VT notice is up - next steps as car not collected?

[brody77]

Hi all,

I submitted a VT request using the excellent templates on here.
As is the norm, they sent out a form which I responded to advising I did not need to sign.
They came back wanting a fee to collect the car (quoting part of my t&c's which relates to them terminating) and I again replied politely, adding I have done a VT and no further charges can be levied.

The notice period is up today however, and as yet they have not responded. What should I do now?

(As an aside, I've had the car from new, paid over 50% and it has been very well maintained with less than 6k on the clock)

Thanks in advance,

Brian

[R0b]

Re: VT notice is up - next steps as car not collected?

Hi Brian, who is the finance company?

Where is the car currently parked, a driveway or public road?

[brody77]

Re: VT notice is up - next steps as car not collected?

Hi Rob,

it's with Startline Motor Finance.

It's currently parked in our drive, but I've been considering moving it to the public road.

[R0b]

Re: VT notice is up - next steps as car not collected?

There are a couple of options available to you:

1. Write to them informing them that the car is parked on your drive in which you have revoked your permission for it to be there and if the car isn't removed from the drive within the next 14 days, you will consider commencing proceedings for trespass and charge of £10 per day will be levied until conclusion of the claim.

2. Threaten to have the car removed from your drive and put on a public highway, you will cancel all insurance and tax and notify the DVLA that they are now the registered keeper of the vehicle and you will not be liable for any losses suffered as a result, again give them 14 days. If you go down this route I would suggest notifying the DVLA online here https://www.gov.uk/sold-bought-vehicle and waiting until you have received confirmation that they have updated the database. Otherwise if you put the car on the road you will be held liable as your name was last on the V5.

3. As it stands, you are now an involuntary bailee, which means you do have some obligations of not causing damage to the car and ensuring reasonable care of it. You could demand removal of the car within a specified period, if they fail to do so then you will deem the car as abandoned and then proceed to selling the car at auction, minus any costs or storage incurred along the way. If you opt for for this, then I would suggest you read the recent thread below for assistance on drafting a suitable letter.

http://www.legalbeagles.info/forums/...ion-Ford-Focus

[brody77]

Re: VT notice is up - next steps as car not collected?

Thanks Rob,

Wanted to check, as you mention giving them another 14 days - my normal payment is taken for the car on the 1st of the month. Am I ok to cancel the direct debit due to the agreement being terminated?

Keeping it in the drive for now seems the most logical to ensure nobody bumps the car or anything, but should I still cancel road tax, transfer ownership etc at this time?

Also should I take my evidence photos now, or when they collect it?

I was hoping for a stress free experience but seems that they are happy to drag it out by taking ages to respond.

[R0b]

Re: VT notice is up - next steps as car not collected?

Yes, cancel the DD and also the insurance and notify the DVLA, as the agreement is terminated and the DVLA should cancel and refund any outstanding tax to you, once it has updated the information.

Might be best taking interim photos now so you have something, and then the day before / on the day of collection as final proof of the car's current condition.

If you go down option 3 then I would extend the 14 day period and give them 28 days, just so they have every opportunity to collect it and can't say they never had time. If the car is eventually sold, then you would need to keep the proceeds for a total of 6 years from the date of sale as this is the period of time they could bring a claim if you don't pay them back. Not that I'd expect it to get that far but who knows. The sample letter in the link above does state you can claim storage costs during the period beginning on the date of the letter so make sure to get that in and you can deduct £280 from the proceeds.

[brody77]

Re: VT notice is up - next steps as car not collected?

Kind of silly question possibly, but doing the online dvla - which option do I select for what I've done with the vehicle?
Sold privately?

I've never used the online service before, just want to keep myself right.

Still no response from Startline.

[R0b]

Re: VT notice is up - next steps as car not collected?

I have to be honest I haven't used the online option since it has been introduced. If the other option is a trader, then I would say yes it is being sold privately.

[brody77]

Re: VT notice is up - next steps as car not collected?

Thanks Rob, completed the online service now & I'll send another email to Startline today reiterating that I have notified the dvla & they have 14 days to remove the car from my drive else I will charge them storage etc.

I assume I can go ahead & cancel my car insurance at this point?

Anticipating they will try to cause me hassle - their non reply makes it clear they're gonna drag it out I think.

[R0b]

Re: VT notice is up - next steps as car not collected?

Yeah you can cancel your insurance too, what option are you looking to take?

[brody77]

Re: VT notice is up - next steps as car not collected?

At the moment I'm going to advise its in the drive & mention storage charges etc.
TBH I'd rather it was there than out on our street and risk any damage.

What should I do in the event the continue to be unresponsive? Is that when I go to the ombudsman or such?

I'm still wary of them trying to hit me with charges to get any extra from me they can!

[R0b]

Re: VT notice is up - next steps as car not collected?

Well you can either say they are trespassing or charge them storage but at what point do you take further actin for charging storage?

If you aren't going to put the car on a public highway I suggest you do option 3 which is write a letter and give notice of intention to sell the goods. You can find a link on this in post #4 above which contains a sample letter. If you give them enough time like 28 days and they still fail to collect then you can legally sell the car at auction and deduct your storage fees and costs associated in selling the car.

[brody77]

Re: VT notice is up - next steps as car not collected?

Option 3 sounds like a bit of a stressor if I'm honest Rob.

Think perhaps option 2 might be the way to go after all.

Is there a template letter I can use for this?
I find I'm not that great at formal letters!

[R0b]

Re: VT notice is up - next steps as car not collected?

Send it by post, keep a receipt of postage but it may also be easier if you send it by email too if that's possible.


------------------------

Dear Sir / Madam,

Re: Notice of intention to remove vehicle for trespassing

Vehicle registration:
Agreement number:

I am writing concerning the above matter relating to a hire purchase agreement I entered into, which is subsequently terminated as of XX XX 2016.

Despite numerous attempts to arrange collection of the vehicle, you have failed to respond or acknowledge my requests. Given your intransigence and with the vehicle causing an obstruction, you are put on notice that permission for your vehicle to be on my property is hereby revoked and the continued refusal to collect the same amounts to trespass. If you do not contact me by 6 October 2016 to arrange a suitable date to remove the vehicle from my property, I am within my rights to remove the vehicle from my property. In the event that the vehicle is removed, it will be placed on [STREET NAME] for you to collect and you shall be responsible for any losses incurred or suffered thereafter.

Please note that the insurance and tax is now cancelled, and the DVLA has been informed that you are now the registered keeper of the vehicle and I would advise that you contact me immediately on [NUMBER] to resolve this matter.

I look forward to hearing from you by 6 October 2016.

Yours faithfully,

[brody77]

Re: VT notice is up - next steps as car not collected?

Hi Rob,
Just wanted to say thanks for the template.

I'll keep you posted on my progress!

Oh, there was one other query - the online dvla process says to give the green new owner slip from the v5 to them when they collect the car. Do I fill that out with their details?