - is that an obligation on me to return it?

3. If the agreement is terminated, is it not reasonable for me to uninsure and untax the vehicle? On that basis I would not be able to drive the car legally, and therefore a "reasonably specified" address would be nowhere (as it's unreasonable to expect me to drive an untaxed and uninsured car)?

4. They've jerked me around no end and are well over the 14 days so am not interested in doing anything other than the bare minimum now.

Let me know your views on my thinking?

And thank you!

[R0b]

Re: Delays post-VT and delivering the car

Technically, you don't have to return it as that would cost you money and under the CCA your liability is capped, if any terms impose further liability/duties then for the purposes of VT, its void and unenforceable.

It's not unreasonable because its costing you money to keep it taxed/insured.

Have you been corresponding by email or letter?

If you want the bare minimum then write a response to them and say the agreement is terminated you have no further obligations or liability and that clause of returning at my own expense contradicts the position under the CCA (section 173) so they need to arrange collection or you will do as previously mentioned.

[magicpockets]

Re: Delays post-VT and delivering the car

Ok, on it Thank you Rob - and for what it's worth, the time and support you've evidently put into this forum is breathtaking. Hats off to you