my VT experience

[karlfr]

so i have started the process of VT yesterday (monday 22nd may)

Im doping it on behalf of my wife. And its with close brothers motor finance.

She has had the car 3 years in march and had a letter in feb and it showed we were past the 50% mark. So after reading a lot of posts on here over the last couple of months and hearing my car gets delivered this week i started by emailing them stating we wanted to start the VT and also attached a letter that i got form this forum.

I phoned them this morning as my wife had a voicemail saying to call them yesterday (she decided not to let me know until about 7pm)

So my phone call went pretty smooth. The women was very helpful and stated we have payed more then 50% so are not liable for any more. She also explained there idea of 'reasonable condition' which sounded about right, no stains on the seats, mileage was ok for age of car etc.

She said someone would be in touch to inspect and collect soon. She did mention about signing but i ignored that part as i didnt want to get off on the wrong foot.

I said i was off work next week if it makes it easier to collect and she said she wouldn't know as there is a lot of paper work to do there end. I mentioned that the email said to arrange collection in the next 14 days and she said she couldn't promise that. again i didn't get in to too much as i wanted to just let them carry on.

So i will wait for the next call and keep this post informed

[R0b]

Re: my VT experience

Let us know how you get on

As always, the starting point should be here for any questions ->http://www.legalbeagles.info/forums/...on-Your-rights

I am in the process of updating it amongst doing other things as there is much more I can add in light of various reports of lenders tactics/activities that can be easily addressed.

[karlfr]

Re: my VT experience

UPDATE:

so the timeline is

email to start VT: 22nd may (using template from here stating 14 days to collect)
confirmation of VT: 23rd may
inspect & collected car: 7th june (16 days after informing of VT)

i received a letter yesterday from CMF stating that we owed them money (its the amount equal to a monthly payment). They say we are in breach of agreement and that basically we owe them another months money. The payment went out on the 1st of each month and we cancelled it mid month after being told we had gone over the 50% point so we then cancelled the payment due on 1st june.

the letter is dated 11th june

am i right in thinking they are trying there luck?

[R0b]

Re: my VT experience

Yes they would seem to be trying their luck, though if you resist it they might actually put a default marker on your file so it would be prudent to keep an eye on that over the next couple of months. If they do apply a default notice then you might have grounds for bringing a claim for breach of data protection.

[karlfr]

Re: my VT experience

Yes they would seem to be trying their luck, though if you resist it they might actually put a default marker on your file so it would be prudent to keep an eye on that over the next couple of months. If they do apply a default notice then you might have grounds for bringing a claim for breach of data protection.

what should my next move be? should i email them?

[R0b]

Re: my VT experience

Well, you only have two moves which is either to pay up or refute their claim for the instalment. The default notice is irrelevant anyway because the agreement has already terminated and they can only be sent before termination.

I suspect that it might be an automated letter triggered on your account but they should nevertheless rectify it. If you want to refute it then you should send them a response as opposed to leaving it but it is up to you - I might have something I've used previously against Santander where they put a default on my credit report so I'll see if I can find it later and you could use that as your starting point

[karlfr]

Re: my VT experience

Well, you only have two moves which is either to pay up or refute their claim for the instalment. The default notice is irrelevant anyway because the agreement has already terminated and they can only be sent before termination.

I suspect that it might be an automated letter triggered on your account but they should nevertheless rectify it. If you want to refute it then you should send them a response as opposed to leaving it but it is up to you - I might have something I've used previously against Santander where they put a default on my credit report so I'll see if I can find it later and you could use that as your starting point

ok that would be great thank you

[R0b]

Re: my VT experience

Here's an example you could use to assist you.

------------------------

Dear Sir or Madam,

Re: Voluntary termination of the Hire Purchase Agreement dated [date]

I am writing in connection with the above agreement and in particular, the fact that I have received a default notice dated [date] alleging that I owe [amount].

I would like to remind you that in a letter dated [date], I notified you of my right to terminate the agreement under section 99 of the Consumer Credit Act 1974 and which termination would be effective immediately. Prior to termination all payments were up to date and there were no outstanding instalments and, once termination has been effected, I am no longer liable to pay any future instalments.

You will therefore understand my confusion as to why I have now received a default notice stating that I owe [amount] considering that the default notice is not legally valid due to the agreement terminating prior to this date (and for the reasons above as to why I do not owe any further instalments).

Please you could you explain with detailed reasons, why I have received this default notice or, if it was sent in error, confirm that the amount stated is not applicable and that no further default notices will be sent.

Faithfully,

[Name]

[karlfr]

Re: my VT experience

that is great. thank you for that. i will email and let you know how i get on