VT with Close Motor Finance

[woodbane]

Re: VT with Close Motor Finance

If it is on your driveway which is private land then you should be fine to SORN the car as long as it is not parked on a public highway.

I would suggest you perhaps write to them and notify them that you will be cancelling the insurance on X date which means if they do not come and collect it by then, they will need to arrange for their own insurance and tax and that the V5 is then changed into their name (although there is no harm in you doing it now as it may take a few days to transfer the name but also tell them you are doing this and use their address as listed on the agreement). You can notify the DVLA online at https://www.gov.uk/sold-bought-vehicle

If the DVLA do pick up the vehicle as not registered (and there are some dodgy people who will go and remove it from a drive claiming to be on a public highway) they will go after the registered keeper so you want to absolve any chance of you being liable or pursued by them.

Hi Rob,

Quick clarifying question on the SORN process if I may.

If I've switched registered keeper details to CMF before SORN, then does it matter if the vehicle is parked on a public road? I'd no longer be the registered keeper, or the owner so wouldn't all liability rest with CMF?

It's only my last resort option really in case they mess around with collecting the vehicle. My plan is to give them until the end of this week to have contacted me regarding collection otherwise I will send letter as you recommended above stating that as of Friday next week the vehicle will have been transferred in to their name, insurance and tax canceled and SORN'd.

[R0b]

Re: VT with Close Motor Finance

I always suggest you should be seen to be reasonable and not too aggressive. You can decide to leave it on a public road if you change the name to CMF but you should also be reasonable and tell them what you are going to do and give them a reasonable opportunity to respond. Generally a 14 day window is considered a reasonable amount of time but sometimes longer depending on the facts. The longer they have taken to respond already to your request for collection then 14 days is likely to be a reasonable amount of time to arrange someone to collect.

Otherwise I would keep it on your driveway and instead you could send a letter or email along the lines of the below. The below is a template which the law allows you to sell goods which have been abandoned. If you know who the owner is and you give them adequate time to recover the goods but fail to do so, you can then sell them but you must account for the proceeds and returned to the owner, less any costs involved.

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

Dear Sir or Madam,

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 a trespass. In particular, following my notice to terminate the agreement, a reasonable time was given time to collect the vehicle yet regrettably, this appears to have been ignored.

In accordance with section 12 of the above Act, this letter is intended to give notice that unless the vehicle is collected by [14 DAYS FROM DATE OF LETTER] 2017, 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 vehicle being sold. I am lawfully entitled to deduct any costs associated with the sale of the vehicle including storage costs, 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 removed and 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.

The vehicle 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].

[woodbane]

Re: VT with Close Motor Finance

Excellent - many thanks Rob. I did say 14 days in the original VT letter which will be next Friday.

I may need to SORN and cancel insurance on it before then due to the NCD proof needed for my current insurance that I already mentioned above, but that can wait until toward the end of next week. I'll do the V5 transfer of ownership at the same time if it comes to that. I'd write to them and inform them of my intent to do so saying that by Friday next week it would no longer be insured, be SORN'd and V5 transferred but kept on my driveway awaiting collection. Then follow up with your letter if nothing happens in another week after that?

It's early days yet - I'm just making sure I've got the information and know-how to pursue whichever avenue is most appropriate as time progresses.

Again - many thanks for your valued input.

[R0b]

Re: VT with Close Motor Finance

There's a number of ways you could go about it really, if you opt for removing the car from your drive then I would also mention the fact that the car no longer has permission to be on your drive and continued delay will constitute a trespass but nonetheless if they don't respond to collect before X date then you will remove it from your drive and park it on a public highway and name the street it is on - any liability resulting from a non-taxed or non-insured car will fall to them not you.

They might argue that you have caused a trespass yourself by moving the goods when permission was not given by them but in law, it is a defence to merely move the car from one place to another without damaging it - so be sure to take photos again if it is moved to show the condition at the time.

[DrSteve]

Re: VT with Close Motor Finance

I had my VT car for a month after I picked up my new car. Insurance company let my keep the VT car insured as a temporary vehicle on the policy for 28 days. Didn't cost very much to do it and I had the piece of mind that if anything happened to the car it was covered. In fact with the GAP policy I would have been quids in if the car had suddenly exploded on the drive (which it didn't).

[woodbane]

Re: VT with Close Motor Finance

Update:

Received call from a company called Aston Berkley acting on behalf of Close Motor Finance - they are coming to collect the car tomorrow morning. Not overly convenient as I work but luckily I have enough flexibility in my job role to allow for me to change my day round a bit and be home tomorrow morning. On the plus side, it means the vehicle will be gone.

I also received the email from CMF stating quite clearly that I have met the 50% mark on the agreement, in fact I'm £200 over but I'd rather have it that way so there's no quibble about not having paid enough.

Will buy a paper in the morning and take lots of photos before they get here. Got a bundle for them with all paperwork (I've kept copies of all service records and of service book), keys etc.

Regarding the photos - has anyone got an example of how best to get paper with date in every shot, I'm finding it hard to imagine how to do it and capture the condition of the vehicle accurately?

I'll print out the one pager you've suggested Rob for the collecting agent to sign (if they will) and I certainly wont be signing any of their papers. I trust they are obliged to leave me a copy of the inspection they do even if I don't sign it?

[R0b]

Re: VT with Close Motor Finance

Good idea to keep all copies, just in case they suggest something that wasn't there when it was.

Buying a newspaper is fine if you like, not done it myself but could imagine you looking quite awkward doing it so I presume just hold it close to the car and take the photo. An alternative is using an app on your phone which will time stamp the photos. I have used the following apps before:

iPhone
Photo Time Stamp: (https://itunes.apple.com/gb/app/phot...982149783?mt=8
very easy to use and can change the settings to show the date and time as well as how big the time stamp should be.

