Help with HP

[PiperGraham]

Hello, newby here.
I'm having major issues trying to carry out a Voluntary Termination on my car. I've paid over the amount as per the contract however, I haven't returned documents to them (which I didn't know had to be signed and returned). It was only on contacting the auction site that I found out they've to be returned. Called the lender and they're now saying they're marking me as having a missed payment! It states in the consumer credit act and my agreement that I only have to notify them in writing of my wishes to carry out a VT so I'm therefore assuming they can't hold me to these forms as they're not mentioned anywhere. FCA have advised this however have been of no further help so I'm really stuck now. I don't want my credit file ruined but as far as I'm concerned, I've done everything that's been asked of me. Where do I go from here?

[R0b]

Hello

Who is the finance company? You need to put in a complaint, ask for compensation and them to remove all adverse entries from your file. If they refuse, then take to the Financial Ombudsman. I would be very surprised that the FOS wouldn't uphold your complaint, as the right to VT is a statutory one and once its terminated thats the end. You shouldn't be penalised for not returning their forms.

You need to make your complaint to them clear and concise.

[PiperGraham]

Thanks for replying! It's Black Horse. They've been really awkward from the start, not sending forms out, rude on the phone and now this. Missed payment letter arrived today. There's nothing that states their process for VT, only to notify them in writing but they're insisting we sign their forms and because we didn't post them back within their timesdles, which they've kept a secret, they're saying we've missed a payment and have another one due this month! I've got a complain submitted but not heard anything as yet.

[R0b]

when did you submit a complaint? before or after the latest letter?

[PiperGraham]

Before but logged another one on Monday when they told us about the missing payment.

[R0b]

It's not necessary to log another complaint. Once you have issued a complaint, then they have 8 weeks to investigate and come to a final decision. If they don't respond by that date then you are free to take it to the Financial Ombudsman. How long ago did you send your first complaint, did you receive any acknowledgment from them? Was it by post or email or some other method?

[PiperGraham]

Hi,

Initial complaint about the lack of information and them no responding to the VT was logged on 4th October. They called us and advised they'd investage but nothing else since. Complaint was logged in writing at our end.

[PiperGraham]

Hi, just an update on this. Still waiting on the complaint outcome however, had to engage a solicitor.

[R0b]

Thanks for the update, wouldn't have thought it necessary to engage a solicitor at this stage but good luck and let us know the outcome.

[PiperGraham]

Solicitors letter worked with BH, they got in touch offering to pick the car up and gave us £100 compensation however, we’ve referred to the ombudsman. Just waiting on an outcome. BH didn’t even send their final response within the 8 week timeframe.

[R0b]

Thanks for the update, are you able to share what your solicitor had written or paraphrase that prompted BH to collect? Did they remove the markers from your credit file?