Hello

[Mossfinn]

Hi, just like to say hello as I’ve just registered. My daughter is being hounded by solicitors for VW Finance and I’m trying to help her and I am finding this forum and site an invaluable source of help. Rather than posting straight away, I will try to find out what I need from previous postings but don’t be surprised if I post for help when I get confused.

[Amethyst]

Welcome xxx feel free to post if you're not sure of anything.

[R0b]

Welcome,

Your starting point should be to look at the VT guide (link here) which I am in the process of updating and also the VT template letters (link here) and I've also just recently updated a template response letter to excess mileage charges which might be of assistance to you but there is also letters regarding other costs or charges such as vehicle damage that could also help your daughter.

It might be helpful to let us know who the solicitors are and what exactly are the charges they are seeking to claim from your daughter.

[Mossfinn]

Welcome,

Your starting point should be to look at the VT guide (link here) which I am in the process of updating and also the VT template letters (link here) and I've also just recently updated a template response letter to excess mileage charges which might be of assistance to you but there is also letters regarding other costs or charges such as vehicle damage that could also help your daughter.

It might be helpful to let us know who the solicitors are and what exactly are the charges they are seeking to claim from your daughter.

Hi Rob and thank you for your reply.
I live from distance from my daughter and we are communicating by e mail and as she had just arrived home after spending 5 days in hospital with her ill baby so details are few. A letter arrived from Blake Morgan saying they act on behalf of VW Finance demanding she pays £2300 within 14 days giving their bank details and threatening further action. No explanation of what capacity they act in or breakdown in costs and their letterhead gives no indication of who they are.

I have sent sent a letter on her behalf asking them to clarify who they are, in what capacity they are acting and provide evidence they have the right to act on VW finances behalf along with a breakdown of the figures relating to their demand. Once this is received, we will respond.

‘With all the scams that go on, I think we have the right to demand proof of who we are dealing with as we have never dealt with them before.

I will advise on receipt of a reply.

‘’Many thanks.

[R0b]

Well Blake Morgan are a firm of solicitors based in the south so I know who they, but of course I can understand why you might want to question them. It would be useful to see a copy of that letter (personal info redacted) so we can see its contents. For starters, if they are demanding payment within 14 days or they will commence legal proceedings, then that falls foul of the Pre-Action Protocols for Debt Claims and VWFS would be subject to sanctions for failing to comply with them.

Presumably your daughter might have an idea of what the debt relates to? The first thing that springs to mind in that figure is excess mileage charges or perhaps a combination of that plus vehicle damage costs. Either way, it would be helpful to get all information upfront so your daughter knows how to act.

Given the sums involved, there's a fair chance that VWFS might take their chances and pursue the alleged debt if they feel it is commercially viable.

Also just to point out, ironic as it may seem, you've sent a letter to Blake Morgan questioning their capacity and status but if you've not given them a signed form of authority by your daughter along with the letter, why should they take your word that your acting on behalf of your daughter?

[Mossfinn]

Well Blake Morgan are a firm of solicitors based in the south so I know who they, but of course I can understand why you might want to question them. It would be useful to see a copy of that letter (personal info redacted) so we can see its contents. For starters, if they are demanding payment within 14 days or they will commence legal proceedings, then that falls foul of the Pre-Action Protocols for Debt Claims and VWFS would be subject to sanctions for failing to comply with them.

Presumably your daughter might have an idea of what the debt relates to? The first thing that springs to mind in that figure is excess mileage charges or perhaps a combination of that plus vehicle damage costs. Either way, it would be helpful to get all information upfront so your daughter knows how to act.

Given the sums involved, there's a fair chance that VWFS might take their chances and pursue the alleged debt if they feel it is commercially viable.

Also just to point out, ironic as it may seem, you've sent a letter to Blake Morgan questioning their capacity and status but if you've not given them a signed form of authority by your daughter along with the letter, why should they take your word that your acting on behalf of your daughter?

Rob, the sum relates mainly to excess mileage. VW has written to her previously but no mention was made on this letter. I found out who they are by googling but again, no mention in their letter.

Our argument arises from the fact the contract was structured in such a way that the 50% cut off point for VT didn’t arrive until about month 34 and despite continually checking from month 24, at no point was the car worth anything near to the final payment. Even if she had waited until the end of the contract, the car was worth less than the final payment. When she handed the car over, she signed a form saying she was liable for about £300 wear and tear and only afterwards received the demand from VWF.

i am happy to up load a copy of the letter but unsure of how to. Btw, I emailed the letter for Blake Morgan to my daughter who downloaded and sent it so no need for letter of authority.

Thanks.

[Amethyst]

Should be instructions to upload in my signature below - otherwise if the file is too big etc feel free to email it to me to post for you admin@legalbeagles.info