VT of ford PCP deal...confused need help

[claretkoe]

Hi,

Thanks for taking the time to read and hopefully you can offer some sage like advice.

My partner has notified ford of her intention to vt as she is in excess of 50% of the amount.

They have sent a letter confirming today.

Firstly this letter is asking for payment for usage from her last direct debit date to the date of letter received. Is this correct? She was up to date with her payments with no arrears at time of them receiving letter.

The car is planned to be collected from me next Friday as my partner will be at work, should I sign any paperwork they bring or refuse? Don't want to agree to something I shouldn't be doing

Finally she is over her agreed mileage on the pcp deal so I expect ford will want to charge her for this? What's the correct course to deal with this? do we just remind them the cca says no further liability beyond the 50%?

Sorry for all the questions, hopefully you can help ease our minds

Thanks

[claretkoe]

Re: VT of ford PCP deal...confused need help

Hi

The car was collected last Friday and the collection rated everything as good, and everything present.

I have kept photos of the condition etc..

Today I have received a lettericon from ford credit entitled "reminder" under the terms of the voluntary termination i wire to advise you that the liability due is £918 or it will be passed over to debt collectionicon agency

No breakdown or anything just literally a demand for money's. This is the first letter received since collection.

Do I write back requesting a breakdown or just literally a standard letter stating no liability under CCa?

Thanks for reading

[claretkoe]

Re: VT of ford PCP deal...confused need help

Good afternoon,

After receiving letters demanding money for excess mileage and additional payment for hire I have defended it using template letters

Today I gave received a letter stating that they still believe the excess mileage is due under section 100(4) of the CCA.

Also for charges between our last payment and the date the termination notification was received, we missed no payments due before termination.

They state that they have assigned the account to Asset link capital who have appointed Link financial outsourcing to recover the outstanding and dating all future contact needs to be with them.

What is the next step I can take? Is it right they can just pass the debt on while I'm still in comms with them?

They have included a financial ombudsmen leaflet also.

Thanks for reading, and please help

[MENTION=71570]R0b[/MENTION]

[R0b]

Re: VT of ford PCP deal...confused need help

Have you received a breakdown of charges, and if so what is it?

It seems to be Ford's stance, sell it off and let someone else deal with it, but yes they can assign the alleged debt if they wish to do so, it's likely to be in the terms of the contract.

How many miles are they claiming you have gone over by?

What was the condition of the car in your eyes, do you think it was reasonable and did you take photos before you handed it over?

[claretkoe]

Re: VT of ford PCP deal...confused need help

Hi

Thanks for taking the time to reply.

They did send down a breakdown after I requested it.

The mileage limit after the 30 months of the contract should have been 15005 miles and the actual mileage was 25427.

The car was immaculate, have photos of everything. The collection company report states excellent condition across the board.

The charge was 6p per mile.

The other amount is for hire between my payment on the 1St December and receipt of my letter on the 23Rd December.

Thanks

[claretkoe]

Re: VT of ford PCP deal...confused need help

As if by magic we have received a letter from asset link capital today asking for payment within 7 days and not to speak to ford any further.

[R0b]

Re: VT of ford PCP deal...confused need help

As if by magic we have received a letter from asset link capital today asking for payment within 7 days and not to speak to ford any further.

Are you able to upload the document with your personal info removed so that I can see what it says?

[claretkoe]

Re: VT of ford PCP deal...confused need help

Are you able to upload the document with your personal info removed so that I can see what it says?

Hi
Hopefully you can see the attached [MENTION=71570]R0b[/MENTION]

[R0b]

Re: VT of ford PCP deal...confused need help

Hi
Hopefully you can see the attached @R0b

Standard letter from what I can see, they clearly have no knowledge or background information of the claim because in their letter they say that due to the default, your agreement is terminated. We know that is incorrect because you terminated the agreement.