Android
Camera Timestamp Free: https://play.google.com/store/apps/d...trial&hl=en_GB
Again settings can be changed according to your preference and where the date and time should be placed on the photo.

Personally, there is no real need to time stamp photos because there is EXIF data which is hidden within the photo when it is taken to show the date, time and if you use an iphone, the location of where the photo was taken (not sure about android) as well as the type of phone used to take the picture and other geeky information. Again, because us debtors have to bend over backwards to prove ourselves, it is much simper to ensure the photos are time stamped or take a photo with a newspaper to avoid any doubt.

As for the report, if he doesn't give you it by all means ask for it and challenge him if he doesn't you ought to be entitled to a copy of the report. Perhaps don't hand the keys over until he does, although might be difficult if he is using a PDA device.

p.s. make sure the font colour of the timestamp does not conflict with the background so it is not easily read e.g. white on white.

[woodbane]

Re: VT with Close Motor Finance

Ah, I'm glad you bought up about time stamping of photos as that was my original intent but then I wondered if they could allege you've somehow 'fiddled the date and time'.

However, your point regarding EXIF data is very true and I don't believe this can be edited or if so, it's not very simple to do.

Seeing as I think I'm going to feel a bit of an idiot trying to get a newspaper in all the pictures, I shall download the app you've suggested on my iPhone and also be confident in the knowledge the photos are all EXIF stamped.

I did just re-read the email from CMF and unfortunately it doesn't state the registration or agreement number for the car - just states 1.6 Ford Focus.

However, given it's clearly addressed to me and sent to my personal email, refers to the make and general model of the vehicle I'm going to say it would stand up as being obviously in relation to the agreement with CMF. Besides, I think they will just see me as being unnecessarily annoying if I request another version with the details added and I feel I'm safer leaving it as is.

[R0b]

Re: VT with Close Motor Finance

Probably the easiest using your iphone yes, perhaps there is an argument that the timestamps have been fiddled but ultimately you could say the same about CMF's photos if they produce any. Another person on here made a complaint to the Ombudsman and they wouldn't accept the photo because it wasn't timestamped - very pedantic of them to make consumers jump through hoops or put hurdles in our way each time is very annoying.

Anyway I am sure tomorrow will be fine, try and get the one page acknowledgement signed and at least you can rely on it and complain to the Ombudsman and get their take on it, although wouldn't hold out much hope!

[woodbane]

Re: VT with Close Motor Finance

Cheers Rob - I'll let you know how it goes.

[woodbane]

Re: VT with Close Motor Finance

Update:

Whew - what a morning that turned in to!

Not only was the car due to be collected today, we discovered we had a water leak just after breakfast - water running down the walls, sodden carpet upstairs. Literally had happened between getting up and breakfast.

Luckily plumber came around fast and traced the issue to a damaged flexi pipe in the wall right behind the newly fitted heated towel rail in the en suite (plumbed in by the same plumber, we called him first). He was quick to react and we got the system drained fast and averted major disaster. What a wonderful start to the day!

Collection company is called ASTON BARCLAY in case anyone is interested, they said they do most of the Close Motor Finance jobs.

They arrived about half and hour late and there were 4 guys that all piled out of their van, I guess they go on to subsequent jobs, dropping a driver off at each one to return to base (Chelmsford, Essex).

I had already taken all my photos of the vehicle and had all the paperwork ready for them. They had one guy that was doing the main inspecting and he was taking photos of the vehicle using a tablet which he was also writing notes on. He said he could only find two things; some slight cracks in the top clear coat on the rear bumper (which was already there when I bought the vehicle AND the light has to catch it just right for you to even see it), and a chip in the drivers door.

I refused to sign anything of theirs (the guy using the tablet wanted me to sign a box on the screen and the driver wanted me to sign what I assume was a collection notice) but they DID sign my 'Acknowledgement of Receipt' form that I knocked up as per your suggestion above Rob. I was quite surprised they did actually and they didn't make too big a deal about me not signing any of their stuff.

I even asked the guy doing the inspection if he felt the vehicle was in a reasonable condition for age/mileage and he said "definitely, it's in really good nick".

They didn't have a clue about the details I should fill in for the V5 and wouldn't sign the yellow V5/3 so I'll just do it online tomorrow and put CMF as the new keeper.

So, that's it so far. It will remain to be seen if I get a bill at some point in the future but at least I've got the signed document stating they agree the vehicle is in reasonable condition.

HUGE thanks for the advice received and surprisingly it's all happened nice and quickly and so far, so smooth. Fingers crossed that'll be the end of it.

[R0b]

Re: VT with Close Motor Finance

Sometimes everything can go very well other times it won't (perhaps because of the lender's strict rules) at least its done now and you will just need to wait and see what happens.

Did you manage to include in the acknowledgement about the car being in a reasonable condition?

[woodbane]

Re: VT with Close Motor Finance

Sometimes everything can go very well other times it won't (perhaps because of the lender's strict rules) at least its done now and you will just need to wait and see what happens.

Did you manage to include in the acknowledgement about the car being in a reasonable condition?

Absolutely Rob, see attached file.

[R0b]

Re: VT with Close Motor Finance

Very good, I can't see how they can now claim that the car was not returned in an unreasonable condition but no doubt they will. I'll predict that they may say (which some lenders do) is that the car requires two inspections and it is only the second inspection that really counts! Of course it doesn't and if the first person deems it in a reasonable condition then that's all that should matter.

Time to wait for now though, keep us updated.

[woodbane]

Re: VT with Close Motor Finance

Will do, and really huge thanks again - I'm so glad I came across this forum - you are doing a really wonderful thing here.