PCP Termination terms and conditions clash

[Jakebond93]

Hi Rob,

I have read through your guide for terminating a pcp contract. However there is something which I cannot find.

In the terms and conditions of the agreement I signed, it states I must deliver goods myself, and pay for storage, selling, delivery admin costs they incurre. Here are the terms and conditions of the agreement schedule I signed. So do I have to pay for these as I signed up to this? If not, how would I word disagreeing with them? The wording is below. Thank you.


8. Termination
8.1.2 You must return the goods to such address as we specify, together with any registration document, tax disc, MOT ceretificate and any other documents of title.
8.1.3 You must pay us forthwith:
a. All repayments which are in arrears and all other sums which have accrued
b. Damages for any breach of obligation by you prior to termination of this Agreement relating to maintaining the Goods in good and reasonable repair and condition; and
c. By way of compensation for loss and/or liquidated damages for breach of this agreement, the outstanding balance of the Total Amount Payable plus all expenses incurred by us in respect of storage, insurance, tracing and recovery of the Goods, less (i) the net proceeds of sale if the goods are repossessed and sold, within three moths of the date of termination, or if repossessed but not sold, their value at the expiration of the said period of three months as determined by the dealer appointed by us who deals in similar goods on the basis of sale to traders of the Goods and (II) on payment, any rebate charges to which you are entitled under the Consumer Credit Act 1974 plus our reasonable legal costs.

[jicholasnackson]

Re: PCP Termination terms and conditions clash

So what you have quoted there is what I like to term the contractual termination. You are not really interested in that as it comes with all those lovely conditions.

I would assume your question is about exercising your right to terminate the agreement under S99 of the CCA. If so, then look further down your contract and there should be a clause that is titled "Termination: Your Rights". That clause will say once you have paid half the total amount payable and taken reasonable care of the goods, you can hand the goods back with nothing further to pay.

As delivery, storage, selling and other admins costs do not form part of your total amount payable on the contract, you are not liable for them.

[Jakebond93]

Re: PCP Termination terms and conditions clash

So as long as I use the template letter/communication on the other information thread and quote S99, etc, the Termination clause (8 in my contract) does not apply. If I terminate without mentioning this, or in this S99 manner they may charge? That's what it sounds like.

So I need to make sure the car is in as best condition as possible.

I believe, unfortunately, no fault of my own (other drivers) the car has a minor dent above both front wheel arches - I take it these will be payable as notnormal wear and tear?

[Jakebond93]

Re: PCP Termination terms and conditions clash

Another question, (sorry), currently I have paid around 48%, in 2 weeks when the next installment comes out, I would have paid around 52% - I only wish to pay the bear minimum - 50% - if I send the letter in now and terminate the contract, cancel the standing order, do I have to make sure the remaining payment reaches them before when the next installment was due? I do not have any bank details of theirs if so. I'd just like to get this right as I'd like to stop spending the little money I have anyway!

Thanks

[Jakebond93]

Re: PCP Termination terms and conditions clash

[MENTION=71570]R0b[/MENTION] could you give me or thoughts on this please thread please. Thank you.

Another question, (sorry), currently I have paid around 48%, in 2 weeks when the next installment comes out, I would have paid around 52% - I only wish to pay the bear minimum - 50% - if I send the letter in now and terminate the contract, cancel the standing order, do I have to make sure the remaining payment reaches them before when the next installment was due? I do not have any bank details of theirs if so. I'd just like to get this right as I'd like to stop spending the little money I have anyway!

Thanks

[R0b]

Re: PCP Termination terms and conditions clash

Hi Jake,

I'll take a look at this some point today, I have a few other things i need to respond to first.

[R0b]

Re: PCP Termination terms and conditions clash

In the terms and conditions of the agreement I signed, it states I must deliver goods myself, and pay for storage, selling, delivery admin costs they incurre. Here are the terms and conditions of the agreement schedule I signed. So do I have to pay for these as I signed up to this? If not, how would I word disagreeing with them? The wording is below. Thank you.

I've already provided an example letter in the guide at the bottom regarding collection charges, the same would apply to other charges. I would suggest you read the section on the Law relating to Voluntary Termination, as I have highlighted the relevant sections of the legislation which explains what your liability will be.

Also the clause you have copied and pasted begins with 8.1.2 so what does clause 8.1 and 8.1.1 say?

[Jakebond93]

Re: PCP Termination terms and conditions clash

[MENTION=71570]R0b[/MENTION] Great - thank you, I shall have a read.

8.1 On termination of this agreement:
8.1.1 your right to possession of the goods immediately terminates, you will no longer have possession of the Goods worth our consent and we may, subject to "Repossession: Your rights" overleaf, retake possession of the goods.

I've already provided an example letter in the guide at the bottom regarding collection charges, the same would apply to other charges. I would suggest you read the section on the Law relating to Voluntary Termination, as I have highlighted the relevant sections of the legislation which explains what your liability will be.

Also the clause you have copied and pasted begins with 8.1.2 so what does clause 8.1 and 8.1.1 say?

[R0b]

Re: PCP Termination terms and conditions clash

Well clearly those clauses are inconsistent with the limited liability under s.100 of the CCA so they wouldn't be enforceable against you as they are damages/compensation which is specifically excluded for the purposes of calculating your liability when you VT. It is wrong to assume all damages or compensation is recoverable.