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

[brody77]

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

Hi Kirstyanne, best thing I can suggest is create your own thread for your VT as it will be noticed there rather than within this one as this purely relates to my own experience.
The guys here are really helpful & will keep you right

[Kirstyanne93]

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

Thank you! Have just started a new thread

[brody77]

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

A small update on my ongoing saga - my credit rating has now dropped and a default is showing against the Startline account.
I've had no response to the email I sent their collections analyst (detailed in above posts) nor have I had any response to my complaint, which is now a month old.

I feel I should send them a reminder letter at this stage, detailing the further hassles I've experienced as well as my health concerns.
I'm also rather shocked that they've proceeded with the default, given that I advised them of the complaint & reminded them of the FCA rules regarding disputed payments.

Any other advice you could offer at this point @R0b?

cheers

UPDATE ; I've come home from work to a letter from Link Financial stating it is a notice of debt collection services!!

So basically Startline are ignoring my VT, ignoring my complaint and ignoring FCA rules regarding disputes!
Absolutely unreal.

More scare tactics I presume, but this one has me rather worried.

What should I do here?

[R0b]

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

Hi Brody is it possible to upload the letter you received from Link Financial with personal info removed. you can provide the thumbnail link using this site - www.postimage.org

It is up to you as to what you want to do, there's two possible options.

1. You can pay up, and the likelihood is that the default may stay on your credit file

2. Send a Letter before Action and threaten to take to court for breach of data protection, remove the marker and claim damages.

Sorry Just to add, if you've lodged a formal complaint Link Financial may have purchsed the debt and they shouldn't have done that whilst the complaint in progress. If the default marker is put by Startlne then they need to remove it as they have no right to do so anymore, but if it's link financial then if you go the court route, you need to direct the letter to them.

[brody77]

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

Hi [MENTION=71570]R0b[/MENTION], hopefully I've done this right...



Obviously I don't have 5k+ lying around for this, I'm beyond shocked that they've done this, although it's probably worth noting that Startline & Link are part of the same company.

I've had no reply to the complaint as yet (now a month passed), I had no reply after emailing collections two weeks ago, and I continue to be baffled that they seem to be ignoring the CCA & FCA rules in such a manner.

Last thing I need before Xmas to be honest.

I have sent everything to the Ombudsman also, I know Startline have 8 weeks to respond, but with all of this behaviour I felt I had to do something as this is genuinely putting me at breaking point.

[R0b]

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

Reading back on the thread you have already made the 50% payments so I am not entirely sure how or why they have come to the conclusion you owe the remaining balance on the agreement?

Unfortunately sending everything to the Ombudsman won't get your complaint looked at any faster. There is a procedure and you have to follow it, no shortcuts I'm afraid.

Have they defaulted your account with the full 5k amount? Again, it depends what you want to do now and generally the fastest way in these situations is court action - everyone usually responds to threats of court action faster than a mere complaint.

Alternatively, you could write to Link Financial, explain that there is a complaint ongoing, the matter should be put on hold in accordance with FCA rules which startline are in breach of. In addition you have already terminated the agreement under section 99 having paid the 50% so the amount they say is owed is wholly wrong and you won't be paying it.

You should also send a letter to Startline and explain that you note there is a default marker on your account, your complaint was submitted on X date and they now have X days left before the matter goes to the Ombudsman and they have passed this onto Link Financial in breach of FCA Rules. YOu also reserve the right to bring a claim for breach of data protection under principle 4 and claim damages of at least £750 or more if you choose to claim aggravated or exemplary damages.

Unless you issue court proceedings, you have to follow the procedures I'm afraid. A claim for damages of £300 would cost you £50 in total, £25 issue fee and £25 hearing fee if it gets to that stage.

[brody77]

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

As always [MENTION=71570]R0b[/MENTION], I appreciate your advice.

You're absolutely right, I paid over 50% (31 payments of a 60 month agreement) and the VT was done in September.
They didn't close the account - the first late payment letter in October I was told to ignore, then in November I was told it was showing as a Voluntary Surrender on the system. Very suspicious behaviour in my opinion.

[R0b]

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

Presumably you have evidence that the agreement was terminated i.e. proof of receipt any comments from them about the VT or emails sent to them etc?

Their accounts technically amount to deceit, again something which is actionable in court. Not uncommon for lenders do apply defaults by abusing such powers to get what they want, alot of people never want to go to court and they rely on that. I think it would be hard to prove that you voluntarily surrendered and I believe there is a court case that confirmed if there is confusion as to whether a debtor VT or VS the car, the court would apply the one which favours the debtor as its unlikely the debtor would put themselves in a worse off position unless explicitly clear.

I would also advise to download and/or print a copy of your credit report as evidence they have put an adverse marker on there should you choose to take further action and obtain compensation.

[brody77]

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

Well, after 6 months, time off work, numerous phone calls, letters, emails, trips to the GP & Hospital and finally an Ombudsman complaint, this ordeal is OVER!

Within ONE WEEK of the Ombudsman stepping in, they not only had a reply from Startline, but a full agreement with my complaint.
Account closed with VT processed correctly & no monies owed, default removed from my credit file and "car condition" fee waived (in lieu of compensation, even though the car was immaculate and they didn't do a condition report).

Extremely relieved that this is now resolved & I can put it all behind me.

Just want to end by thanking [MENTION=71570]R0b[/MENTION] for all of his advice and encouragement to stick to my guns, and absolute legend.