Aggressive refusal for PCP VR by Audi

[Issue audi finance]

Hi @R0b

I am trying to VR my PCP with Audi finance. I used your standard template letter, thank you.

They are insisting that nothing will happen until I fill in their standard form and accept the implied additional terms and conditions. They are telling me that I will have to continue to tax and insure the vehicle until they collect it.

I have just spoken to a Lady who said that if I didn't fill in the forms and send it back then they would have to do a "...repossession, a hostile termination". This is some fairly provocative language! I have a recording of the call.

Can you give me any guidance on what you think I should do next?

Thank you

[R0b]

Re: Aggressive refusal for PCP VR by Audi

Hello,

There is no legal obligation for you to complete any of their standard forms nor are you obliged to accept the contents of it. Strictly speaking, the tax and insurance is a continuing obligation as part of the agreement but when you give your notice to VT your liability is limited to the extent set out under section 100. In other words, 50% of the total amount payable. Section 173 of the CCA says any clause which directly or indirectly imposes additional liability and which is contrary to the provisions of the CCA is void and unenforceable.

They can't terminate an agreement that has already been terminated by yourself having complied with section 99(1) but they can of course "repossess" the car but it won't have any legal implications for the reasons I have just stated.

Perhaps you may want to write to Audi with a formal complaint about their employee's behaviour and conduct. In particular, you might want to highlight the following:

1. There is no legal obligation under the Consumer Credit Act or any Regulations under it, requiring you sign their documentation upon giving notice of termination. If they believe otherwise then they should direct you to the relevant provisions.

2. Point out that as you terminated the agreement in accordance with section 99(1) of the CCA, your liability is automatically limited to 50% of the total amount payable. You are not required to continue insuring and taxing the car following termination irrespective of what the contract might state. Section 173 says that any contractual provision which imposes additional liability whether direct or indirect, is void and unenforceable.

3. That you recorded the call for your own purposes and confirms the employee's conduct which is nothing less than below standard. You also consider that it amounts to aggressive commercial practices contrary to the Consumer Protection from Unfair Trading Regulations 2013 and you are minding to report Audi to Trading Standards. Arguably, you might be able to suggest her behaviour amounts to intimidation and/or undue influence.

4. Notwithstanding the above, the car continues to remain in your possession and if they do not make arrangements to collect the car within a reasonable period of time (no less than 14 days) then you will exercise your right under the Torts (Interference with Goods) Act 1977 which allows you to lawfully dispose of the car in the event that you do not collect it having been notified and allowing a reasonable period of time to act upon such notice.

On the other hand, if the above is something you don't want to do then you can simply send a much shorter letter but expect a game of back and forth either way. Point number 4 is optional and you don't need to include it - though an example letter of this type of action is provided in the templates section (the last one). You would need to adapt it to suit your situation.

If you want any feedback prior to sending your response, post up a draft when you are ready.

[Issue audi finance]

Re: Aggressive refusal for PCP VR by Audi

Thank you very much indeed. This is very re-assuring. I will do as you suggest. I will update this thread once i have some news!