So the letter notifies you of the assignment to Link Asset Financial, so all correspondence regarding the debt should be to Asset Link. Have you written to them yet requiring information about the "Total outstanding liability"? If not, you could write to them asking for a break down of the alleged charges and on what grounds they claim it is owed. Alternatively you could file the document and ignore them until further action is taken, likely to be an issue of court proceedings. If you don't want to go to court over it, then you simply pay up now and come to an arrangement with them - whatever the option, it is you that has to decide.

If you intend on defending the matter right through to court, I will help you where possible.

[claretkoe]

Re: VT of ford PCP deal...confused need help

Standard letter from what I can see, they clearly have no knowledge or background information of the claim because in their letter they say that due to the default, your agreement is terminated. We know that is incorrect because you terminated the agreement.

So the letter notifies you of the assignment to Link Asset Financial, so all correspondence regarding the debt should be to Asset Link. Have you written to them yet requiring information about the "Total outstanding liability"? If not, you could write to them asking for a break down of the alleged charges and on what grounds they claim it is owed. Alternatively you could file the document and ignore them until further action is taken, likely to be an issue of court proceedings. If you don't want to go to court over it, then you simply pay up now and come to an arrangement with them - whatever the option, it is you that has to decide.

If you intend on defending the matter right through to court, I will help you where possible.

Thanks

I haven't written to them at all yet. Is there a template I should use or just draft a letter asking for a breakdown?

How likely are they to start court proceedings and what happens if they do?

[R0b]

Re: VT of ford PCP deal...confused need help

There's no template specifically, though there may be some around on here but in essence if you want to write to them you could use the following pointers:

- in their letter they say the agreement is now terminated though in fact you terminated the agreement on x date
- request a full breakdown of the charges and what they were for
- on what grounds are they claiming the charges are due
- you are not able to consider your position until you receive the information above

Can you clarify when you notified them of the termination did you tell them its terminated immediately or it will be terminated after a number of days?

There is a real possibility that proceedings will be issued since they are debt purchasers so I would imagine they want to try and recover the alleged money outstanding.

Happy to look over your letter if you post up a draft beforehand.

[claretkoe]

Re: VT of ford PCP deal...confused need help

The termination was to take place immediately on receipt of the letter yes.

OK I'll draft them a letter when I get back on the computer tomorrow and share with you here before I send.

[claretkoe]

Re: VT of ford PCP deal...confused need help

The termination was to take place immediately on receipt of the letter yes.

OK I'll draft them a letter when I get back on the computer tomorrow and share with you here before I send.

I am writing further to your letter.
Your letter dated 23rd February 2017 refers to Asset Link Capital now terminating the hiring and agreement, however this was terminated between Ford Credit and myself on 26th December 2016 in line with the CCA.
Please could you Provide a full breakdown regarding the charges that you believe to be due to yourselves and on what grounds you are claiming these.

I am not able to consider my position on this matter until I receive information on the above.

Kindest regards

I'll add in the reference etc for them.

Should I include anything else?

Thanks [MENTION=71570]R0b[/MENTION]

[R0b]

Re: VT of ford PCP deal...confused need help

Just a couple of tweaks below.

I am writing further to your letter dated 23 February 2017.

Your letter refers to Asset Link Capital now terminating the hiring and agreement, however the agreement was in fact terminated by me on on 26th December 2016.

Your letter also fails to provide a breakdown of the alleged outstanding liability and on what grounds such sums are owed. Please provide a breakdown of the liability and on the grounds you seek to rely on under the agreement.

The rest is fine, just make sure to either send by email if they have an email address or, if your sending by post make sure to get a proof of postage receipt.

[claretkoe]

Re: VT of ford PCP deal...confused need help

Hi [MENTION=71570]R0b[/MENTION]

after a couple of months I received an email from link basically saying nothing other than the original debtor says we owe it (which I have attached) To follow that we received the attached letter in the post today, which again doesn't really answer the questions in my above email I sent