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

[R0b]

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

Not sure if there is a way to check, maybe the website shows past cars sold and how much for or you could call up and confirm when the car was sold and how much for? The account on your credit file should normally be closed down not too long after you terminate the agreement as usually credit reference agencies update and refresh on a monthly basis. Though if its there longer than that you should require them to close it immediately as they do have the power to notify credit agencies and to update their records.

One thing to keep an eye out is the remaining balance on the account, if you are in arrears or they claim excess mileage / damage they sometimes update this and it shows on your file. This is incorrect as those charges don't form part of the monthly instalments and shouldn't be recorded on your file. Other times they may put a default notice on there which will adversely affect your rating.

You may need to be diligent over the next couple of months to make sure they don't do anything underhand or suspicious.

[weenatfergy]

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

[MENTION=91066]brody77[/MENTION] is the account shown as closed on your credit file now?

[brody77]

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

Hey [MENTION=92283]weenatfergy[/MENTION] - just checked there & nope, can't say I'm shocked to say it isn't showing as closed.
Will need to chase them (shocker).

As per [MENTION=71570]R0b[/MENTION] previously, I'll give them to next week and then start chasing.

No doubt I should expect another arrears letter off of them in a few days as my DD was the last day of the month.

[brody77]

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

Got home today and had an arrears letter from Startline (2 months payments worth) - called them up & get this - they are trying to say it's a voluntary surrender!
This despite all of the emails, the letter, the phone calls!
Absolutely ridiculous. [MENTION=71570]R0b[/MENTION] could really use some more advice on this fella, as I know a VS is something totally different & they try to hold you liable for the remaining balance do they not?

Very worried now, this stress is the last thing I need. Should I go straight to the FOS or such?

[R0b]

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

Sounds like they are messing you around to be honest and if I were in your position I wouldn't be giving them the time of day anymore. A VS means you surrender the car and repay the remaining balance left under the agreement. Even though you don't owe any further moneys the fact you received a letter stating two months owed (and prior correspondence confirming VT) does not indicate you completed a VS.

You can't go straight to the FOS as there is protocol and you must make a formal complaint to them and they have an entitlement to up to 8 weeks of investigation and responding to your complaint before you can go to the FOS.

What has worked on other threads where lenders have refused to collect the goods is to send a letter which is made in connection with the Torts (interference with goods) Act 1977. As you remain in possession of the car but not the legal owner you are classed as an involuntary bailee. Under the Act you have a legal right to notify the owner of the goods to collect them within a reasonable time. If they fail to do so then by law it is deemed that the owner has abandoned the goods and you are free to dispose of the goods without any liability though you can't keep the proceeds.

Previous posters have sent the letter below and within days receive a phone call with arrangements to collect the car.

In addition to the letter below you could also make a formal complaint (separate letter/email) as regards to their conduct and lack of co-operation and the fact that they have made your life difficult since the agreement has ended. Ask for a reasonable sum of compensation for the stress and inconvenience. If the matter is not resolved to your liking then you will take matters further and complain to the FOS.

It is entirely up to you which way you would like to go

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

Dear Sir

NOTICE OF INTENTION TO SELL UNDER THE TORTS (INTERFERENCE WITH GOODS) ACT 1977

Agreement number:
Vehicle Registration:

I writing in in relation with the above matter and in connection with giving notice to voluntarily terminate my hire purchase agreement. Your vehicle is currently parked on my drive and despite a number of requests to arrange collection, you have so far refused to do anything about it. Your vehicle is no longer authorised to remain on my property and continued refusal to remove it will constitute trespass. You will be aware that upon giving my notice to terminate, a reasonable was given time to collect the vehicle however you have so far refused to do so. Although there is a dispute as regards to the condition of the vehicle, this does not negate your obligation to remove it from my property.

In accordance with section 12 of the above Act, this letter is intended to give notice that unless the vehicle is collected by [28 DAYS FROM DATE OF LETTER] December 2016, the vehicle will be deemed as abandoned and arrangements shall be made for it to be sold at the nearest auction, and I will not be liable for any losses suffered by you as a result of the disposal. Furthermore, I am rightfully entitled to deduct any costs associated with the sale of the vehicle including storage costs, and in which case, a charge of £10 per day shall be levied (beginning on the day after the date of this letter) until the vehicle is sold. Once the vehicle has been sold, I will contact you further to arrange for the remaining proceeds to be transferred to a bank account of your choosing.

In the meantime, if you would like to collect the vehicle then it is available for collection from my address at the head of this letter and I would suggest that you contact me on [NUMBER] to arrange a suitable time.

I look forward to hearing from you by [DATE].

