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

[R0b]

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

I think it's the owner that fills that out as you have already notifed the DVLA. Keep any email acknowledgements or receipts of notifying them in case it crops up at a later stage.

[brody77]

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

[MENTION=71570]R0b[/MENTION] - I've just received the following response from them, which, if I've understood correctly in other threads here for VT, is all completely incorrect, but still causing me a lot of stress right now!

'Further to your email dated 23rd September 2016. Please be advised in accordance with the terms and conditions of your agreement, you will be liable any vehicle uplift costs and damage costs following a vehicle appraisal.

You will also be liable for any shortfall amount outstanding after the vehicle has been sold.'

My immediate thought is this is the first time they have mentioned damage costs & shortfall so I believe they are again just trying to get more money from me, but clarification would be appreciated.

[R0b]

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

Standard wording to be honest and misleading and potentially considered fraudulent. You are not obliged to make up any shortfall from the car being sold, which is usually at auction. Nor are you obliged to pay any costs of collection but you are liable for any unreasonable damage to the car, which is subjective

[brody77]

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

[MENTION=71570]R0b[/MENTION] thanks mate!
Gotta be honest, I was stressing the weekend over this!
Should I respond to them again or just hold off as I've fulfilled my obligations here? Notice ended on 20th September & the car is waiting on them contacting to collect.
I expect they'll try to take another DD payment on Monday as well but I cancelled that on the 20th as well.

[R0b]

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

So have they not arranged to collect the vehicle yet or is there a date for this?

[brody77]

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

Nope, they haven't been in touch to arrange collection.
The last email I sent was the one you provided above, giving them until 6th October or the car will be moved onto the public road.

[R0b]

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

Well I suggest you send a response to them which is short and to the point:

- Acknowledge email but reject any notion that you owe them any shortfall or vehicle collection costs. Your liability is limited in accordance with s.100 of the CCA.

- Remind them that they have yet to contact you to collect the vehicle and they have until 6 October to make arrangements otherwise the car will be put on a public road outside of your home. explain that you have now cancelled the insurance and informed the DVLA they are the registered keeper. You will not be liable for any losses suffered by them because you have given them sufficient notice and they have ignored your repeated requests to collect the vehicle. Offer a contact number for them to call you.

[brody77]

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

Hi [MENTION=71570]R0b[/MENTION],
Things have been rather manic with work so only got putting this together now. Does it look ok?

I've had a letter from dvla now confirming I'm no longer the registered keeper, and one from the finance company (the system generated "you've cancelled your direct debit" one.

--------

Vehicle Registration:

Agreement Number:

Dear Sir/Madam,

Further to your email of 23rd September 2016, I am writing to remind you
that I have had no contact regarding collection of the above vehicle, and
if no arrangement has been made by 6th October 2016 the vehicle will be
moved to the public road outside my home.

As previously advised, the insurance for the vehicle has been cancelled and
the DVLA have been informed that you are now the registered keeper of said
vehicle as of 20th September 2016.
I will not be liable for any losses suffered by you as I have given
sufficient notice and my requests to have you collect the vehicle have been
ignored.

In respect of vehicle collection costs & shortfall from auction I remind
you that this agreement was voluntary terminated by my written
communication to you dated 5th September 2016 and the notice period for
voluntary termination expired on 20th September 2016.

As such, my liability is limited in accordance with section 100 of the CCA
& no futher charges may be levied.

Please contact me on <xxxxxx xxxxxxx> to arrange a convenient time for the
collection of the above vehicle.

Yours faithfully,

-----

I've just had another look at my contract too and noticed they have a section 11 relating to VT saying the car needs to be returned at my expense. Does that mean I need to pay collection after all, or does the CCA overrule that?

Fully expecting them to try and hit me with charges over my direct debit being cancelled, even though I terminated.

Thanks

[R0b]

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

I would add in further something like the following just to be absolutely clear:

"I will remind you that a [letter/email] was sent to you on [insert date] to arrange collection of the vehicle by 6 October 2016, failing which the vehicle will be removed from my property and put onto a public road (insert street name) however you are still yet to contact me to discuss a suitable time. As you are will also be aware, the DVLA has confirmed [finance company] as the registered keeper and this means that the vehicle is no longer taxed and I have revoked the remaining insurance. Therefore, should you continue to ignore my requests, I shall not be liable for any losses suffered by [finance company] after 6 October 2016."

Where there is a conflict between the CCA and the terms of the contract, then the CCA provisions prevail and the contractual terms affected are void and unenforceable.

[brody77]

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

So, just a quick update on my VT.

The car was collected rather (too?) painlessly this evening as the guy ended up unable to make it yesterday.

Oddly, he didn't look over the car in any way, no damage report etc - makes me think that they've used a collection agent of some kind here? (Also I assume that means they've no comeback on "damage" to it as I didn't sign any form of damage report?)

All I was given was a printed one sheet with my details on it and the folk collecting - also very much noticed by me was the "Instruction Type" that the auction place put on the sheet - VS rather than VT.

So I'm now anticipating more nonsense with the finance company in a week or so no doubt, but I made sure to take photos of EVERYTHING - keys, service book, lock nut you name it.

Also the guy asked for the full V5 (minus the yellow bit) even though I already did it all online with the DVLA and have confirmation? Figured this was fine, end of the day I told him the DVLA had already registered the change of owner.

I'll update the thread with any further news, but if anyone has any thoughts/comments I'd appreciate it!

[weenatfergy]

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

Keep us updated on this, I will be VTing my car on the 25th October as I have a direct debit payment on 24th and then I will contact them to pay the remainder to the 50% which is £230ish. I will then VT it on the 25th using templates on here giving 14 days notice. Hopefully I don't go through what you have. Seems a total faff. A question for anyone, how king does the balance stay on your file for? I take it it's after 14 days of your notice?

[brody77]

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

It's a total pain for sure, but hopefully light at the end of the tunnel now.
Also worth noting my former car is already listed on the auction website!

[brody77]

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

[MENTION=71570]R0b[/MENTION] just curious if you had any further advice?
Car was collected a week ago & I've heard nothing since then.
It's been listed on the auction site since Monday & as mentioned previously no damage report was done on collection.
How long do I wait before requesting a letter confirming my account is closed?

Thanks in advance

[R0b]

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

Hi Brody

I would give it another couple of weeks just to be on the safe side, there may not be a response from them until the car has actually been sold. You should check your credit file to see if it has been closed on there, and if not you should chase up and tell them you want it closed within 7 days as they are reporting inaccurate data.

Might also want to keep an eye on the auction and see how much your car sells for if you can just in case there is a dispute about that.

[brody77]

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

Thanks [MENTION=71570]R0b[/MENTION]!

Had a look again this morning & it's no longer on the auction site, I've no idea if there's a way to find out what it sold for?

Also I spoke to someone from Startline on Friday as they had sent me an arrears letter. He was really decent though, confirmed the VT and said the letters were automated and my account would be closed following the sale of the vehicle.

It doesn't look like the account is closed on my credit file yet either.