Voluntary Termination PCP Issue

[sambfc]

Hi [MENTION=71570]R0b[/MENTION] / others

My fiancee has recently swapped her VW for an Audi and the Audi dealer requested that she did a VT on her VW rather than part-exchanging it as a way to get the deal over the line. She then rang VW, paid the VT figure and dropped the car off at Audi when she picked her new one up. We were obviously wary of comeback from her old car when it was to be collected from VW but they assured it they would sort it out for us. The only thing we knew would get flagged was the alloys and Audi promised to deal with them.

Anyway, VW have come to inspect and have come up with £300 worth of charges that Audi have disputed on our behalf. However we now have 2 issues:
1. Audi said there wouldn't be any issues as they'd inspected it when we took it in and the alloys would get sorted. Now, if the charges stand legally is she liable for them? I'll be annoyed with Audi if so.
2. She paid the VT figure to VW before swapping her car but they are now continuing to take monthly payments from her account even though she doesn't have the car any more, they've said this will continue until the dispute is over (expected 8 weeks). So she has had to pay the figure and is still paying the monthly payments, in addition to her new car payments. This can't be right can it?

Any advice would be greatly appreciated.

Sam

[R0b]

Re: Voluntary Termination PCP Issue

Well if Audi have said it should be fine and you relied on their advice then you would have a right to claim against them. What have Audi said so far about it? Are they willing to pay those charges themselves if this doesn't go away or affects your partner? Either way I think you could recover the amount through them but you may end up having to go to court if its not sorted.

Why is she letting them take the payments why did she not cancel her DD?

She has two choices on the additional instalments, cancel the direct debit now or let them take the payments and have a much harder time getting the money back. Once the agreement has terminated they have no right to continue taking the instalments - it has been terminated so there is no further obligation to pay. Technically, its theft but lets not get into that and keep it simple. VW might argue otherwise but I can't see what they have to argue about, they can't use the direct debit which was specifically for the monthly instalments and use that to offset any alleged damages, as thats theft/fraud as I mentioned above. They would need to bring a case to court to recover that amount.

I'm assuming payments are made by direct debit so if she wants her money back she needs to contact the bank and tell them that VW have taken unauthorised payments under the direct debit as the agreement is terminated and that she wants a full refund of any and all of those unauthorised payments and for them to cancel the direct debit too. The bank may or may not fob her off and say she needs to speak to VW but that is not true. The bank is legally obliged to give her the refund but if they are being arsy about it or refusing to refund, ask to speak to a manager and/or take that person's details. If they are still refusing then tell them you will need to put in a complaint.

Word of warning though, if she is looking to use the DD scheme, don't go in all guns blazing or she will get exactly the same treatment and they will not be likely to help her. More info on the DD scheme below

https://www.directdebit.co.uk/Direct...guarantee.aspx

[sambfc]

Re: Voluntary Termination PCP Issue

Audi are disputing the claims currently for us but have been very non-committal either way and I'm suspicious of them, albeit no evidence and we will have to wait and see when the dispute is settled.

I've advised her to ring her bank now and do as you say, it didn't seem right to me at all that she'd cancelled but was still being forced to pay. She didn't think she would need to cancel the DD so that's probably naivety on our part.

Thanks for the advice greatly appreciated.