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Notification of Liability after VT with Close Brothers Motor Finance

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  • Notification of Liability after VT with Close Brothers Motor Finance

    Dear Learned Friends,
    I wish to get some advice on my current situation.
    I purchased a car using CB motor finance, During my time, my work situation changed so that my mileage significantly exceeded the agreed amount.

    I then decided to VT my agreement when i had paid over the 50% mark.

    This was started pretty much without incidence, having contacted the company over the phone and in writing.

    The car was inspected and some minor superficial damage was noted on the inspection - i stupidly signed the hand over document, but having scoured what i signed beforehand it was not clear at all that I would be in any way accepting liability - it was said to me that this was simply a case of a means of handing over the car and formulating a report - in hindsight I wish that i hadnt signed.
    Nonetheless, prior to inspection, I made a walk-around video of the car (inside and out) highlighting the excellent and clean condition of the car.
    I obviously received notification from CBMF stating that I owed them £3500+ for mileage and excess damage charges. Thankfully, i responded (electronically and in writing) with your excellent template regarding damage and mileage charges, claiming that the agreement had been terminated and that my liability had ended from that effective date, etc, etc.

    I heard nothing for a few weeks and then an overdue notice came in (claiming that i had missed a payment on the car). I called up the finance division and informed them that there was an ongoing dispute regarding the agreement and they insisted that i ignore the letter as it had been generated automatically - the person on the end of the phone could see that there was an open dispute on her computer system.

    A few more weeks have passed with no correspondence, and I have received a letter headed Notification of Liability and Transfer of Account. The letter states that the 'goods relating to that agreement have now been sold and that the sale proceeds have been credited to your account. Please find below your Notification of Liability'. It goes on to say that collection of my account has been transferred to a debt collection agency (Bluestone Credit Management) and they have given me a breakdown of what i apparently owe (£3700).

    Obviously, im a bit worried about this letter, but want to know how next to proceed. I think it a bit heavy handed, given that they have not contacted me at all in response to my previous letter.

    Could anyone please advise on what to do next? I was hoping to reply to them and reiterate what the first letter stated (ie; my rights and liability following voluntary termination), but would welcome all thoughts.

    Cheers

    Tags: None

  • #2
    R0b Any help please?

    Comment


    • #3
      Hello

      There isnt really any magic ingredient that will make this go away and really is only two options; either pay up or don't, it's as simple as that.

      There is a decision for excess mileage charges in the County Court in favour of the consumer but ultimately it depends on how far you are prepared to push it.

      If you are worried about going to court and losing then why dont you be proactive and save that amount up so you can at least have a crack at defending it but if not successful, thenyoull have the means to pay up immediately. Claims from start to finish can take as long as 6-8 months so theres at lease a chance of you saving a proportion of it.

      Never heard of blue stone credit management so I dont know what their strategstrategy you should definitely not ignore any letter before action if theres a threat of legal proceedings being commenced.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #4
        R0b Many thanks for your reply.
        Im going to defend their claims etc, as many people have done so in the past. Ill take on board your advice re: saving the cash up and see what happens if it gets to court.
        My first action will be to reply back to CBMF and ask them to set out their argument for why they see me as liable following an accepted VT, and also remind them of my liabilities after a VT.
        Ill no doubt keep you in the loop.
        I just wanted to say (as you have probably heard this before) thanks for your efforts and helping so many directly and indirectly via this forum!

        Comment


        • #5
          I am in the exact same position with CB, they have marked my credit file with a missed payment regarding one of my direct debits but have confirmed on three occasions that it is their mistake and will amend it. I feel this is to force me to keep contacting them.

          I used the template letters from this site to initiate the VT and I am getting chased for only excess mileage the have passed it on to the same debt collection agency.

          They are turning the screw a bit more on each phone all but I keep reiterating the 50% of term and fair wear and tear but it is ignored in my conversations and they argue that it is part of my contract.

          Holding out for the fight but definitely being made to feel uncomfortable about the whole situation. Will keep you updated.

          Comment

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