VWFS Appointed Themis Recoveries

[Andrew P]

Hi
If anyone can give me some advice on this I'd be grateful.

I VT my Audi using the templates here and have sent several copies of the letter back to them every time they have contacted me. Today I've received a letter from Themis Recoveries stating:

"Following our recent correspondence (never received) confirming that we have been instructed by VWFS to contact you due to non-payment, they have advised that the outstanding balance remains unpaid and an affordable repayment plan has not been agreed.

We will shortly discuss this matter with our client for a decision on future debt recovery action.

Our client wishes to avoid this and would welcome the opportunity to discuss an affordable repayment plan with you. Any decision on the next steps will be delayed for a period of 7 days from the date of this letter to allow you to contact VWFS during their opening hours, listed in the 'Hoe to Pay' section of this letter and arrange repayment of the overdue balance in line with your current financial circumstances.

If you feel you would benefit from free money advice, please refer to the independent organisations detailed on the reverse of this letter and make our client aware so they can give you the relevant time to engage with them. Additionally, if you have a query, it is important that you make our client aware so they can instruct us to hold your account whilst your case is investigated.

Feels like a veiled threat to start legal action and have just wondered what the position is on GDPR as they passed my contact details onto another party??

Thanks in advance, Andrew

[R0b]

So what does the non-payment relate to?

Breach of GDPR is a non-starter, they can rely on legitimate interest and probably the exemption to pursue you at present, until such time it goes to court or they drop it.

[Andrew P]

Hi Rob - Apologies for the delay in responding I've been off line for a while. The non-payment relates to the end of contract payment (excess mileage and 'damage') they are seeking following my VT of the agreement. Had followed all the templates advised here but in the last two weeks have received letters threatening debt recovery and legal action - have written to them twice stating i would now be contacting the ombudsman and have phoned this morning to re-state this action.

[Andrew P]

Audi have now written saying my details have been passed to an organisation called Blake Morgan

[R0b]

So you now need to be contacting the Ombudsman about this, no delaying otherwise it really is your own fault if you do. Blake Morgan are a firm of solicitors and seem to be relatively new in this game of chasing for excess mileage and/or vehicle damage.

Get your complaint in to the FOS, then when Blake Morgan start writing to you, your next step is to inform them that you have made a complaint to the FOS and everything should be put on hold pending the outcome of that decision.

Also Andrew and a small request from you, would you mind sending me a redacted version of your full agreement? I'd l don't think I have a recent copy of VW's terms and just wanted to review them.

[Andrew P]

Thanks Rob - Ill send a copy over of the agreement later today. I find it too coincidental that the letter from BM was sent on the same day as I called VWFS to confirm that I'd raised a case with the ombudsman, and found it bizarre that they would not acknowledge this unless contacted by them - even though i gave the case reference.

As the ombudsman state they can take up to 4 weeks to progress i would guess that my call has triggered their letter that includes a 14 day response time limit!!

[R0b]

I think it's reasonable for VWFS to assume unless told otherwise that the Ombudsman hasn't been involved but if you've given them a case reference number I would say that is sufficient for them to follow up and verify that is a valid reference with the FOS. Continuing to send demand letters when they have been put on notice (and knowing that the FOS is unerstaffed so it can take some time to get back) is unreasonable.


The 14 day period is a standard period of time to respond in litigation terms unless the matter is extremely complex so i wouldn't read anything into that. Simply put BM on notice that the mater is disputed, provide the case reference number to the FOS so they can't deny ever being told about it and seek confirmation that the matter will be put on hold pending the Ombudsman's decision.

If they refuse then I would also put them on notice that any commencement of legal proceedings will result in an application to stay proceedings (together with your costs on the basis of unreasonable conduct and refusing to agree to ADR without justification) until the FOS complaints procedure has been exhausted.

P.s. everything moving forward should be in writing for evidence purposes. If you need to call, record it.

[Andrew P]

Hi Rob- Apologies for the delay in getting back to you - please find a copy of the document attached.