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Volentery Termination Problem

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  • #16
    Re: Volentery Termination Problem

    only emails i have sent are

    1.. to ask for termination as can no longer afford monthly payments as per sample letters from this site
    2. proof of lose of income . over £180 per week by official letters
    3. stated that i am within my right to vt at anytime which they refused
    4. asking for where to return the car and have given specific date so they can arrange for someone at local depot as per instructions which i did yesterday
    5.. asking if i can make repayment of the outstanding £800 due to make it up o 50% rate .. offered £74 a month which will be the insurance rate i pay when i can cancel car insurance

    COPY OF MY LAST EMAIL I SENT YESTERDAY

    I can't make payment tomorrow as not got available in bank. Can return the Car on Monday to you as will have to arrange a lift back. This is why I been contacting you. . Only way I can get some spare money is to cancel insurance of £73 a month. We are in a predicament catch 22. I can then pay £75 a month to you but will still be in arrears obviously. I will continue to pay until we reach the half way mark and any other fees. I can pay the £75 a month from end July / August due to finances and insurance cancellation.

    While I still have the car I have to pay insurance and road tax as it on the road. Ideally i need the car gone to help so need an early VT.

    Please help


    i want to do all contact vie email or letters with them for referance as am not great on phone

    payment was due today and have not been able to make , What should i do now as i still have car and £267 a month oustanding starting from today..
    Last edited by Angh; 1st June 2017, 17:12:PM.

    Comment


    • #17
      Re: Volentery Termination Problem

      1.. to ask for termination as can no longer afford monthly payments as per sample letters from this site
      Asking for termination and giving notice of termination are two different things, if you haven't terminated the agreement then yes you are in breach of it right now. You must give notice in writing and explain you are terminating, you can't assume that by saying you want to request a termination is not the same as giving it. Though you have asked about returning the car, I would not say that it explicitly means that you've terminated.

      So, what I would suggest is that you post up any correspondence you have had with Richard at CLS Finance with your personal information taken out before I can suggest what to do next. Without that, I can't really help you.

      I also suggest you read this link too -> http://www.legalbeagles.info/forums/...nce-and-Issues
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #18
        Re: Volentery Termination Problem

        This was my original email also sent letter:

        29/05/2017


        Dear Sir / Madam,


        CLS Finance Ltd


        TERMINATION OF AGREEMENT PURSUANT TO S.99 1
        OF THE CONSUMER CREDIT ACT 1974


        Agreement number: xxx
        Registration: xxx


        I am writing to notify you that I wish to invoke my statutory right under section 99 of the Consumer Credit Act 1974
        and hereby give you notice that the agreement is terminated effective immediately from the date of this letter.


        This is due to being unable to continue to make full payment due to financial debts and loss of income
        Please confirm by return acknowledgement of this letter and to make arrangements for collection of the vehicle at no cost to myself.


        The condition of the car is noted as being in a reasonable condition for its age and photographic evidence has been taken in the event
        of any future dispute as to the condition of the vehicle.


        You will be aware that the Consumer Credit Act limits my liability to half of the total amount payable under the agreement
        but excludes any sum payable as a penalty, compensation or damages for a breach of the terms of the agreement.
        Such terms imposed are inconsistent with my rights under the Act and are therefore deemed void and unenforceable.


        The vehicle is now available for collection and I would be grateful if you could contact us via email (***) or by writing
        to arrange a suitable time within the next 7 days.


        When car has been returned to you, please tell me if I have anything more to pay.


        Yours faithfully,


        My name and address

        That is notice to terminate?

        Comment


        • #19
          Re: Volentery Termination Problem

          Ok so provided you emailed that before 4pm the agreement would have terminated on the 29 May otherwise it would have been 30 May. Is the car currently on a driveway or on the road? Are you being asked to drive the car some distance or locally? Are you prepared to drop it off locally or quite a distance further?
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #20
            Re: Volentery Termination Problem

            From where I picked car up locally 5 mins away. It is on main road as have no drive way. They will not budge on taking car back before payment made of the £799 to get to half way. As far as I can tell I am no longer in contract as terminated agreement. They are however stating I have to carry on paying as they will not stop or freeze. I sent financial assesment back they are expecting us to live on £10 a month after bills. We are a family of 5. I have explained one of in comings is a DLA for child and should not be included in this as it is for a disabled child to help get him to appointments etc.

            Shall I leave it for a bit now and see what else arises.

            Comment


            • #21
              Re: Volentery Termination Problem

              UPDATE:

              Phoned finance company this morning and they asked me to take car back locally, signed a VT and that was it done. So now just making payment plans for what is owed up to 50%

              Thanks for all your help.

              Comment


              • #22
                Re: Volentery Termination Problem

                Originally posted by Angh View Post
                UPDATE:

                Phoned finance company this morning and they asked me to take car back locally, signed a VT and that was it done. So now just making payment plans for what is owed up to 50%

                Thanks for all your help.
                Hi can I just send them an email or does it need to be both email and letter ? Thanks

                - - - Updated - - -

                It works out that I will still owe 1500 in order to get to the 50% stage would they help me set up an affordable repayment plan up ?

                - - - Updated - - -

                It works out that I will still owe 1500 in order to get to the 50% stage would they help me set up an affordable repayment plan up ?

                Comment

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