Voluntary Termination Startline Motor Finance

[Jken7806]

Hi all,

I’ve recently started the VT process with Startline! I requested a callback from Startline after sending an email to VT and hearing nothing for a week. The lady on the phone explained I still owed £150 to bring me up to the 50% mark. She told me that in 2017 I had a default when I had insufficient funds on my payment date. I paid the next day and incurred a £25 charge. Upon explaining things to me briefly she kept stating “Voluntary Surrender” and the terms of this. I told her I’d call back later to pay the excess. When I phoned again I spoke to someone else and all pretty straight forward. The man I spoke to was very nice, explained the VT thoroughly and told me he’d send me out paperwork to sign and return, (which I won’t be). Now I’m extremely confused, does the default in 2017 mean I cannot VT and will be left with the remaining balance on the car when they sell it, and a mark on my credit report? Or would the second person have picked up on the default if it was an issue? I have called back a third time to ask whether it was VT or VS and the girl seemed to be pretty clueless and said “no it looks fine, the VT process is underway”. I’m just now scared to go ahead and they end up shafting me after the car is gone! Any advice would be appreciated! Thanks

[R0b]

Morning,

So have you checked your credit file to see what it says?

Have you received a default notice from Startline and failed to pay it withing the required period? If yes, then it is likely that the agreemeagrhas terminated but if not, the woman you were talking to is likely to have been lying to you. Voluntary surrender is not the same thing as voluntary termination.

If you are confideconthat the agreement hasnt terminated then you should submit a formal complaint to startline asking why it has not accepted your notice of termination and why the person you had spoke to said that you has to VS rather than VT.

Sub-prime lenders are great at lying and trying to get you to do something that has unintended consequences which in my view is contrary to the FCA principles and possibly other legislation too.

You could, if you wanted to, go one step further and instead of a formal complaint you could write to startline and tell them that unless they confirm by email of their acceptance of your termination letter, their refusal to process the termination by 4pm 7 days from the date of your letter, then you consider them to be in repudiatory breach and so you will accept their breach and terminate the agreement effective immediately.

The result of any repudiatory breach means that you are discharged from all liabilities under the agreement and that you can seek compensation as a result. The general rule for breach of contract is to put the party in the position had the contract been performed. In other words you could argue ownership of the car given that if the contract was properly performed, you would own the car or you could seek the ampunt equalling the option to purchase price.

we need to start fighting back against lenders who think it's ok to refuse a fundamental right under the CCA and one of them will eventually get their fingers burnt by trying to be too clever. I'm fairly certain it's not a training issue for some customer service advisors but rather a policy of certain lenders to put pressure on debtors in ways that you have experienced.

if you need any help with your response whichever option you take, post up a draft and will feedback

[Jken7806]

Thanks R0b! I have checked my credit file and there are no defaulted payments recorded regarding Startline.
I intend to telephone them today to ask for an email accepting my VT as I have only had a verbal. If they are reluctant I will throw in the breach of contract for good measure, or would this be better being emailed/hand written? I feel like they drag their heels with emails and just ignore them.

[R0b]

You are better off keeping written records moving forward as evidence. Easy to say something was said verbally and whilst their calls might be recorded, there's no guarantee that you'll get the recording. If you have to call them (which you are not obliged) you should look to recording the call yourself using a call recording app on your phone or some other means. Make sure to test any call recording app before using it though!

Any conversation you have with them on the phone should ideally be followed up in writing to confirm what was discussed. That way, if they try to dispute what was said some months down the line, you can point to your email say that they never disputed it or raised an issue at the time.

[Jken7806]

Thank you this is all very helpful! Could you give some suggestions as to what should be included in the email?

[Jken7806]

I have just received the following email from Startline.

Dear Miss Kennedy



Thank you for your email dated 5th February 2019. In response, I can confirm we are in receipt of £153.00 card payment dated 5th February 2019, which is the outstanding 50% remaining to Voluntary Terminate the above agreement.



The Voluntary Termination form has been requested which will follow by post. Could you please complete and return at your earliest convenience.



Kind Regards



Service & Administration Team



So am I safe to assume they have accepted my VT? I will await the documents then inform them by email that I won’t be signing them. I will then urge them to book the delivery of the vehicle (which I am happy to do) and send written evidence confirming this.

I have used a helpful check-list on this forum as to what I should do before the car leaves. I.e - photographic evidence, returning car clean etc.

Upon delivery of the car to Manheim, am I able to be there for the inspection and also ask for a copy of their findings?


Thanks