Very quick VT question

[triciabath]

Hi my son is going through this process. He has been told by the finance company that he should pay £70 fee to come to inspect the vehicle. Is this true. The finance company says this is within the company's terms and conditions.
The other question is should he make his monthly direct debit payments until this matter is resolved?

Thank you to whoever helps with answers to these questions...and bear with me this is the first time I have joined a forum.
Tricia

[R0b]

Re: Very quick VT question

Hello Tricia,

I would consider the charge for inspection a penalty clause and not enforceable, because it could be construed as a deterrent from terminating the agreement. Anyway, under the Consumer Credit Act, this charge isn't recoverable.

If they have received the letter and acknowledged it then the agreement is terminated and you are not obliged to continue payment so the DD can be cancelled. All you are required to do is give not to terminate the agreement, the CCA does not specify that advance notice must be given, so if you sent it by post then the agreement will be deemed terminated following the usual postal delivery times.

Who is the finance co. may I ask?

[triciabath]

Re: Very quick VT question

Hi Rob - thank you for your message and your help. The letter was posted via recorded delivery and I have kept the receipt. The finance company (Santander) must have received it as my son said he has had a call from them to say he has to arrange the inspection so that must confirm receipt. He us happy to do the photographs and even video the car and admit to a couple of dents and scratches but does not want to pay the £70 Santander says he has to pay. His direct debit is due out on 25th September and the letter he sent is dated 19th September.

Tricia

[R0b]

Re: Very quick VT question

Is the agreement a conditional sale agreement with Santander? I did take one out with them a few years ago and their terms state that the charge of £70 is for collection fee of the vehicle or you msut return it at your own expense. They only use Manheim auction sites so if there is not one close by then that would be an unreasonable distance to travel as you still incur further costs.

I had a similar debate when I refused to pay the £70 (plus £45 for very minor damage) and they wrote it all off as a 'commercial decision' after a period of time.

If it is a conditional sale then you should see something like the following below



Either way, you don't need to pay the £70 collection fee, they will argue over the phone but you can threaten to inform the DVLA that they are now the registered keeper, cancel insurance and tax and then leave the car on a public road. The responsibility and liabilities will be theirs. At that point they should, if they have common sense to arrange collection