VT with Private & Commercial Finance

[Flirble]

I am VT'ing an agreement with Private and Commercial Finance - it's HP and I've sent the termination notice, I have had a letter back from them today which states the following:

'“You have the right to end this agreement as set out in the section headed TERMINATION YOUR RIGHTS.You must then at your own expense return the Goods to us at such an address as we reasonably specify,
together with the registration document, keys, road fund licence, service history and test certificate in the case of a motor vehicle. If you have failed to take reasonable care of the Goods you must pay to us on
demand a sum equal to the cost of putting them in a reasonable condition”.'

I believe I actually have no 'legal' obligation to return the vehicle at my cost, I have no problem giving them keys, V5, service history, of course there is no road fund licence the vehicl is SORN right now as I haven't used it for 3months. It currently has no MOT in force (expired back in March) but as it's off the road I don't believe I MUST have one in place either.

I'd like some confirmation of my understanding - as their clause seems at odds with the CCA itself.

Thanks
Stephen

[Kati]

Re: VT with Private & Commercial Finance

tagging [MENTION=71570]R0b[/MENTION] for help xx

[R0b]

Re: VT with Private & Commercial Finance

Hello, not obtaining a valid MOT is up to you but it does help to show the car was in a reasonable condition. That being said if it is a term of the contract that an MOT is required but you don't then you wouldn't be liable because of the 50% liability rule, however do expect them to chase you for it so you need to decide what you want to do.

Perhaps take a look at the link below for guidance

http://www.legalbeagles.info/forums/...on-Your-rights

[Flirble]

Re: VT with Private & Commercial Finance

Hello, not obtaining a valid MOT is up to you but it does help to show the car was in a reasonable condition. That being said if it is a term of the contract that an MOT is required but you don't then you wouldn't be liable because of the 50% liability rule, however do expect them to chase you for it so you need to decide what you want to do.

Perhaps take a look at the link below for guidance

http://www.legalbeagles.info/forums/...on-Your-rights

The agreement doesn't say I must have one, I do have service history for the vehicle though LOTS of service history dating from the point of the vehicle being imported back in 2007 (I didn't import it I only bought it last March 2016)

From your link it appears that we are in agreement that there assertion that I have to deliver the vehicle to them is actually not the case, as it conflicts with the CCA and also any charge for collection would be in conflict with the CCA.

They have also included a form that they are saying I must sign, I of course will not be signing any such form as I'm not required to.

Thanks
Stephen

[Flirble]

VT with Billing Finance

I need some advice regarding a VT that I initiated on the 17th May 2017 with Billing Finance.

I have emailed the standard VT letter, and sent via Royal Mail Recorded Delivery.

I have confirmation the letter has been delivered, I also sent the email copy to several Billing Finance contact email addresses. I provided 14days for them to collect the vehicle and requested all correspondence be in writing via letter or email (providing a valid email address for them to contact me of course)

As of yet (2nd June) I have had no response from Billing Finance, not one little noise - I did cancel my direct debit and recieved a 'missed payment' email from them though but NOTHING regarding my VT.

I have also emailed them 2 days ago, reminding them that the 14days I have provided for them to collect the vehicle are about to expire and that I have heard nothing from them, additionally telling them that as of June 7th the vehicle will not be insured or taxed and that I will be informing the DVLA that the vehicle is now in there ownership/registered keeper and I will retain no liability beyond this date.

I have also emailed them to inform them I intend to levy a charge of £10 per day beyond June 7th that they leave the vehicle with me.

I am concerned that I'm simply getting no response whatsoever, literally nothing at all from them.

Do I have cause to go to the Financial Ombudsman? what do I do next?

[Flirble]

Re: VT with Private & Commercial Finance

well manheim are booked for tuesday 6th June to come inspect and collect the vehicle - yay - I did in the end have it MOTd which the vehicle passed with no issues whatsoever...

[R0b]

Re: VT with Private & Commercial Finance

So to clarify, you have now arranged for the car to be collected yes?

[Flirble]

Re: VT with Private & Commercial Finance

yup all sorted in the end

[majorlook]

Re: VT with Private & Commercial Finance

Hi,

Sorry to dig up and old thread but I'm looking to VT with private and commercial later on this month, how did it go in the end? I hear all the stories about them trying to charge people huge amounts for damage to the vehicles paintwork, stone chips etc... also if you've got another finance vehicle since, did the VT affect it?

Thanks in advance!