[brody77]

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

Hey [MENTION=71570]R0b[/MENTION], appreciate the quick response - thought I had mentioned to you already, sorry - the car was actually picked up on October 7th and appeared on the Manheim Auction site shortly after before being removed, presumably due to sale.

I take it the best way forward is an email to complain then, stating the reasons etc. I don't know if they record their calls, but I previously spoke to one of their agents on the 6th October and another on I believe the 14th, both of whom confirmed without prompting, that I had done a Voluntary Termination.

No doubt they will be trying to use the fact I told them to collect the car as a reason.

Getting the feeling this is going to drag on for a good while. Just what I need this time of year!

[R0b]

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

Sorry I must have missed that so in that case yes you are right to make a formal complaint.

I wouldn't try to drag out the complaint with every bit of detail, only focus on the relevant points e.g. you VT on X date, they dragged their heels in collecting the car, they are claiming you owe 2 months payment despite the agreement being terminated and finally now claiming that you voluntarily surrendered the car which is completely false and amounts to fraudulent behaviour in an attempt to obtain further monies they are not entitled to. attach relevant letters, emails etc confirming you VT'd as proof and also the letter you sent to them initially.

Given the circumstances, their conduct in the matter is wholly unacceptable and you expect a reasonable sum of compensation as a result (I would say no more than £100) for the stress and inconvenience this is causing you.

Explain you are aware that they have up to 8 weeks to investigate and respond. If their response is inadequate or fail to respond then you will take the matter to the FOS without any further notice to them.

[weenatfergy]

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

[MENTION=91066]brody77[/MENTION] good luck with your complaint. I just can't get my head around the fact that it is stated in law that we as consumer can exercise our right under CCA 1974 to VT yet finance companies make it near impossible to do so. It's time that these companies are dealt with and put in their place a bit. They have no right to be sending arrears letters to you even after you have confirmed with the finance company that the first one you received was an 'automatic mail'. disgusting behaviour if you ask me. I would check your credit file for any changes that they may have made and ensure this is dealt with.

[brody77]

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

So I'm still awaiting a response from their complaints dept, yet just now I've received an email from someone in their collections team?!

This is following on from receiving a default notice just over a week ago.
Absolute lunacy & the stress and anxiety I'm dealing with is making me ill.

Not even sure I should respond to the collections email as clearly none of the depts there talk to each other.

[R0b]

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

what does the email from collections say?

[brody77]

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

Hi [MENTION=71570]R0b[/MENTION], it's a very strange email TBH, its wording made me think it was spam at first.

Basically saying they 'would like to make contact and discuss some important business' in regards to my finance agreement. I assume it will be in relation to the default notice which said I need to pay the Oct/Nov payments by 05/12 (termination was submitted on 05/09 and ownership reverted to them on 20/09).

I'm considering responding to them purely to refer them to the ongoing complaint and telling them to take no further action until it has been resolved.

I've also ended up at the doctors today because of the stress & anxiety they are causing.

[R0b]

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

Hi Brody,

try not to get too wound up about this, it is a tactic used by them to try to get you to pay up. Termination of the Agreement came about before those payments were due and if they don't uphold your complaint then you might be able to seek some compensation from them via the Ombudsman.

It is a good idea to reply back and tell them you have on ongoing complaint and if the email relates to that complaint then they need to put it all in writing, otherwise they should be acting in accordance with the FCA rules and all disputes should be put on hold until investigation of the complaint has concluded.

[brody77]

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

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

I was going to reply with this, keeping it short & to the point?

Dear ...
In regards to your email of 29th November 2016, please be advised that if the email is in relation to my ongoing complaint (ref ...) then please put any correspondence in writing.

Additionally I would add that as per FCA rules, all disputes should be put on hold until investigation of the complaint has concluded.

Yours Sincerely...

Do you think that's ok as a response? I didn't see any point getting into any depth as I expect someone in collections won't be interested.
Also should I mention the ombudsman in my mail or leave that for now?

cheers

[R0b]

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

Hi Brody, that seems to be fine, you could mention a reminder saying that the complaint has been ongoing since XX/XX and you would remind them that they have 8 weeks to respond, failing which you will go directly to the Ombudsman without further notice.

[Kirstyanne93]

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

Hi wondering if anyone can help, I sent my VT letter off to MotoNovo on the 23rd of November recorded delivery which they say they didn't receive until the 30th.

I hadn't heard anything so phoned today and they've said it will take up to 5 weeks for the car to be collected due to a high volume of VTs at the moment, however on my letter I stated they had two weeks from the 23rd meaning the car has to be picked up by the 7th at the latest.

They are now saying it will be at least 5 weeks but my insurance runs out on the 8th of December - what do I do?